South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-700 - DEFINITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
The following definitions should be used in conjunction with
				  these regulations.
ACADEMIC PERSONNEL--presidents, provosts, vice-presidents,
				  deans, teaching and research staffs, and others of academic rank employed by
				  the State educational institutions of higher learning or medical institutions
				  of education and research.
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--the person who has authority and responsibility
				  for an agency.
AGENCY HIRE DATE--the date an employee begins employment with
				  an agency without any adjustments.
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.
BASE PAY--the rate of pay approved for an employee in his
				  position exclusive of any additional pay, such as supplements, bonuses,
				  longevity pay, temporary salary adjustments, shift differential pay, on-call
				  pay, call back pay, special assignment pay, or market or geographic
				  differential pay.
BASE PERIOD--the period of time that defines the regular
				  annual schedule of employment (e.g., either a semester, an academic year, or
				  ten months to 12 months).
BREAK IN SERVICE--an interruption of continuous State
				  service. An employee experiences a break in State service when the employee (1)
				  separates from State service and is paid for unused annual leave; (2) moves
				  from one State agency to another and is not employed by the receiving agency
				  within 15 calendar days following the last day worked (or approved day of leave
				  at the transferring agency); (3) remains on leave for a period of more than one
				  calendar year; (4) separates from State service as a result of a reduction in
				  force and is not recalled to the original position or reinstated with State
				  government within 12 months of the effective date of the separation; (5)
				  involuntarily separates from State service and the agency's decision is upheld
				  by the State Employee Grievance Committee or by the courts; or (6) moves from a
				  full-time equivalent (FTE) position to a temporary, temporary grant, or
				  time-limited position.
CALENDAR DAYS--the sequential days of a year. For purposes of
				  calculating time frames under the State Employee Grievance Procedure Act, the
				  time must be computed by excluding the first day and including the last. If the
				  last day falls on a Saturday, Sunday, or 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 or experience; and the knowledge, skills, and
				  abilities required that the Office of Human Resources applies the same State
				  class title and the same State salary range to each position in the
				  group.
CLASS/UNCLASSIFIED STATE TITLE CODE--the alphanumeric
				  identification assigned to a particular class or unclassified State
				  title.
CLASSIFIED POSITION--an FTE position that has been assigned
				  to a class.
CLASSIFIED SERVICE--all of those positions in State service
				  which are subject to the position classification plan.
CLASS SERIES--a group of classes which are sufficiently
				  similar in kind of work performed to warrant similar class titles, but
				  sufficiently different in level of responsibilities to warrant different pay
				  bands.
CLASS SPECIFICATION--the official description approved by the
				  Office of Human Resources providing examples of the kind of work and level of
				  responsibility normally assigned to positions that may be allocated to the
				  class.
CLASS TITLE--the name assigned to a class by the Office of
				  Human Resources.
CLASS/UNCLASSIFIED STATE TITLE DATE--the date an employee
				  enters his current class or unclassified State title.
COMPENSATION--monetary payment for services rendered.
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.
CONTINUOUS STATE SERVICE--service with one or more State
				  agencies without a break in service.
CONTINUOUS STATE SERVICE DATE--the date that reflects the
				  first date of State employment without a break in service.
COVERED EMPLOYEE--a full-time or part-time employee occupying
				  a part or all of an 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 academic year except for faculty at State technical colleges
				  upon the completion of not more than two full academic years' duration. If an
				  employee does not receive an evaluation before the performance 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--an agreement by which an employee within an
				  FTE position with an employing agency accepts temporary, part-time employment
				  with the same or another agency.
EMPLOYEE--any person in the service of an agency who receives
				  compensation from the agency and where the agency has the right to control and
				  direct the employee in how the work is performed.
EMPLOYING AGENCY--the agency 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 numerical value expressing a
				  percentage of time in hours and of funds related to a particular position
				  authorized by the General Assembly.
GRIEVANCE--a complaint filed by a covered employee or the
				  employee's representative regarding an adverse employment action taken by an
				  agency designated in Section
				  8-17-330
				  of the South Carolina Code of Laws.
HOLIDAY--any holiday recognized by State law or enumerated in
				  Section
				  53-5-10
				  of the South Carolina Code of Laws.
HOLIDAY COMPENSATORY TIME--leave time earned by an employee
				  for work performed on a holiday.
IN-BAND INCREASE--a salary increase which is awarded within
				  the pay band assigned to the employee's class.
INITIAL EMPLOYMENT--the employment of a person newly hired
				  into State government in a classified or unclassified FTE position.
INSTRUCTIONAL PERSONNEL--for purposes of the State Employee
				  Grievance Procedure Act, employees of an agency that has primarily an
				  educational mission, excluding the State technical colleges and excluding those
				  employees exempted in Section
				  8-17-370(10)
				  of the South Carolina Code of Laws, who work an academic year.
INVOLUNTARY REASSIGNMENT--the movement of an employee's
				  principal place of employment in excess of 30 miles from the prior workstation
				  at the initiative of the agency. The reassignment of an employee by an agency
				  in excess of 30 miles from the prior workstation to the nearest facility with
				  an available position having the same State salary range for which the employee
				  is qualified is not considered involuntary reassignment.
LEAVE ACCRUAL DATE--the date used to calculate an employee's
				  rate of annual leave earnings, which includes: (1) all State service in an FTE
				  position, including part-time service, adjusted to reflect periods where there
				  was a break in service; and, (2) all service as a certified employee in a
				  permanent position of a school district of this State.
LEAVE DONOR--an employee of an employing agency whose
				  voluntary written request for donation of sick or annual leave to the pool
				  leave account of his employing agency is granted.
LEAVE RECIPIENT--an employee of an employing agency who has a
				  personal emergency and is selected and approved to receive sick or annual leave
				  from the pool leave account of his employing agency.
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 (OHR)--the central State human
				  resources entity under the Budget and Control Board.
PAY BAND--for classified positions, the dollar amount between
				  the minimum and maximum rates of pay to which a class is assigned by
				  OHR.
PERFORMANCE REVIEW DATE--the first day which marks the
				  beginning of a new performance review period.
PERMANENT STATUS--the status attained by an employee upon
				  completion of a probationary or trial period in a class or an unclassified
				  State title.
PERSONAL EMERGENCY--a catastrophic and debilitating medical
				  situation, severely complicated disability, severe accident case, family
				  medical emergency, or other hardship situation that is likely to require an
				  employee's absence from duty for a prolonged period of time and to result in a
				  substantial loss of income to the employee because of the unavailability of
				  paid leave.
POSITION--those duties and responsibilities constituting a
				  single job.
POSITION NUMBER--a unique number assigned to an FTE position
				  by OHR.
PROBATIONARY STATUS--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 FTE position in the initial working test period
				  of employment with the State of 12 months' duration for non-instructional
				  personnel, of the academic year duration for instructional personnel except for
				  those at State technical colleges, or of not more than 2 full academic years'
				  duration for faculty at State technical colleges. An employee who receives an
				  unsatisfactory performance evaluation during the probationary period must be
				  terminated before becoming a covered employee.
PROBATIONARY PERIOD--an initial working test period of
				  employment in an FTE position with the State of not more than 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 2 full academic years' duration for faculty at State technical
				  colleges. An employee who receives an unsatisfactory performance evaluation
				  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--for classified employees, the
				  assignment of a position in one class to a different class with a lower pay
				  band with the sole purpose to penalize the covered employee.
REALLOCATION--for classified positions, the assignment of all
				  positions in a class 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--for classified positions, 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--the procedure used by an agency to
				  eliminate or reduce a portion of one or more filled FTE positions in one or
				  more organizational units within the agency due to budgetary limitations,
				  shortage of work, organizational changes or outsourcing/privatization.
REEMPLOYMENT--the employment of a person following a break in
				  service in an FTE position.
REINSTATEMENT--the return of an employee to State service
				  without a break in service. Examples include return resulting from: (1) the
				  Reduction in Force procedure; (2) the reversal of a termination under the State
				  Employee Grievance Procedure Act; (3) the settlement of a complaint negotiated
				  under an authorized administrative agency; or, (4) the order of a court.
REQUESTING AGENCY--for dual employment purposes, the agency
				  engaging the services of and compensating any employee for services which are
				  clearly not a part of the employee's regular job.
RESIGNATION--written or oral notification by an employee of
				  his relinquishment of employment.
SEPARATION--action initiated by either the agency or employee
				  which ends the employment relationship.
SHIFT DIFFERENTIAL--the additional amount of pay awarded to
				  employees who are assigned to an evening, night, weekend, rotating, or
				  split-shift.
SLOT NUMBER--the number used to identify individual positions
				  in a class or unclassified State title within an agency.
STATE EMPLOYEE GRIEVANCE COMMITTEE--the committee composed of
				  State employees who are appointed by the Budget and Control Board and who
				  conduct hearings involving appeals filed by covered employees.
STATE HIRE DATE--the first date of State employment adjusted
				  to reflect periods of authorized leave without pay of over 30 consecutive work
				  days in any one calendar year and periods when there were breaks in
				  service.
STATE HUMAN RESOURCES DIRECTOR--the head of the Office of
				  Human Resources of the State Budget and Control Board, or his designee who is
				  responsible for statewide coordination of human resources programs.
STATE SALARY RANGE--the dollar amount between the minimum and
				  maximum rates of pay as established by OHR.
STATE SERVICE TIME--the total employment time defined in
				  years, months, and days in which an employee has occupied an 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
				  evaluations.
SUPPLEMENT--any compensation, excluding travel reimbursement,
				  from an affiliated public charity, foundation, clinical faculty practice plan,
				  or other public source or any supplement from a private source to the salary
				  appropriated for a State employee and fixed by the State.
SUSPENSION--an enforced leave of absence without pay pending
				  investigation of charges against an employee or for disciplinary
				  purposes.
TEACHERS--individuals employed in instructional positions for
				  which certification is required.
TEMPORARY EMPLOYEE--a full-time or part-time employee who
				  does not occupy an FTE position, whose employment is not to exceed one year,
				  and who is not a covered employee.
TEMPORARY GRANT EMPLOYEE--a full-time or part-time employee
				  who does not occupy an FTE position and is hired to fill a position specified
				  in and funded by a federal grant, public charity grant, private foundation
				  grant, or research grant and who is not a covered employee.
TEMPORARY POSITION--a full-time or part-time non-FTE position
				  created for a period of time not to exceed one year.
TEMPORARY SALARY ADJUSTMENT--compensation not included in an
				  employee's base salary that is awarded for a limited period of time.
TERMINATION--for purposes of the State Employee Grievance
				  Procedure Act, the action taken by an agency against an employee to separate
				  the employee involuntarily from employment.
TIME-LIMITED PROJECT EMPLOYEE--a full-time or part-time
				  employee who does not occupy an FTE position who is hired to fill a position
				  with time-limited project funding approved or authorized by the appropriate
				  State authority, and who is not a covered employee.
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--the initial working test period of six months
				  required of a covered employee upon movement to any class or an unclassified
				  State title in which the employee has not held permanent status.
TRIAL STATUS--the status of a full-time or part-time covered
				  employee who is in the initial working test period of six months following the
				  movement of the employee or the employee's position to any class or
				  unclassified State title in which the employee has not held permanent
				  status.
UNCLASSIFIED POSITION--an FTE position that has been assigned
				  to an unclassified State title.
UNCLASSIFIED SERVICE--all those positions in the State
				  service which are not subject to the position classification plan.
UNCLASSIFIED STATE TITLE--the name assigned to an
				  unclassified position or to a group of similar positions by the Office of Human
				  Resources.
WORKDAY (AVERAGE)--the number of hours upon which leave and
				  holidays are based. To determine the number of hours in an average workday,
				  divide the total number of hours an employee is regularly scheduled to work
				  during a week by five (regardless of the number of days the employee actually
				  reports to work).