Civil Service Rules

Proposed Chapter 6 - Pay Plan

Proposed Chapter 6 Changes (PDF)

Chapter 6: Pay Plan

6.1 Pay Plan.

(a) The pay plan consists of a pay band for each job and may include a band extension.

(b) The Director shall make a recommendation concerning the pay plan to the Commission at least annually.

(c) Following public hearing, the Commission may adopt or amend the pay plan.

(d) A pay plan adopted by the Commission shall have the effect of law and become effective only after the governor approves it.

(e) The Commission shall specify how appointing authorities are to implement a pay plan.

6.2 General Application of Pay Rules.

(a) An appointing authority may only compensate an employee as authorized by or under Article X or these rules or, if not specifically authorized by these rules, with the Commission’s approval.

(b) An appointing authority may only compensate an employee within the pay band for his or her job or the band extension for his or her position, except as allowed by Rules 6.8 and 6.9 or with the Commission’s approval.

(c) Pay increases, decreases and leave payment shall be calculated on base pay.

(d) Employees may not be compensated under more than one rule for the same reason.

6.3 General Hiring Rates.

(a) On the hiring date, an appointing authority shall pay

1. a probationary or job appointee: the pay band minimum unless another rule applies.

2. a probationary or job appointee who, without a break in service, is probationally appointed to the same or an equivalent job in the same department and is earning more than the pay band minimum: the employee’s current pay.

3. an employee who returns from military service to a former, an equivalent, or a lower job: the employee’s former pay plus any pay adjustments he or she would have received during his or her absence.

4. an appointee from a department preferred reemployment list: no more than the employee’s pay on the effective date of the layoff action or the employee’s current pay.

5. a restricted appointee: an amount within the pay band or band extension.

(b) On the hiring date or prospectively within one year after the hiring date, an appointing authority may pay a permanent employee who resigns to accept a probationary appointment that otherwise would be a promotion promotional pay under Rule 6.7. An employee who was dismissed or resigned to avoid dismissal while serving with permanent status is not eligible for this pay rate.

(c) On the hiring date, an appointing authority may pay a former employee who returns to classified service other than from military service: any amount within the pay band that does not exceed the highest pay earned while serving with permanent status other than on detail. A former employee who was dismissed or resigned to avoid dismissal while serving with permanent status is not eligible for this pay rate.

6.4 Special Hiring Rates for Jobs or Positions.

(a) The Director may authorize special hiring rates within the pay band or band extension for jobs or for positions within jobs when

1. recruitment or retention problems or unusual employment conditions exist or

2. federal rule or regulation or a contract with a federal funding agency requires a special pay rate.

(b) The Director shall report to the Commission any rates authorized under this rule.

(c) Requests for an amount greater than that authorized by the Director may be granted by the Commission.

(d) When an organization unit implements a special hiring rate, the appointing authority shall pay employees in positions to which the rate applies and all new hires no less than the special hiring rate. The pay of current employees who are paid above the special hiring rate may be adjusted up to 15% under Rule 6.14(d).

6.5 Special Hiring Rates for Individuals.

(a) On the hiring date or prospectively within one year after the hiring date, an appointing authority may pay an employee who takes a probationary or job appointment and who possesses job-related qualifications or credentials that exceed the minimum requirements for the job an amount up to the third quartile of the pay band. For recruiting needs that exceed the third quartile of the band, the appointing authority may request a higher pay rate from the Director. The Director shall report to the Commission any rates authorized above the third quartile under this rule.

(b) An appointing authority may only use this rule in accordance with a publicly posted policy.

(c) The pay of current employees with the same or substantially similar qualifications, who occupy the same job and are paid below the new hire’s rate, may be adjusted to the new rate or adjusted up to 15% under Rule 6.14(d).

(d) An appointing authority who uses this rule shall verify the qualifications and/or credentials and document their job-relatedness.

(e) A former employee who is appointed to the same or lower job in the same job family at the same agency must have had a 60 calendar-day break in service to be eligible for this special hiring rate.

6.6 Premium Pay

The Commission may authorize premium pay for positions in a job where employment conditions are unusual or for an employee who performs extraordinary duty that is not an integral part of his regularly assigned duties. Such additional pay shall not be considered as part of the employee’s base pay.

6.7 Pay on Promotion, Detail, or Reallocation to a Higher Job.

(a) Except as provided in Rule 6.9(a), in accordance with Rule 6.2(b), an appointing authority shall increase the pay of an employee who is promoted, detailed, or reallocated to a higher job by

1. 7% when the new pay band maximum is at least 7% higher than the current pay band maximum.

2. 7% up to 10½% when the new pay band maximum is at least 14% but higher than the current pay band maximum or

3. 7% up to 14% when the new pay band maximum is 21% or more higher than the current pay band maximum.

(b) An appointing authority shall not reduce the pay of an employee who is promoted directly from detail to the same, an equivalent, or a higher job.

(c) When an employee’s pay falls within a band extension, pay under this rule shall be calculated on the pay band maximum.

(d) An employee on detail to a higher job shall not have his pay reduced as a result of his regular position being assigned to a different pay band.

6.8 Pay on Job Correction, Pay Band Change, or Movement of Position to the Classified Service.

An appointing authority shall not change the pay of an employee whose allocation is job-corrected, job is assigned to a different pay band, or position is declared to be in the classified service in accordance with Ch. 24 other than to increase the employee’s pay to the new pay band minimum. An employee’s pay that is above the new pay band maximum or band extension, shall be red circled under Rule 6.18.

6.9 Pay on Movement to a Job with a Lower Maximum.

(a) An appointing authority shall decrease the pay of an employee who voluntarily demotes by at least 7%. An appointing authority may waive this decrease for voluntary demotions as long as the employee’s pay does not exceed the new pay band maximum or band extension. When an appointing authority waives this decrease, the employee shall not be eligible for any increase in pay as a result of a promotion or reallocation for a period of two years, unless the promotion or reallocation is to a job with a pay band maximum that is higher than that of the job from which the employee was demoted.

(b) An appointing authority shall decrease the pay of an employee who is disciplinarily demoted by at least 7%.

(c) When an employee who is paid within a band extension transfers to an equivalent job in a position that has a lower or no band extension, the appointing authority shall reduce the employee’s pay to the pay band maximum.

(d) An appointing authority shall not change the pay of an employee who is reassigned, reallocated, or demoted in lieu of layoff to an equivalent or lower job. An employee’s pay that is above the new pay band maximum or band extension shall be red circled.

(e) An appointing authority may decrease the pay of an employee who is relocated during a layoff process. An employee who accepts a relocation offer during a layoff process may have his pay red-circled if the reduction results in pay that is still outside of the band.

6.10 Pay on Detail to Equivalent or Lower Job.

An appointing authority shall not reduce the pay of an employee who is detailed to an equivalent or lower job.

6.11 Pay on Return from Detail.

An appointing authority shall pay an employee who returns from detail the amount authorized for his or her regular position.

6.12 Pay for Part-Time Services.

An appointing authority shall pay an employee who works part-time at the appropriate hourly rate.

6.13 Performance Adjustment; Anniversary Dates; Department Rating Dates.

(a) Performance adjustments may be granted to employees at the discretion of an appointing authority; performance adjustments are not mandatory.

(b) Only employees who receive an official overall performance rating of meets expectations or better may be eligible for a performance adjustment.

(c) An appointing authority shall establish a written policy that defines how employees may become eligible for performance adjustments and how the performance adjustment practice will be administered. Such policies shall:

1. state the business case for the policy structure and design;

2. be submitted to the Department of State Civil Service annually on July 30th;

3. be submitted to the Department of State Civil Service within 30 days of the effective date of any policy revisions; and

4. be posted in a manner available to all employees with an additional general notice given to all employees at implementation and upon revision.

(d) The amount of the performance adjustment shall be determined by the appointing authority within the following parameters:

1. Meets Expectations – up to 3%

2. Exceeds Expectations – up to 4%

3. Outstanding – up to 6%

Any employee with an "Unrated" rating shall be treated as "Meets Expectations" under the agency’s policy.

(e) An appointing authority may grant a new employee’s first performance adjustment after six months of continuous classified service. This first eligibility date becomes the employee’s anniversary date. Thereafter, an appointing authority may grant an employee a performance adjustment annually. When an appointing authority chooses not to award a performance adjustment to an employee on his or her anniversary date or approved agency rating date, the appointing authority may award the increase at any time within the twelve month period following such date.

(f) An employee shall retain his or her anniversary date and performance adjustment eligibility when he or she:

1. is appointed from a department preferred reemployment list within one year of the date of the layoff; or

2. is returned from military service.

Any former employee who returns to classified service following a break in service of one or more working days shall be considered a new employee.

(g) An appointing authority may grant an employee on detail a performance adjustment calculated on his or her pay on detail.

(h) An appointing authority may grant a lump sum performance adjustment to an employee who:

1. has reached the maximum of his or her pay band or band extension; and

2. has been at the same pay rate for a period of two years.

Employees may not receive such an adjustment more frequently than once every other year. Employees who are red circled shall not be eligible for a lump sum payment. 

6.14 Flexible Pay Options.

(a) An appointing authority may only grant increases under this rule in accordance with a publicly posted, Commission-approved policy. An appointing authority who grants an increase under this rule shall verify the reason for the increase and publicly post the names of the recipients, the amount of the increase, and the reason for the increase. An appointing authority shall report to the Director in the manner the Director prescribes any increases granted under this rule.

(b) Achievement Pay

An appointing authority may grant an employee a pay increase of up to 10% as a base pay increase or one-time lump sum for achieving, while employed, a job-related certification, licensure, credential, degree or additional training. Employees at the maximum of the pay band may only receive a lump sum.

(c) Proficiency Pay

1) Additional Duties:

An appointing authority may grant an employee a base pay increase or lump sum payment of up to 7% for performance of additional duties. Employees at the maximum of the pay band may only receive a lump sum. An employee may not receive more than 15% within three consecutive years.

2) Rewards & Recognition:

An appointing authority may implement a rewards and recognition program for employees to reward significant accomplishments or innovations. Awards may be monetary or non-monetary. Monetary awards may be granted as a lump sum payment up to 10% of annual base pay to employees. An employee may not receive more than 10% in one year.

3) Matching a Job Offer:

An appointing authority may grant an employee up to 15% base pay or lump sum to match a verified, non-State job offer. An appointing authority may ask the Commission to authorize an increase greater than 15%.

4) Gainsharing & Exceptional Performance:

Pursuant to R.S. 39:87.5 and R.S. 39:87.6, an appointing authority may implement, in accordance with the Louisiana Government Performance and Accountability Act, an exceptional performance or gainsharing incentive reward program which provides for supplemental compensation to identified classified employees or classified employee groups responsible for efficiencies or exceptional performance. Employees must have been employed by the agency, program, or activity during the period when the efficiencies or the exceptional performance occurred and at the time the reward is distributed. Monetary rewards shall be a lump sum reward. Where the agency is not covered by the Louisiana Government Performance and Accountability Act, the appointing authority shall obtain certification of efficiencies or exceptional performance as required by the Director of the Department of Civil Service.

(d) Incentive Pay

An appointing authority may grant an employee other payments (either base pay or lump sum) under an incentive pay policy approved by the Commission.

(e) Compression Pay

An appointing authority may grant an employee a pay increase of up to 15% of base pay to reduce pay compression, realign pay between comparable employees, or alleviate supervisor/subordinate pay inversions caused by job and pay plan changes.

6.15 Individual Pay Adjustment

When an appointing authority requests and can present adequate justification and documentation before the Commission in public hearing, the Commission may grant a special adjustment in pay (base pay or lump sum) to an individual that cannot be effected through other rules in this chapter. Such adjustments to base pay shall not exceed the pay band maximum or pay band extension of the job in which the individual is employed.

6.16 Perquisites

An appointing authority may request Commission approval of a policy to reimburse an employee for job related expenses such as housing, supplies, parking, etc..

6.17 Compensation for On-Call Duty and Shift Work.

The Director may authorize on-call and shift differential pay and shall specify how appointing authorities are to implement these rates.

6.18 Red Circle Rates

(a) An employee whose pay exceeds the pay band maximum because his position was reallocated or job corrected to a lower job, his job was assigned a lower pay band, his position was declared to be in the classified service in accordance with Ch. 24, or he was demoted in lieu of layoff shall keep his current salary, which becomes an authorized red circle rate.

(b) An employee whose pay exceeds the pay band maximum because he was relocated to a lower position as a result of a layoff may be allowed to keep his current salary in accordance with Rule 17.16, which becomes an authorized red circle rate.

(c) A red circle rate remains in effect until it falls within the pay band or band extension or until the employee separates from the position for which he was authorized the red circle rate.

(d) An employee with a red circle rate is not eligible for any base pay increase.

6.19 Holiday Compensation for Transferring Employees.

When an employee is transferred, the department releasing the employee shall be liable for payment for any holidays and/or regular days off intervening between the last day actually worked in the department releasing the employee and the first day to be worked in the department acquiring the employee.

6.20 Employees not Eligible for Holiday Compensation.

The following are not eligible for holiday compensation:

(a) restricted appointees;

(b) employees with intermittent work schedules or whose regular work schedule averages fewer than 20 hours per week; and

(c) employees on leave without pay immediately before and after the holiday period.

6.21 Administrative Adjustments.

To reduce administrative costs, when an employee’s monthly pay is within $20 of the pay band maximum or band extension ($0.12 hourly), an appointing authority may adjust the employee’s pay to the applicable maximum.

6.22 Corrective Pay Actions.

When an employee receives unauthorized compensation, the Director may order the employee’s pay corrected to an authorized amount and/or may revoke the appointing authority’s discretionary pay authority. Before acting under this rule, the Director shall give the appointing authority and the employee notice of the proposed action and an opportunity to respond.

Ch 1: Definitions relating to Chapter 6

ADOPT the following NEW definitions

1.5.01.1 'Band Extension' means an expansion of the pay band maximum needed when market and employment conditions require such expansion to retain competent and experienced staff.

Explanation: This new rule replaces the old term, base supplement. It is a more accurate depiction of the concept.

 

1.5.03 'Base Pay' means the employee’s hourly rate (including rate within a pay band extension) and any supplemental pay authorized by the Article. Base pay shall not include any overtime, per diem, shift differential, payment in kind, premium pay, one-time lump sum payments, or any other allowance for expenses authorized and incurred as an incident to employment. For purposes of these rules, "pay" means base pay.

Explanation: This new rule defines base pay. There was confusion in the past about what constituted base pay, and this rule clarifies it.

 

1.5.2.001 'Career Progression Group' means two or more job titles that have been banded into a defined group, typically within the same job family or series. Movement is based on consideration of performance, competency, skill, duty assignments, and experience.

Explanation: This is a clarification of an existing concept.

 

1.15.1.01 'Equivalent job' means one with the same pay band maximum or a maximum with a percent difference in pay of less than 7% than the comparison job.

Explanation: Under our new rules, we will consider jobs in differing pay schedules whose maximums are within a 7% plus or minus percentage difference as equivalent pay bands for promotion and demotion purposes.

 

1.15.2.1.01 'Higher job' means one with a pay band maximum with a percent difference of at least 7% higher than the comparison job. 

Explanation: Under our new rules, we will consider jobs in differing pay schedules with higher maximums that have more than a 7% percentage difference as a promotion for pay purposes.

 

1.17.1.1 'Job or Job Title' means the descriptive name for the total collection of tasks, duties, and responsibilities assigned to one or more individuals whose positions have the same nature of work performed at the same level.

Explanation: This rule replaces 1.6, Class.

 

1.18.1.01 'Job Family' means a series of jobs having the same nature of work (e.g., engineering) but requiring different levels of skill, effort, responsibility or working conditions (e.g., entry level vs. senior level).

Explanation: Currently a job series or "family" is not defined. This rule provides the term for a group of highly related jobs or job titles.

 

1.19.1.1 'Lower job' means one with a pay band maximum with a percent difference of at least 7% lower than the comparison job.

Explanation: Under our new rules, we will consider jobs in differing pay schedules with lower maximums that have more than a 7% percentage difference as a demotion for pay purposes.

 

1.20.4 'On-call pay' means a nominal amount of compensation provided in return for an employee being available to report to work outside of his or her regular work schedule at the appointing authority’s discretion.

Explanation: This is a clarification of an existing concept.

 

1.23.1 'Pay Band ' means the minimum and maximum pay approved for a job, excluding any band extension.

Explanation: This rule replaces 1.24.001, Pay Plan.

 

1.24.004 'Performance Adjustment' means pay granted to an employee that is linked to individual, group, and/or organizational performance.

Explanation: This rule replaces 1.20.002, Merit Increase.

1.24.02.1 ‘Perquisites’ means any tangible privilege or gain beyond salary and entitlements provided to administrators, faculty or other employees, including but not limited to housing allowances, car allowances, spousal travel, insurance, and club memberships.

Explanation: This is a clarification of an existing concept.

 

AMEND the following definitions

Current Rule:
1.2
'Allocation' means the determination of the job to which a position is deemed to pertain.

Proposed Amended Rule:
1.2
'Allocation' means the determination of the job title for a position.

Explanation: This amendment is a simplification of the language.

 

Current Rule:
1.8
'Classified Service' is defined as that body of employees performing personal services to and for the State or any of its instrumentalities, except those rendering such services who are specifically exempt from the Classified Service by the Article and these Rules.

Proposed Amended Rule:
1.8
'Classified service' means all persons holding positions in state service except those exempted by or under Section 2 of the Article.

Explanation: This amendment is a simplification of the language.

 

1.10 'Continuous Classified Service' means continuous employment in a classified position. Such service includes any authorized leave of absence; a separation by layoff of not more than one year when reemployment is from a department preferred reemployment list; separation without a break in service of one or more working days; or separation for active military service in the armed forces of the United States where reemployment is in accordance with the provisions of Civil Service Rule 23.15.

Explanation: The previous definition defined "Continuous State Service" and that has been changed to "Continuous Classified Service."

 

Current Rule:
1.11
‘Demotion’ means a change of a permanent or probationary employee from a position in one job to a position in another job which is assigned to a pay grade with a lower maximum.

Proposed Amended Rule:
1.11
'Demotion' means a change of an employee from a position in one job title to a different position allocated to a lower job.

Explanation: This amendment is a simplification of the language.

 

Current Rule:
1.19.1
'Layoff Avoidance Measures' means actions taken by an appointing authority and approved by the Director and/or the Commission to help prevent a layoff. These include: not granting merit increases, granting reduced merit increases, reductions in work hours, furloughs and retirement incentives. Another measure, one not needing Civil Service approval, is the required use of leave during agency closures as stated in Rule 17.10.

Proposed Amended Rule:
1.19.1
'Layoff Avoidance Measures' means actions taken by an appointing authority and approved by the Director and/or the Commission to help prevent a layoff. These include: reductions in work hours, furloughs and retirement incentives. Another measure, one not needing Civil Service approval, is the required use of leave during agency closures as stated in Rule 17.10.

Explanation: This amendment removes references to merit increases, which will no longer be a part of layoff avoidance. Flexibility exists in the new performance adjustment rule to address budget issues.

 

Current Rule:
1.24
'Pay Plan' means a schedule of pay rates or ranges and a list showing the assignment of each job in the job evaluation plan to one of the rates or ranges and includes rules of administration.

Proposed Amended Rule:
1.24
'Pay plan' is the schedule of pay bands assigned to each classification in the classified service.

Explanation: This amendment is a simplification of the language.

 

Current Rule:
1.25
'Position' means any office and any employment in the Classified Service. 'Position' for job evaluation and pay purposes means a collection of duties and responsibilities assigned to an individual employee. Multiple positions may constitute a job.

Proposed Amended Rule:
1.25
'Position' means a set of duties requiring the services of one employee.

Explanation: This amendment is a simplification of the language.

 

Current Rule:
1.27
'Promotion’ means a change of a permanent employee from a position in one job to a position in another job which is assigned to a pay grade with a higher maximum.

Proposed Amended Rule:
1.27
'Promotion' means a change to a different position allocated to a higher job.

Explanation: This amendment is a simplification of the language.

 

Current Rule:
1.33
'Reassignment' means the change within the same department of a probationary or permanent employee from a position in one job to another position in a different job, both jobs of which have the same maximum rate of pay.

Proposed Amended Rule:
1.33
'Reassignment' means a change within the same department from a position in one job to a different position in an equivalent job.

Explanation: This amendment is a simplification of the language.

 

Current Rule:
1.33.01
'Red Circle Rate' means an individual pay rate, excluding those that fall within the base supplement authorized for a position, that is above the maximum of a pay range for a grade; or, only under conditions as specified in Rule 6.15(d), an individual pay rate that is above the base supplement authorized for a position.

Proposed Amended Rule:
1.33.01
'Red Circle Rate' is an authorized pay rate that exceeds the maximum of the band or band extension.

Explanation: This amendment is a simplification of the language.

 

REPEAL the following definitions  

1.1.1 'Acceptable Rating' means a performance appraisal rating of either "Achieves Results Expected", "Exceeds Results Expected" or "Outstanding". (REPEAL)

Explanation: This terminology is no longer used.

 

1.5.02 'Base Supplement' means additional pay above the range maximum, when authorized by the Commission and approved by the Governor under limiting factors (e.g., by job titles, geographic areas, organizations, etc.) it deems appropriate when market and employment conditions require such supplement in order to maintain competent and experienced staff, which is treated as a part of base pay. (REPEAL)

Explanation: Replace with 1.2.1, Band Extension.

 

1.6 'Class', for the purpose of these Rules, means the same as 'Job'. (See Rule 1.17.1.1) (REPEAL)

Explanation: Replace with 1.17.1.1, Job or Job Title.

 

1.6.1 'Classification Plan' means the hierarchical structure of jobs, arranged in pay grades according to job evaluation results. (REPEAL)

Explanation: This terminology is no longer used.

 

1.14.2 'Efficiency Rating' means the official overall rating assigned to an employee in accordance with Chapter 10 of these rules. (REPEAL)

Explanation: Replaced previously with 1.24.01, 'Performance Appraisal Rating' - the overall rating of an employee, made in accordance with the performance appraisal system established by these Rules.

 

1.15.2.2 'Hiring Rate' means the beginning rate at which persons are hired into a job. (REPEAL)

Explanation: This terminology is no longer used; part of Ch.19 that dealt with movement from the wage grade to the general schedule.

 

1.15.2.3 'Individual Pay Rate' means the rate of pay assigned to a given individual. Individual pay rates may vary on the same job as a function of base supplement, of service in grade, performance or some other basis for establishing variation. (REPEAL) 

Explanation: This terminology is no longer used; part of Ch.19 that dealt with movement from the wage grade to the general schedule.

 

1.20.002 'Merit Increase' means an adjustment to individual pay rate based on performance, or some other individual equity basis. (REPEAL)

Explanation: Replaced with 1.24.004, Performance Adjustment.

 

1.20.04 'Minimum' means the interim minimum of a pay range, as stipulated in Chapter 19 until such minimum no longer exists. (REPEAL)

Explanation: This terminology is no longer used; part of Ch.19 that dealt with movement from the wage grade to the general schedule.

 

1.24.001 'Pay Range' means the range of pay rates from minimum to maximum set for a pay grade. (REPEAL)

Explanation: Replaced with 1.23.1, Pay Band.

 

1.41.1 'Unacceptable Rating' means a performance appraisal rating of either "Needs Improvement" or "Unsatisfactory".

Explanation: This terminology is no longer used.