Section 389-5-3 - ADMINISTRATION OF THE COMPENSATION PLANThe following provisions assume that funds are available and that expenditures have been authorized by the appropriate fiscal authorities of the state.
A. Beginning Salary 1. Original Appointment a. The minimum rate of pay for a class shall normally be paid upon appointment to the class; except that:b. Upon written certification by the appointing authority, that original appointment at one of the salary steps above the minimum rate is justified by exceptional qualifications of the eligible or by lack of available eligibles at the minimum rate, the Director of Human Resources shall consider the pay rates of employees in the same class and agency, and may authorize such appointment provided other eligibles and employees in the class having similar qualifications are offered the same rate.2. Transfer, Promotion or Demotion When an employee is transferred, promoted or demoted, the rate of pay for the new position shall be determined as follows:
a. If the rate of pay in the previous position is less than the minimum rate established for the class of the new position, this former rate of pay shall be advanced to the minimum for the class of the new position.b. If the rate of pay in the previous position is more than the maximum rate established for the class of the new position, this former rate of pay shall be reduced to the maximum step within the range for the class of the new position.c. If rate of pay in the previous position falls within the range of pay established for the class of the new position, this former rate shall be adjusted to the next higher rate of pay in case of promotion, next lower rate in case of demotion, or remain unchanged in the case of transfer. NOTE: Prior to implementation of the October 1976 salary adjustment, salary schedules were structured in a manner which provided intervals of approximately five percent (5%) between ranges and steps. To maintain consistency with this past practice, the following policy is now in effect for determining rates of pay in instances of transfer, promotion and demotion:
1. Transfer. Rate of pay remains unchanged.2. Promotion. Rate of pay adjusted to lowest rate in new class which is at least 5% higher than rate in class from which promoted.3. Demotion. Rate of pay adjusted to highest rate in new class which is at least 5% lower than rate paid in class from which demoted.d. Upon promotion, increases of more than one step may be made with the approval of the Director of Human Resources.3. Reinstatement from Layoff If a former employee is reinstated from a layoff register in a class in which previously employed, the appointing authority shall make the appointment at the same step in the pay range as the employee had been paid at the termination of service.
4. Reemployment If a former employee is reemployed in a class in which previously employed, the appointing authority may make an appointment at the same step in the pay range as the employee had been paid at the termination of service.
5. Provisional to Regular Appointment a. Same or Comparable Class of Work. If a provisional employee subsequently receives an appointment to a position in the same or comparable class after regular certification from an eligible register without interruption in service to the state, the employee shall be eligible to continue in his/her regular appointment at the same rate of pay he/she was receiving as a provisional employee.b. Lower Class of Work. Upon written recommendation of the appointing authority, a provisional employee who is appointed, by regular certification from an eligible register without interruption in service to the state to a position in a class having a lower salary range, may be appointed at a salary rate within the range which does not exceed one step for each year of continuous service.6. Project Employment For employment on a strictly non-recurring project duty, the Director of Human Resources may authorize, as necessary due to recruiting difficulties, a rate of pay which may exceed the maximum of the range provided by not more than 50%. In any case authorized because of the project nature of the work the employee shall not be entitled to vacation, sick leave or holidays.
B. Subsequent Salary Adjustments 1. Merit Increase Awards a. Salary adjustments within an established range shall be dependent upon specific written recommendations by the appointing authority, which shall be based upon standards of performance as indicated by service ratings or other pertinent data.b. Ordinarily, increases in salaries shall not be more than one step, and shall not be made more often than once every 12 months, except that an appointing authority may propose salary increases of more than one step or more frequently than once every 12 months upon detailed written statements to the Director of Human Resources specifying the employee's exceptional performance or the unusual employment conditions that make such action necessary.c. The Director of Human Resources shall review each request for an increase of more than one step in the pay range for the class, giving due consideration to the salary rates paid other employees in the same class and agency, and may deny any request which is judged to be contrary to the best interest of the service.d. Every appointing authority shall at least once in every 12 months review the work performance of each employee to determine whether the rate of pay of that employee should be advanced to the next step in the range and shall advise the employee in writing of his/her determination, and reasons therefor.2. Salary Decreases An appointing authority for just cause may reduce the salary of an employee within the salary range prescribed for the class. In the case of a permanent employee, notice of intention to effect a reduction in pay and reasons for such action shall be given to the employee and to the Director of Human Resources at least seven (7) calendar days prior to the effective date of the reduction. The permanent employee so affected may appeal a reduction in salary under provisions of Chapter 13 as annotated.
18- 389 C.M.R. ch. 5, § 3