S.C. Code Regs. § § 19-718.10

Current through Register Vol. 48, No. 11, November 22, 2024

Section 19-718.10 - COMPUTATION OF BACK PAY

A. Reinstatement of pay resulting from a reversed disciplinary action shall be less any other related income, such as unemployment compensation, workers' compensation, State retirement benefits, and wages, received during the period of time in which the pay was deducted and shall be accomplished in the following manner:

1. The covered employee shall submit to the agency a notarized statement of any wages earned during the interim period of disciplinary action;

2. The agency shall submit a written request for the covered employee's reinstatement of pay and a statement of back pay due, less any other related income, such as unemployment compensation, workers' compensation, State retirement benefits, and wages, to the State Human Resources Director;

3. Any unemployment compensation earned by the employee will be verified by OHR through the South Carolina Department of Employment and Workforce. The amount of unemployment compensation provided by the South Carolina Department of Employment and Workforce will be used in determining the final back pay amount;

4. The computation of back pay must be in accordance with guidelines provided by the Office of the Comptroller General; and

5. The State Human Resources Director must approve the amount of reinstatement pay due the employee. That approval is not subject to administrative appeal and will constitute the final administrative decision.

B. The above procedure shall be followed in reversed disciplinary actions resulting from both agency internal grievance procedures as well as appeals at the State level.

C. The intent of this regulation is only to make the employee whole as if the disciplinary action had not occurred.

S.C. Code Regs. § 19-718.10

Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.