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Policies & Procedures - Definitions

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.


AGENCY
- a department, institution of higher learning, board, commission, or school that is a governmental unit of the State of South Carolina. Special purpose districts, political subdivisions and other units of local government are excluded from this definition.

AGENCY HEAD - any person who has authority and responsibility for an agency.

ANNIVERSARY DATE (State Service Date) - the date each year that marks the anniversary of the employment with the State, adjusted to reflect periods of authorized leave without pay of over ten (10) consecutive work days in any one (1) calendar year and periods when there were breaks in service.

APPEAL - the request by a covered employee to the State Human Resources Director for review of an agency’s final decision concerning a grievance.

APPOINTING AUTHORITY - the agency head or other person or group of persons empowered to employ.

APPOINTMENT - the act of placing an employee into a position.

AUTHORIZED POSITION - a position authorized by the appropriate funding authority in accordance with the policies of the Budget and Control Board.

BASE PAY - the rate of pay approved for an employee in his position exclusive of any additional pay, such as longevity payments, temporary salary adjustments or shift differential payments.

BASE PERIOD - the period of time which defines the regular annual schedule of employment (e.g., either a semester, an academic year, or ten (10) months to twelve (12) months)

BREAK IN SERVICE - an interruption of continuous state service. An employee experiences a break in state service when there is an interruption of continuous state service for a period of more than fifteen (15) calendar days, when the employee remains in leave without pay status for a period of more than one (1) calendar year, or when the employee is paid out for unused annual leave.

CALENDAR DAYS - the sequential days of a year. The time must be computed by excluding the first day and including the last. If the last day falls on a Saturday, Sunday, or legal holiday, it must be excluded.

CLASS - a group of positions sufficiently similar in the duties performed, degree of supervision exercised or received, minimum requirements of education, experience or skill, and the other characteristics that the same state class title and the same state salary range are applied to each position in the group by the Office of Human Resources.

CLASS CODE - the alphanumeric identification assigned to a particular class.

CLASSIFICATION PLAN - the official document that describes the concepts, policies, and procedures utilized in the classification and reclassification of positions in the classified service.

CLASSIFIED POSITION - an authorized position that has been classified in accordance with the Classification Plan.

CLASSIFIED SERVICE - those positions subject to the provisions of the Classification Plan.

CLASS SERIES - a group of classes which are sufficiently similar in kind of work performed to warrant similar state class titles, but sufficiently different in level of responsibilities to warrant different state salary ranges.

CLASS TITLE - the state classification name assigned to a class.

CONFLICT OF INTEREST - any action or situation in which an individual's personal or financial interest or that of a member of his household might conflict with the public interest. In general, the Rules of Conduct and rules and regulations of the State Ethics Commission shall govern conflict of interest situations. Questions of propriety concerning an employment situation may be referred to the State Ethics Commission or the Office of the Attorney General for clarification.

CONTRACTUAL SERVICES - services that are provided on a fee or contractual basis by one agency to another agency or by a person or private company to an agency.

COVERED EMPLOYEE - a full-time or part-time employee occupying a part or all of an established full-time equivalent (FTE) position who has completed the probationary period and has a "meets" or higher overall rating on the employee’s performance evaluation and who has grievance rights. Instructional personnel are covered upon the completion of one (1) academic year except for faculty at state technical colleges of not more than two (2) full academic years’ duration. If an employee does not receive an evaluation before the official review date, the employee must be considered to have performed in a satisfactory manner and be a covered employee . This definition does not include employees in positions such as temporary, temporary grant, or time-limited employees who do not have grievance rights.

DEMOTION - the assignment of an employee by the appointing authority from one established position to a different established position having a lower state salary range or, for employees in positions without a State salary range, assignment of a lower rate of pay to the employee except when the employee's job duties also are decreased for nonpunitive reasons.

DUAL EMPLOYMENT - employment and compensation in excess of the approved rate of pay for an employee's primary duties for services of any nature, regardless of whether the employment and compensation are within the employing agency or a requesting agency. Additional compensation will be allowed only when the services rendered are clearly not a part of the employee's regular job. Summer school teaching by nine-month (academic year appointment) faculty is not considered dual employment.

DUAL EMPLOYMENT AGREEMENT - a written, formal document between the employing agency and the requesting agency which sets forth all terms and conditions for the dual employment of an employee.

EMPLOYEE - any person in the employ of an agency who is paid a salary or wage.

EMPLOYING AGENCY - the state agency, or unit thereof, having primary control over the services of the employee.

EXEMPT EMPLOYEE - an employee who is exempt from both the minimum wage and overtime requirements of the Fair Labor Standards Act due to employment in a bona fide executive, administrative, professional or outside sales capacity.

FULL-TIME EQUIVALENT or FTE - a value expressing a percentage of time in hours and of funds related to a particular position authorized by appropriations acts enacted by the General Assembly.

GRIEVANCE - a complaint filed by a covered employee or the employee’s representative regarding an adverse employment action.

HOLIDAY COMPENSATION LEAVE CREDITS - time credited to an employee on an hour for hour basis for work performed on a legal holiday.

HUMAN RESOURCES DIRECTOR - that employee of an agency immediately responsible for human resources administration.

IN-BAND INCREASE - a salary increase which is awarded within the state salary range assigned to the employee's class.

INSTRUCTIONAL PERSONNEL - employees of an agency that have primarily an educational mission, excluding the state technical colleges and excluding those employees exempted in Section 8-17-370(10) who work an academic year.

INVOLUNTARY REASSIGNMENT - The reassignment of an employee by an agency with an available position having the same state salary range for which the employee is qualified.

LEGAL HOLIDAY - a day that has been set aside by statute to be observed by employees of the State with legal authorization to be absent from the normal work activities.

MEDIATION - an alternative dispute resolution process whereby a mediator who is an impartial third party acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. The process is informal and non-adversarial with the objective of helping the disputing parties reach a mutually acceptable agreement.

MEDIATION - ARBITRATION - an alternative dispute resolution process that provides for the submission of an appeal to a mediator-arbitrator, an impartial third party who conducts conferences to attempt to resolve the grievance by mediation and render a decision that is final and binding on the parties if the appeal is not mediated.

NONEXEMPT EMPLOYEE - an employee who is covered by the Fair Labor Standards Act and who is, therefore, subject to both the minimum wage and overtime requirements of the law.

OFFICE OF HUMAN RESOURCES - the central state human resources agency under the Budget and Control Board.

ORIGINAL APPOINTMENT - the initial employment of a person in a FTE position in either the Classified, Unclassified, Executive Compensation or Agency Head systems, or the re-employment of a former employee who has had a break in service to either the Classified, Unclassified or the Executive Compensation systems.

PAY BAND or SALARY RANGE - the dollar amount between the minimum and maximum rates of a pay to which a class or position is assigned.

PAY PLAN - the official document that describes the state classes and the state schedule of compensation and describes the concepts, policies and procedures for the administration of the pay schedule.

PAY SCHEDULE - the approved list of pay bands and their assigned salary ranges.

PERFORMANCE APPRAISAL RATING - the overall rating given for the employee's performance during a specific period of service.

PERFORMANCE REVIEW DATE - the date marking the beginning of a performance review period. Note: Performance appraisals completed on or after this date for prior evaluations are late.

POSITION - those duties and responsibilities constituting a single job.

POSITION NUMBER - a unique number assigned to an established position.

PROBATION - the status of an employee during the probationary period.

PROBATIONARY EMPLOYEE - a full-time or part-time employee occupying a part or all of an established position in the initial working test period of employment with the State of twelve (12) months’ duration for non-instructional personnel, or the academic year duration for instructional personnel except for those at state technical colleges, or of not more than two (2) full academic years’ duration for faculty at state technical colleges. An employee who receives an unsatisfactory performance appraisal during the probationary period must be terminated before becoming a covered employee.

PROBATIONARY PERIOD - an initial working test period of employment with the State of not more than twelve (12) months’ duration for non-instructional personnel or the academic year duration for instructional personnel except for those at state technical colleges, or of not more than two (2) full academic years' duration for faculty at state technical colleges. An employee who receives an unsatisfactory performance appraisal during the probationary period must be terminated before becoming a covered employee.

PROMOTION - the assignment of an employee by the appointing authority from one established position to a different established position having a higher State salary range or, for positions without a State salary range, having a higher rate of pay. Failure to be selected for a promotion is not an adverse employment action that can be considered as a grievance or appeal.

PUNITIVE RECLASSIFICATION - the assignment of a position in one class to a different lower class with the sole purpose to penalize the covered employee.

REALLOCATION OF POSITIONS - the assignment of a group of like positions from one pay band to another pay band.

REASSIGNMENT - the movement within an agency of an employee from one position to another position having the same state salary range, or the movement of a position within an agency which does not require reclassification.

RECLASSIFICATION - the assignment of a position in one class to another class which is the result of a natural or an organizational change in duties or responsibilities of the position.

REDUCTION IN FORCE - a determination made by an agency head to eliminate one or more filled positions in one or more organizational units within the agency due to budgetary limitations, shortage of work, or organizational changes.

RE-EMPLOYMENT - the return of an employee to state service following a break in service.

REINSTATEMENT - the return of an employee to state service without a break in service.

REQUESTING AGENCY - the state agency, or unit thereof, seeking to engage the services of and compensate any employee for whom it is not the employing agency.

RESIGNATION - a formal notification by an employee of his relinquishment of employment.

SALARY DECREASE BASED ON PERFORMANCE - the reduction of a covered employee’s compensation based on the results of an Employee Performance Management System (EPMS) evaluation.

SHIFT DIFFERENTIAL - the amount of inconvenience pay that can be awarded to certain employees who are regularly assigned to shift type work (evening, night, rotating, or split-shift) provided a majority of the hours worked are other than 8:00 a.m. to 5:00 p.m.

SLOT NUMBER - the number used to identify individual positions in an assigned class within an agency.

STATE EMPLOYEE GRIEVANCE COMMITTEE - a committee composed of state employees who are appointed by the Budget and Control Board and who conduct hearings involving grievances filed by state employees covered by the State Employee Grievance Procedure Act.

STATE HUMAN RESOURCES DIRECTOR - the head of the Office of Human Resources of the State Budget and Control Board, or his/her designee.

STATE SERVICE TIME - the total employment time defined in years, months, and days in which an employee has served in a FTE position, including, part-time service.

SUPERVISOR - an individual who directs one or more subordinates and is designated as the rater on those subordinates' performance appraisals.

SUSPENSION - an enforced leave of absence without pay pending investigation of charges against an employee or for disciplinary purposes.

TEMPORARY EMPLOYEE - a full-time or part-time employee who does not occupy an FTE position, whose employment is not to exceed one (1) year and who is not a covered employee.

TEMPORARY POSITION - a position created for a period of time not to exceed one (1) year.

TERMINATION - the action taken by an agency against an employee to separate the employee involuntarily from employment.

TRAINEE - an employee who does not meet the minimum training and experience requirements of a class, and who is appointed at a salary below the minimum of the state salary range to which the class is assigned for a period not to exceed one (1) year due to the unavailability of qualified applicants.

TRANSFER - the movement to a different agency of an employee from one position to another position having the same state salary range, or the movement of a position from one agency to another agency which does not require reclassification.

TRIAL PERIOD/STATUS - a working test period of six (6) months required of a covered employee following a transfer or reassignment to any class in which the employee has not held covered status or a promotion, demotion, or reclassification.

UNCLASSIFIED POSITION - an authorized position that has been established but is not subject to the Classification Plan.

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