April 22, 2009
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| TO: |
ALL APPOINTING AUTHORITIES,
HUMAN RESOURCES OFFICERS, AND RECOGNIZED EMPLOYEE ORGANIZATIONS
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| FROM: |
JEREMY S. STEPHENS,
STATE PERSONNEL DIRECTOR
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| SUBJECT: |
PROPOSED RULE AMENDMENTS
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The following amendments to the Civil Service Rules are being proposed for consideration at the Civil Service Commission meeting on May 20, 2009.
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| 1. |
Out-of-state Auditor's Premium Pay
Currently, auditors in the Department of Treasury whose residence and work location are outside of Michigan are paid a 20 percent pay premium. The Department of Treasury has requested that the 20 percent pay premium also be paid to in-state auditors who are assigned to audit out-of-state taxpayers for those hours worked out-of-state. The Department of Treasury believes that the premium will yield overall cost savings by eliminating the need for another, more expensive, out-of-state office and address staff recruitment and retention issues.
Staff has drafted the attached amendments to Rule 5-6.4 [Premium for Department of Treasury Auditors Working and Residing out of State]. If approved, these amendments would authorize the changes requested by the Department of Treasury.
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| 2. |
Annual Leave
Currently, a newly-hired employee is granted 16 hours of annual leave that can be used immediately and also begins to accrue annual leave of 4 hours per pay period. However, the employee cannot use the accruing annual leave until the employee has completed 720 hours (18 weeks) of employment.
A recommendation has been received that Rule 5-10 be amended to delete the 720 hour waiting period and permit newly-hired employees to use annual leave as it accrues.
Staff has drafted the attached amendment to Rule 5-10.2 [Paid Leave]. If approved, the amendment would delete the 720-hour waiting period and permit newly-hired employees to immediately use annual leave credits as they accrue.
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| 3. |
Back-pay Awards
Currently, no rule or regulation addresses back-pay awards. In a recent case, MDOC v Ybarra, CSC 2009-005, the Commission approved the inclusion of lost overtime pay premium in a back-pay award. The Commission noted that there was no rule or regulation that addressed overtime and asked staff to review how back-pay awards are generally computed and what pay premiums are and should be included.
Staff has prepared the attached amendments to Rule 8-2.4 [Civil Service Grievance Appeal Procedures]. If approved, the amendments would restore the pre-Ybarra status in which overtime was not included in back-pay awards and would prohibit inclusion of overtime in future back-pay awards.
In addition, the amendments address a variety of related factors but retain the current practices. The amendments:
- detail which premiums may be included (shift differential and prison employee premiums) and which other premiums cannot be included (on-call, callback, explosives duty, out-of-state location, and emergency response.)
- specify the deductions from back-pay awards (e.g., workers' compensation.)
- authorize a hearing officer to award lost sick and annual leave credits, longevity pay, and seniority credits.
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| Comments regarding the proposed amendments may be addressed to Janet McClelland, Chief Deputy Director, Civil Service Commission, P.O. Box 30002, Lansing, Michigan, 48909, or e mail at McClellandJ@michigan.gov.
Comments must be received by Wednesday, May 6, 2009.
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