I. POLICY:

In accordance with Civil Service Rule 6.28, and the instructions included in Civil Service General Circular 1003, dated March 1, 1991, and General Circular 1023 dated July 19, 1991, the Division of Administration may pay shift differentials to employees required to work outside the normal work hours (8:00 a.m. to 5:00 p.m.):

1. When funding is available, and
2. In compliance with a policy developed by the section and approved by the appointing authority

II. PURPOSE:

To remain competitive with the pay practices of employers in the area. To compensate employees for working less desirable hours. To assign responsibility for aspects of the policy and to explain the process for adhering to the policy.

III. APPLICABILITY:

This policy applies to employees of the Division of Administration, in sections which maintain an approved policy, who occupy the specified positions in the specified jobs, when and if they work hours of the applicable shifts.

IV. DEFINITIONS:

Shift Differential: an hourly rate over and above the base rate per hour paid on shifts outside the normal work day. Shift differential is paid only for hours worked during the time period determined to qualify for the differential. Shift differential is not considered part of base pay for the purposes of retirement or calculation of leave. However, shift differential is included in the overtime calculation and is subject to normal tax withholding.

Specific shifts will be defined in individual policies.

V. PROCEDURE:

Sections wishing to pay shift differential shall prepare a written policy which:

1. Defines shifts which will be used, and
2. Establishes shift differential rates for each shift, and
3. Identifies how positions will be selected to be eligible for shift pay, and
4. Establishes a non-discriminatory basis for assigning shifts.

The policy must be approved by the appointing authority and an approved copy must be forwarded to the Office of Human Resources.

Sections shall request authorization to pay shift differentials to certain positions (as well as removal of that authorization) on the OF-756 (copy attached). The completed OF-756 must be forwarded to the Office of Human Resources for review and approval.

The Office of Human Resources will assure that the position is eligible for shift differential based on the section's policy and, if appropriate, adjust the position attribute in SAP.

Shift differential shall be paid for actual hours worked. Shift differential is considered a part of base pay when calculating overtime rates for hours worked over 40 in a work week for non-exempt employees.

VI. RESPONSIBILITY:

Deputy/Assistant Commissioners And Equivalent Are Responsible For:

Holding accountable the section heads under their supervision for adhering to all aspects of this policy.

Section Heads Are Responsible For:

Developing a policy guiding implementation of shift differential in accordance with the instructions in this policy.

Seeking approval for that policy from the Appointing Authority.

Forwarding a copy of any approved policy (new or revised) to the Office of Human Resources.

Determining which positions should be authorized for receiving shift differential in a fair and non-discriminatory manner.

Assuring that only individuals in positions authorized to receive shift differential do so and that they receive it only for the hours worked on the eligible shifts.

Assuring that each employee under his/her supervision, current and new is made aware of this policy and its contents as well as any forthcoming revisions.

Providing for informal discussions of grievances and complaints related to this policy in an effort to resolve problems prior to the filing of a formal complaint.

Bringing violations to the attention of the deputy/assistant commissioner and dealing with violations and grievances in a fair and consistent manner.

Maintaining appropriate records of those positions authorized for shift differential and the employees who occupy those.

Managers/Supervisor Are Responsible For:

Compliance with this policy as directed by the section head.

VII. EXCEPTIONS:

Requests for exceptions to this policy should be submitted to the Commissioner of Administration through the section head and appropriate deputy/assistant commissioner or equivalent along with specific and compelling justification.

VIII. QUESTIONS:

Questions regarding this policy should be directed to the Office of Human Resources.

IX. VIOLATION OF THIS POLICY:

Employees found to have violated this policy may be subject to disciplinary action.

SHIFT DIFFERENTIAL FORM