Md. Code Regs. 17.04.02.06

Current through Register Vol. 51, No. 24, December 2, 2024

Section 17.04.02.06 - Acting Capacity Pay

A. An employee designated by an appointing authority to perform on a temporary basis all the duties of a position in a classification that has a rate of pay which is higher than that of the employee's classification shall be paid additional compensation, known as acting capacity pay, in accordance with guidelines adopted by the Office of Personnel Services and Benefits and §C of this regulation. The amount of the acting capacity pay shall be the amount which the employee would be paid if permanently promoted to the higher classification unless otherwise provided by law.

B. Guidelines. The Office of Personnel Services and Benefits shall adopt guidelines to insure that acting capacity pay designations are done equitably and without abuse.

C. Employees Designated for Acting Capacity Pay.

(1) An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons:

(a) The temporary absence of an incumbent;

(b) A vacancy exists for which recruitment is underway; or

(c) Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification.

(2) An appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level classification and any special requirements of the position.

(3) As of July 1, 1998, an appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series.

(4) As of July 1, 1998, payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is:

(a) Between grades 1 and 10, additional compensation shall be paid for the period in excess of 10 continuous work days;

(b) For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous work days.

(5) The initial period of acting capacity pay is limited to 6 months or less and may be extended for periods of up to 6 months.

D. Documentation and Reports.

(1) An appointing authority shall maintain documentation in a manner required by the Secretary for each acting capacity pay action. Documentation shall minimally include:

(a) The reason for authorizing acting capacity pay;

(b) Justification for selecting the employee designated for acting capacity pay; and

(c) The reason for an extension of acting capacity pay.

(2) An appointing authority shall maintain acting capacity pay documentation for a period of at least 3 years after the acting capacity pay ends.

(3) An appointing authority shall provide reports documenting acting capacity pay determinations at times and in a manner required by the Secretary.

E. Acting capacity pay transactions and documentation are subject to periodic audits by the Secretary.

Md. Code Regs. 17.04.02.06

Regulations .06 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; amended permanently effective September 8, 1997 (24:18 Md. R. 1297)
Regulation .06C amended effective August 24, 1998 (25:17 Md. R. 1361)