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Out-Of-Classification Assignment: Pay or Experience

It is the Department of General Services’ policy that out-of-class assignments are rare or at least infrequent occurrences (final alternative) prompted by extraordinary, temporary, or crisis situations. In those exceptional situations where the office/division receives approval to offer an out-of-class opportunity to their staff (due to the lack of any other viable alternative), the opportunity shall be made available to all staff within the office/division via an e-mail or hard copy of the JOB. Interested employees are given the same time period to apply as any other vacant position advertisement – 10 working days. Compensation for an out-of-class assignment may be authorized if the request is submitted prior to serving in the out-of-class assignment and the assignment is longer than 15 days. If the request is not submitted prior to serving in the out-of-class assignment, the compensation issue shall be resolved through the grievance process.
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0% found this document useful (0 votes)
454 views14 pages

Out-Of-Classification Assignment: Pay or Experience

It is the Department of General Services’ policy that out-of-class assignments are rare or at least infrequent occurrences (final alternative) prompted by extraordinary, temporary, or crisis situations. In those exceptional situations where the office/division receives approval to offer an out-of-class opportunity to their staff (due to the lack of any other viable alternative), the opportunity shall be made available to all staff within the office/division via an e-mail or hard copy of the JOB. Interested employees are given the same time period to apply as any other vacant position advertisement – 10 working days. Compensation for an out-of-class assignment may be authorized if the request is submitted prior to serving in the out-of-class assignment and the assignment is longer than 15 days. If the request is not submitted prior to serving in the out-of-class assignment, the compensation issue shall be resolved through the grievance process.
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© © All Rights Reserved
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You are on page 1/ 14

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

PERSONNEL OPERATIONS MANUAL


POM

Subject: OUT-OF-CLASSIFICATION ASSIGNMENT: PAY OR EXPERIENCE


REFERENCES
Classification and Pay (C & P) Guide

SECTIONS
Section 375 (Revised 6/04)

Human Resources Policy Memos


http://www.ohr.dgs.ca.gov/policymemos
/default.htm
Law & Regulation
http://www.leginfo.ca.gov/calaw.html
http://government.westlaw.com/linkedsl
ice/default.asp?SP=CCR-1000
Memo of Understanding (MOU)
http://www.dpa.ca.gov/bargaining/contr
acts/index.htm
Pay Scales
http://www.dpa.ca.gov/jobinfo/pay_scal
es/toc.shtm
Payroll Procedures Manual (PPM)
http://www.sco.ca.gov/ppsd/ppm/index.
shtml
Responsible Control Agency and
Program
Selection Manual (Old)

96-29

SPB/DPA Policy Memos


http://www.dpa.ca.gov/personnelpolicies/pmls.htm

PML 96-032, 2004-022 (C&P Guide


Revision), 2005-012, 2007-026

GC: 905.2, 19050.8, 19818.16(A),


19818.18
DPA Rule: 599.671, 599.810, 599.904
SPB Rule 212, 302.3, 442
Refer to Employee's MOU
Section 16
Section G825-G830
State Personnel Board
Department of Personnel Administration
Sections 6200.25-6200.28

91.0
ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Pay


Policy

It is the Department of General Services policy that out-of-class


assignments are rare or at least infrequent occurrences (final alternative)
prompted by extraordinary, temporary, or crisis situations. In those
exceptional situations where the office/division receives approval to offer
an out-of-class opportunity to their staff (due to the lack of any other viable
alternative), the opportunity shall be made available to all staff within the
office/division via an e-mail or hard copy of the JOB. Interested
employees are given the same time period to apply as any other vacant
position advertisement 10 working days. Compensation for an out-ofclass assignment may be authorized if the request is submitted prior to
serving in the out-of-class assignment and the assignment is longer than
15 days. If the request is not submitted prior to serving in the out-of-class
assignment, the compensation issue shall be resolved through the
grievance process.

Definition

For excluded and most rank-and-file employees, OOC work is defined as


performing the full range of duties and responsibilities allocated to an
existing classification more than 50 percent of the time, and the position is
not allocated to the classification in which the person has a current, legal
appointment. This indicates that there has been an inappropriate
assignment or assuming of duties of either a higher or lower classification.
(Please refer to the appropriate Memorandum of Understanding
(MOU) for the exact definition of OOC work.)
Employees are not working out-of-classification when:
a. They are on a training and development assignment (T&D), in an
apprenticeship or other training classification, or performing duties
because of an injury, illness, or return-to-work program.
b. Changes are made to classifications and/or allocation standards and
the employee claims to have been working in a higher classification
prior to the effective date of the changes.
c. The employee requests the higher level duties for career development,
personal convenience, or personal gain.
d. The current classification specification permits the performance of
such duties, or it cannot be determined that an employee was
functioning at the higher level.
e. The grievance is based upon alleged accelerated movement in a deep
classification series (e.g., Staff Services Analyst, ranges A, B, and C)
or from the trainee to/through journey level of a classification series.
Continued on next page

91.1
ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Pay, Continued


Alternatives
to
OO
C
assi
gn
men
ts

Managers and supervisors should adhere to the standard hiring process


(refer to the RPA Process section in this manual) prior to requesting an
OOC assignment. Some alternatives to an OOC assignment, if there is no
hiring freeze include:

Limited-term appointment from an employment list


Rotating assignments
Training and Development (T&D) assignments
Acting assignments under the State Personnel Board (SPB) Rule
302.3 (compensable up to 60 workdays)
Compelling management need assignments under SPB Rule 442
(compensable)
Transfer
Temporary Loan
Reinstatement
Interagency Loan
Retire Annuitant
Personal Services Contract
Student Assistant/Graduate Student Assistant
Employment List
Limited Examination & Appointment Process (LEAP)
State Restrictions of Appointment (SROA)
Appropriate List
Reemployment List
Transfer of List Eligibility (TOE)
If no list, temporary authorization utilization (TAU) (last resort)

Note: SPB Rule 302.3 should not be used when the acting assignment
can reasonably meet the OOC provisions in a current MOU agreement or
in the DPA Rule 599.810. In addition, SPB Rule 302.3, pertaining to
acting assignments, should not be used in sequence with MOU or DPA
Rule 599.810
Continued on next page

91.2
ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Pay, Continued


Request for
OO
C
assi
gn
men
t

If all alternatives, as discussed above, have been exhausted and you


have not filled the vacancy, then you may submit a request for an OOC
assignment. The following table identifies the steps and actions required
to request an OOC assignment.
Step
1

Action
The Program submits Part I of the Out-of-Classification
Checklist via an email to the Classification and Pay (C&P)
Analyst for pre-approval which includes the following
information:
Reason for the assignment (how and why it is absolutely
essential and/or critical to the continued operation of the
organizational unit)
Explanation as to why an alternative appointment (see
above) is not being used
Plan for resolving the OOC situation (what action will be
taken at the conclusion of the OOC)
The C&P Analyst will review the request based on DPA criteria
and notify the Program of his/her decision.
If
Denied
Approved

Then
Program may appeal C&P Analysts decision to
the Assistant Manager, Classification and Pay
Unit
Program submits a copy of the job opportunity
bulletin (JOB) via an email to the C&P Analyst
(the vacancy must be re-advertised indicating an
OOC opportunity)

Continued on next page

91.3
ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Pay, Continued


Request for
OOC
assignment
(continued)
Step
3

Action
Following the mandatory advertising period and selection
process, the Program submits Part II of the Out-of-Classification
Checklist via an email to the C&P Analyst which includes the
following information:
Name, location, and classification of employee filling the
assignment
Time period involved (beginning and ending date)
Copy of the employees current essential functions duty
statement
Copy of the OOC assignment essential functions duty
statement
A current and proposed organization chart
The C&P Analyst will verify eligibility of the selected employee
for an OOC assignment.
If
Denied

Then
Program may select another employee from
those interviewed
Approved C&P Analyst will:
notify the Program
notify the employee in writing of the OOC
assignment
file a copy in the OOC file for audit
purposes
forward a copy to the Personnel
Specialist (PS) in the Personnel
Transactions Unit (PTU) for
compensation processing
place a copy in the employees Official
Personnel Folder (OPF)

Continued on next page

91.4
ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Pay, Continued


Request for
OOC
assignment
(continued)

Step
5

Action
If an extension is requested, continue to Step 5.
Depending on the MOU, some OOC assignments may be
extended past 120 days. If an extension is required, the
Program must submit Part III of the Out-of-Classification
Checklist prior to the expiration date of the original OOC
assignment, which includes the following information:
time period involved
reason for the requested extension
The C&P Analyst will review pursuant to established criteria:
If
Denied
Approved

Then
Program must begin hiring process again
C&P Analyst will re-notify all parties involved as
discussed above

Excluded
The DGS has delegation authority to approve OOC assignments for
emp confidential, supervisory, managerial, and other excluded employees up to
loye one year.
es
Managerial
emp
loye
es
Exempt

The DGS has delegation authority to pay managerial OOC. There are rare
circumstances when DGS determines a managerial OOC assignment must
continue beyond a short time frame and additional compensation is
appropriate. Payment will commence on the 91 st day.

DGS is still required to submit exempt OOC assignments to DPA for prior
emp approval.
loye
es
Continued on next page

ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

91.5

ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Pay, Continued


Out-ofclas
sific
atio
n
pay

OOC
grie
van
ces

Out-of-classification pay is requested after the completion of the pay


period. The employee will receive a supplemental warrant reflecting the
out-of-classification pay.
An employee working out-of-classification in a supervisory classification
CANNOT be compensated for overtime unless the supervisory
classification is in Work Week Group (WWG) 2. Additionally, a rank and
file employee working out-of-classification in a supervisory position cannot
return to his/her non-supervisory position to be compensated for overtime
during the out-of-classification assignment.
Represented:
As stipulated in their MOUs, all represented employees (except in
Bargaining Unit 5) may file grievances concerning any disputes arising
from OOC assignments in accordance with the respective bargaining unit
grievance procedure.
Excluded:
Excluded employees who believe that they have been assigned OOC
duties may file an Excluded Employee Grievance Form 631 within 30 days
of the completion of the alleged OOC duties.
Retroactive:
In accordance with the provisions of GC Section 19818.16(a), retroactive
payment of an OOC grievance shall be awarded for a period no greater
than one year preceding the filing of the grievance.
Out-of-classification grievance payments:
If the OOC grievance is approved within the department it is no longer
required that the grievance be sent to the DPA for final level of review. If
the department approves the grievance, payment can be made using STD
674 (Payroll Adjustment Notice).
Continued on next page

91.6

ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Pay, Continued


OOC
grievances
(continued)

If the department denies the grievance and the employee appeals to the
DPA or if the employee files directly with the DPA and the department is
requested to provide information, and the DPA should approve the
grievance, payments are made through the SCOs Premium Pay Unit.
When the DPA certifies approval of a specific period of time for OOC work,
the Release of All Claims form and the STD 674 are initiated by the DPA
and sent to the Personnel Transactions Unit (PTU) for calculation of the
correct amount for the OOC payment.
C&P Analysts, please refer to the C&P Guide for a complete description of
the process. C&P Analysts shall provide the employee with the following
when a grievance for OOC work is received:

letter to employee detailing the method of investigation, definition of


OOC, findings, conclusion, final decision, and appeal rights
breakdown of the calculation of payment amount, unless there is a
settlement agreement
employee contract grievance form (STD 630, STD 631), which the
employee submitted to start the grievance process

When PTU staff receives a copy of the entire package, discussed above,
s/he will process the request for payment using STD 674.
Attachments

Sample OOC Approval; Sample OOC Termination; Employee Contract


Grievance, STD 630; Excluded Employee Complaint, STD 631; Out-ofClassification Checklist, Out-of-Class Contract Provisions Table, OOC
Claim Approval form, Release of All Claims form, Payroll Adjustment
Notice-STD 674

91.7

ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Experience


Policy

It is the policy of the Department of General Services (DGS) that an


employee shall be eligible to receive credit for out-of-class experience in
meeting the minimum qualifications for a civil service examination when all
of the following criteria, discussed below, are met.

Definition

Out-of-class experience is that work experience gained by the


performance of duties outside the classification concept of the employees
classification of appointment.
Note: Nothing in State Personnel Board Rule 212 shall be deemed to
condone or encourage the assignment by management or the
performance of out-of-class work by an employee not authorized by law.

Criteria

All of the following criteria must be met for approval of out-of-class


req experience for examination purposes.
uire
d
for
veri
ficat
ion
of
OO
C
exp
erie
nce
Criteria
Explanation
1
The employee shall submit a written request (see attachments)
that the DGS certify that the employee accepted and
performed duties assigned by the DGS that were not consistent
with the employees classification of appointment.

ORIGINAL ISSUE DATE: 2/04

Note: Requests shall not be made prior to performing OOC


duties a minimum of 30 consecutive calendar days, nor later
than one year after the ending date of the OOC duties.
The DGS supervisor under whom the claimed OOC experience
was gained shall document by written statement the
employees request for certification of OOC experience.

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

The applicant shall attach a copy of the verification statement


to the application form (STD 678) for any examination for which
s/he is applying.
Continued on next page

91.8

ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Experience, Continued


Criteria
required for
verification
of OOC
experience
(continued)
Criteria
Explanation
4
The OOC experience shall not be used to progress from the
trainee to the journey level in a classification series or deep
classification at a rate faster than that permitted for persons
appointed to such classifications.
Note: If the employees classification of appointment has a
transfer relationship, as defined by SPB Rule 433, to the
classification series or deep classification in which OOC was
gained and verified, and the OOC experience gained was at the
trainee through journey level, the experience shall be credited
for examination purposes on a cumulative basis starting at the
level to which the employee could have transferred.

Where a promotional relationship, as defined in (b) of SPB Rule


431, exists between the employees classification of
appointment and the classification series or deep classification
in which OOC experience is claimed and verified, the
experience will be credited on a cumulative basis starting at the
entry level of the classification series or deep classification
The OOC duties were performed for a minimum time period
generally required to assume the full range of responsibilities of
the classification being claimed by the employee. Under these
criteria, the minimum verifiable length of OOC experience is 30
consecutive calendar days.
Continued on next page

91.9
ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Experience, Continued


Steps

The following table depicts the steps which must be followed in order to
request verification for out-of-class duties for examination purposes.
Step
1

2
3

Action
Employee completes his/her portion of the Request for
Verification of Out-of-Class Duties (SPB Rule 212) (form is fill
and print format-see attachment) immediately upon completion
of OOC duties or when requested by the Selections Unit
Employee saves document and/or forwards to supervisor who
made the assignment to complete
Supervisor, upon completion
prints document
signs and dates
has employee sign and date
Employee attaches form to application for specific examination
and submits to his/her programs (e.g., OSP, APE, BSO)
Classification and Pay Analyst (C&P) (click the following link for
current assignment list
http://www.documents.dgs.ca.gov/ohr/CPAssign/C&PAssign.doc
Immediately (one day turn around) upon receipt, the C&P
Analyst reviews the form for completeness and the OOC duties
performed are consistent or inconsistent to those of the OOC
classification
OOC
Action
If consistent
Signs and dates and forwards to
Personnel Manager for date and
signature
Submits original to Selections Unit and
copies to OPF and employee
If inconsistent
Drafts response describing the reason
of non-support of OOC for Personnel
Managers signature
Submits original to employee and
copies to OPF and Selections Unit
Continued on next page

91.10
ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES


PERSONNEL OPERATIONS MANUAL
POM

Out-of-Class (OOC) Assignment: Experience, Continued


Attachment

Request for Verification of Out-of-Class Duties (SPB Rule 212)

91.11
ORIGINAL ISSUE DATE: 2/04

REVISION DATE: 3/09

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