reglab/statecodes huggingface dataset:
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 19-705.01 - STATEMENTS OF POLICY

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Budget
				and Control Board designates the State Human Resources Director to administer
				all Budget and Control Board policies and procedures relating to the Pay
				Plan.
B. The Office of Human
				Resources (OHR) shall establish and maintain a Pay Plan to consist of (1) the
				official classification listing, (2) the official pay bands, and (3) the
				regulations and procedures governing the administration of the Pay
				Plan.
C. In an agency whose agency
				head is reviewed by the Agency Head Salary Commission, no employee may receive
				a salary in excess of 95% of the midpoint of the agency head's salary range or
				the agency head's actual salary, whichever is greater, except on approval of
				the Budget and Control Board. Higher education technical colleges, colleges,
				and universities shall be exempt from this requirement.
D. The Office of Human Resources is
				authorized to delegate to agencies by written agreement pay programs that are
				described in this regulation. Agencies with a delegation agreement shall comply
				with all State and federal laws and regulations, Budget and Control Board
				policies and guidelines, and the provisions contained in the delegation
				agreement. The delegation agreement shall constitute a contractual relationship
				between OHR and the requesting agency and may be terminated or altered at the
				discretion of OHR.
E. When an
				employee moves from an unclassified position to a classified position, the
				employee's pay will be governed by the classified pay plan.
F. An agency requests for or implementation
				of an increase in salary shall be requested or implemented when sufficient
				funds are available. The State Human Resources Director may require submission
				of appropriate documentation attesting to the availability of
				funding.
G. The South Carolina
				Constitution prohibits an agency from granting extra compensation, fee, or
				allowance to any public officer, agent, servant, or contractor after services
				rendered, or contract made, nor authorize payment or part payment of any claim
				under any contract not authorized by law.
H. An agency shall maintain documentation
				appropriate for the administration of this regulation.
I. Prior to implementation, agencies shall
				develop any written policies described in these regulations to govern the
				administration of salary increases and decreases.
J. The State Human Resources Director shall
				have the authority to make exceptions to Regulation
				19-705.
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 19-705.02 - ADMINISTRATION OF THE PAY PLAN

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				Office of Human Resources periodically shall conduct studies for the purpose of
				making recommendations that will maintain a competitive Pay Plan.
B. An employee shall be paid within the pay
				bands in accordance with the provisions of this regulation.
C. An employee shall not be paid in excess of
				the maximum of the pay band for a class, unless such payment is authorized by
				this regulation.
D. Any pay action
				which requires approval from OHR must receive such approval prior to an agency
				effecting the action.
E. Prior to
				submission to OHR for approval, the agency human resources shall review all
				proposed pay changes to determine that they are in compliance with the
				provisions of this regulation.
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 19-705.03 - HIRING SALARIES

Current through Register Vol. 48, No. 6, June 28, 2024
A. Hiring at
				the Minimum--An employee must be paid at least the minimum of the pay band for
				the class to which hired.
B. Hiring
				Above the Minimum
1. Exceptional
				Qualifications--If an individual is exceptionally qualified for the position,
				OHR may authorize a salary for the individual at a rate above the minimum of
				the pay band for the class based on written justification submitted by the
				agency.
2. Special Hire Rate--Based
				on written justification submitted by the agency, the Office of Human Resources
				may approve a special hire rate when experience has shown that recruitment of
				qualified applicants for selected positions in a class has not been possible at
				the minimum of the pay band.
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 19-705.06 - SPECIAL SALARY ADJUSTMENTS

Current through Register Vol. 48, No. 6, June 28, 2024
The State Human Resources Director is authorized to approve
				  pay actions outside the provisions of Regulations
				  19-705.04 and
				  19-705.05 if circumstances warrant such approval.
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 19-705.07 - COMPENSATION NOT INCLUDED IN BASE SALARY

Current through Register Vol. 48, No. 6, June 28, 2024
A. Temporary Salary Adjustment--The Office of
				Human Resources is authorized to approve a temporary salary adjustment for an
				employee in a full-time equivalent (FTE) position if circumstances warrant such
				approval. The temporary salary adjustment must be removed when the
				circumstances that warranted such an increase are no longer present.
B. Shift Differential Pay--The Office of
				Human Resources may approve the additional payment of a shift differential for
				classifications of employees in the entire agency or any portion of the agency
				assigned to an evening, night, weekend, rotating, or split shift. To qualify
				the shift for approval, the majority of hours of the shift must be outside the
				hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The employee's pay
				shall be adjusted by the amount approved, even if such amount increases the
				employee's salary above the maximum of the pay band for the class.
C. On-Call Pay--On-call pay is pay by the
				employing agency for classifications of employees in the entire agency or any
				portion of the agency to remain available to return to work within a specified
				period of time. The Office of Human Resources must approve on-call pay for
				employees.
D. Call Back Pay--Call
				back pay is pay by the employing agency for an employee to report to work
				either before or after normal duty hours to perform emergency services. Each
				agency shall determine which groups of employees shall be subject to call back.
				Nonexempt employees shall be compensated for hours worked as a result of a call
				back at their regular hourly rate plus any shift differential for which they
				might be eligible and such time shall be counted in computing any overtime that
				may be due. When an employee to be called back for emergency services which
				require less than two hours on the job, or when no work is available when he
				reports, the employee shall be compensated a minimum of two hours. An employee
				shall not receive call back pay if:
1. The
				call back has been canceled and the employee received notice in advance not to
				report to work; or
2. The employee
				refuses alternate work that is offered upon reporting to work.
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 19-705.08 - EFFECTIVE DATES OF SALARY CHANGES

Current through Register Vol. 48, No. 6, June 28, 2024
A. The effective date of all salary changes
				provided in this regulation shall be no earlier than the date the action is
				approved by the appropriate authority.
B. Retroactivity
Agencies must comply with Article III, Section 30 of the
				  South Carolina Constitution regarding retroactivity.
C. Concurrent Increases
1. When general increases and other salary
				increases are awarded on the same date, the general increase shall be applied
				prior to any other salary increases.
2. When performance pay increases under
				Section
				8-11-940 of
				the South Carolina Code of Laws and salary increases other than general
				increases are awarded on the same date, the performance pay increases shall be
				applied prior to any other salary increases.
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 19-706 - ESTABLISHMENT OF UNCLASSIFIED POSITIONS AND THE UNCLASSIFIED EMPLOYEE PAY PLAN

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the establishment, maintenance, and
				  administration of the Unclassified Pay Plan applicable to all unclassified
				  positions, except athletics coaches and unclassified employees in the athletics
				  department of post secondary educational institutions as defined in Section
				  59-107-10
				  of the South Carolina Code of Laws except the technical education
				  colleges.
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 19-706.01 - CATEGORIES OF UNCLASSIFIED POSITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
A. An unclassified position is a full-time
				equivalent (FTE) position that has been assigned to an unclassified State title
				and falls under one of the following categories: (1) agency head covered by the
				Agency Head Salary Commission, (2) Executive Compensation System, (3) academic
				personnel, or (4) unclassified other.
B. The compensation of agency heads covered
				by the Agency Head Salary Commission is addressed in Regulation 19-706.04
				A.
C. The compensation of employees
				in positions covered by the Executive Compensation System is governed by
				Regulation 19-706.04 B.
D. Academic
				personnel are defined by Section
				8-11-220 of the South
				Carolina Code of Laws as "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." The compensation of employees in positions in the
				category of academic personnel is governed by Regulation Regulation
				19-706.04
				C. Presidents who are covered by the Agency Head Salary Commission are not
				subject to the regulations pertaining to academic personnel.
E. Positions in the category of Unclassified
				Other include:
1. Agency heads not covered by
				the Agency Head Salary Commission;
2. Designated staff of the Governor's
				office;
3. Teachers;
4. Such other personnel employed by the
				institutions of higher learning and/or medical institutions of education and
				research as are recommended by the respective governing bodies and approved by
				the Budget and Control Board;
5.
				Other positions as the General Assembly may elect to exempt.
The compensation of employees in positions in the category of
				  Unclassified Other is governed by Regulation 19-706.04 D.
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 19-706.03 - ADMINISTRATION OF THE PAY PLAN

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				Office of Human Resources will coordinate with agencies to develop, implement,
				and maintain unclassified State titles which appropriately identify and
				distinguish between unclassified positions.
B. An unclassified position should be
				authorized by the General Assembly and established by OHR. When establishing an
				unclassified position, OHR assigns a position number, unclassified State title
				and code, slot number, and State salary range, if applicable.
C. The Office of Human Resources has the
				authority to designate a classified position as unclassified for purposes of
				initially placing positions in the Executive Compensation System.
D. The Office of Human Resources may, as
				appropriate, conduct studies of unclassified positions with State salary ranges
				for the purpose of making recommendations that will maintain a competitive pay
				plan.
E. The State Human Resources
				Director is authorized to approve pay actions outside the provisions of
				Regulation Regulation
				19-706
				for employees other than agency heads if circumstances warrant such
				approval.
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 19-706.04 - HIRING SALARIES, SALARY INCREASES, AND SALARY DECREASES FOR EMPLOYEES IN UNCLASSIFIED POSITIONS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Agency Heads
				Covered by the Agency Head Salary Commission
The compensation of agency heads covered by the Agency Head
				  Salary Commission is governed by the Commission and the Budget and Control
				  Board.
B. Executive
				Compensation System
1. Hiring Salaries for
				Employees in the Executive Compensation System
a. Hiring at the Minimum--An employee must be
				paid at least the minimum of the State salary range for the position.
b. Hiring Above the Minimum--An employee may
				be hired at a salary up to the midpoint of the State salary range for the
				position if circumstances warrant such approval. The Budget and Control Board
				may authorize payment of a salary above the midpoint of the State salary range
				for the position based on written justification submitted by the
				agency.
c. Entry into the Executive
				Compensation System--Upon movement into the new position, the employee is
				eligible for up to a 15% salary increase or up to the midpoint of the State
				salary range for the new position, whichever is greater. Such increase shall
				not place the employee's salary above the maximum of the new State salary
				range. The Budget and Control Board may authorize exceptions based on written
				justification submitted by the agency.
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 19-706.05 - COMPENSATION NOT INCLUDED IN BASE SALARY

Current through Register Vol. 48, No. 6, June 28, 2024
A. Temporary Salary Adjustment--The Office of
				Human Resources is authorized to approve a temporary salary adjustment for an
				employee in an FTE position if circumstances warrant such approval. The
				temporary salary adjustment must be removed when the circumstances that
				warranted such an increase are no longer present.
B. Bonuses--The General Assembly has
				authorized various programs through which agencies may award bonuses to
				employees. Agencies shall comply with guidelines established by the Budget and
				Control Board in the administration of bonus programs.
C. Grant Salary Adjustment--The Office of
				Human Resources is authorized to approve a grant salary adjustment for an
				employee in an FTE position if circumstances warrant such approval. The grant
				salary adjustment must be removed when the circumstances that warranted such an
				increase are no longer present.
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 19-706.06 - EFFECTIVE DATES OF SALARY CHANGES

Current through Register Vol. 48, No. 6, June 28, 2024
A. The effective date of all salary changes
				provided in Regulations
				19-706.04
				and 19-706.05 shall be no earlier than the date the action is approved by the
				appropriate authority.
B.
				Retroactivity
Agencies must comply with constitutional provisions regarding
				  retroactivity.
C.
				Concurrent Increases
When general increases and other salary increases are awarded
				  on the same date, the general increase shall be applied prior to any other
				  salary increases.
D.
				Budgetary Limitations
In the case of budgetary limitations, OHR may approve
				  exceptions to those salary increases that require approval by OHR regarding the
				  effective date of salary increases based on written justification provided by
				  the agency. Agencies should document internally the need to make exceptions
				  regarding the effective date of salary increases for those increases for which
				  they have approval authority.
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 19-707 - HOURS OF WORK AND OVERTIME

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the hours of work and overtime
				  policies for employees.
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 19-707.01 - HOURS OF WORK

Current through Register Vol. 48, No. 6, June 28, 2024
A. No agency shall
				have less than a 37.5-hour workweek. Generally, the core hours that an agency
				shall remain open for business are 8:30 a.m. to 5:00 p.m., Monday through
				Friday.
B. The minimum full-time
				workweek for employees of agencies is 37.5 hours. The agency may vary an
				employee's work schedule through the use of alternative scheduling strategies
				including telecommuting to meet the needs and service delivery requirements of
				the agency.
C. The agency may
				require an employee to work additional hours when responsibilities of the
				agency cannot be accomplished in the normal work hours observed by the
				agency.
D. Each agency is required
				to keep an accurate record of all employee's scheduled hours of work and leave
				taken. Leave shall be recorded in the appropriate categories and shown as
				either leave with or without pay. The agency head has the ultimate
				responsibility for the accuracy and proper maintenance of hours of work and
				leave records.
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 19-707.02 - OVERTIME-COMPENSATORY TIME

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Office of
				Human Resources (OHR) develops an overtime model policy to assist an agency in
				its policy development. The Office of Human Resources must review and approve
				each agency's overtime policy.
B.
				Each agency shall develop an overtime policy and establish procedures that will
				ensure compliance with federal and state laws, including the Fair Labor
				Standards Act (FLSA).
C. By
				interpretation of the United States Department of Labor, the State is
				considered to be one employer for the purposes of applying FLSA.
D. For overtime purposes the two categories
				of employees are: (a) nonexempt (overtime provisions of FLSA do apply) and (b)
				exempt (overtime provisions of FLSA do not apply). The exempt or nonexempt
				status of any employee must be determined by the agency based on the provisions
				of FLSA. It is the responsibility of the agency head or his designee to
				determine whether an exemption is applicable to a particular
				employee.
E. Workweek is seven
				consecutive 24-hour periods, i.e., 168 consecutive hours designated by the
				employing agency.
Exception--In the case of law enforcement personnel or fire
				  protection and emergency medical personnel, these categories of employees have
				  work schedules up to 28 consecutive 24-hour periods, i.e., 672 consecutive
				  hours designated by the employing agency.
F. Hours worked are all hours that an
				employee is permitted to work for the employing agency. Hours worked include
				time during which an employee is necessarily required to be on the employing
				agency's premises, on duty, or at a prescribed work place. Hours worked do not
				include leave with or without pay or holidays when an employee does not
				actually work.
G. Overtime is
				actual hours worked in excess of 40 hours in a given seven consecutive day
				period as determined by the employing agency. The Fair Labor Standards Act
				contains special provisions for determining when overtime is earned by
				employees in certain job categories. These categories include:
1. Fire protection and emergency medical
				personnel;
2. Law enforcement
				(including security personnel in correctional institutions);
3. Hospitals or institutions primarily
				engaged in the care of the sick, the aged, the mentally ill, or the disabled
				that reside on the premises; and
4.
				Employees who are compensated for overtime using the fluctuating workweek
				method of payment for overtime as defined by FLSA which must be approved by OHR
				prior to implementation.
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 19-708 - HOLIDAYS

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the observance of holidays by
				  employees in full-time equivalent (FTE) positions.
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 19-708.01 - ELIGIBILITY

Current through Register Vol. 48, No. 6, June 28, 2024
All employees in FTE positions shall be allowed to observe
				  with pay those holidays listed in Regulation 19-708.02.
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 19-708.02 - LEGAL HOLIDAYS

Current through Register Vol. 48, No. 6, June 28, 2024
State Holidays
New Year's Day
January 1
Martin Luther King, Jr. Day
Third Monday in January
George Washington's Birthday/President's
								Day
Third Monday in February
Confederate Memorial Day
May 10
National Memorial Day
Last Monday in May
Independence Day
July 4
Labor Day
First Monday in September
Veterans Day
November 11
Thanksgiving Day
Fourth Thursday in November
Day after Thanksgiving
Friday Following Thanksgiving
Christmas Eve
December 24
Christmas Day
December 25
Day after Christmas
December 26
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 19-708.03 - HOLIDAY OBSERVANCE PROCEDURE

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Holidays are to be taken on the prescribed day unless the agency requires the
				employee to work. The agency shall give employees who must work on holidays
				prior notice if possible.
B. When a
				holiday falls on a Saturday or Sunday, it shall be observed on the preceding
				Friday or the following Monday, respectively, by employees working a Monday
				through Friday schedule. Employees shall observe the holiday on the designated
				day or receive holiday compensatory time.
C. Employees in FTE positions who do not work
				a normal Monday through Friday workweek shall receive no more nor any fewer
				number of holidays than those employees who work the normal Monday through
				Friday workweek.
D. The length of
				an employee's holiday is computed based on the number of hours in the
				employee's average workday. To determine the number of hours in a holiday,
				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).
E. When a holiday
				falls during a period of leave with pay, that day will be counted as a holiday,
				not as a day of leave.
F. Employees
				who are on leave without pay the day before a holiday shall not be paid or
				receive holiday compensatory time for holidays falling during this period of
				leave without pay.
G. The holiday
				schedules of public colleges and universities, including technical colleges,
				shall not be in violation of this regulation so long as the number of holidays
				provided in this regulation are not exceeded.
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 19-708.04 - HOLIDAY COMPENSATORY TIME

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				An employee, except an employee of an agency following an academic schedule,
				who is required by the agency to work on a holiday shall be given holiday
				compensatory time at the convenience of the agency within 90 days of such
				holiday.
B. An employee of an
				agency which follows an academic schedule who is required by the agency to work
				on a holiday shall be given holiday compensatory time at the convenience of the
				agency within one year from the date of the holiday.
C. An employee who must work a portion of the
				holiday due to a shift that begins on one day and ends on another shall be
				granted holiday compensatory time equal to all hours worked on the
				holiday.
D. All nonexempt employees
				who are not allowed to take holiday compensatory time earned for working on a
				holiday within the 90-day period, or the one-year period in the case of
				employees who follow academic schedules, shall be compensated for the holiday
				by the employing agency at the straight hourly pay rate of the employee. Exempt
				employees shall not be paid for unused holiday compensatory time. An agency
				head or designee may extend the 90-day period for an additional 90 days because
				of limited staffing.
E. All
				nonexempt employees shall be compensated for all holiday compensatory time upon
				separation from employment. Exempt employees shall not be paid for unused
				holiday compensatory time upon separation of employment.
F. Holiday Compensatory Time Records
Records shall be maintained for all employees who receive
				  holiday compensatory time. Information contained in the record must
				  include:
1. Compensatory time earned
				and used in terms of hours; and
2.
				The number of hours per week the employee is normally scheduled to work and the
				employee's average workday.
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 19-709 - ANNUAL LEAVE

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the annual leave policies for
				  employees in full-time equivalent (FTE) positions.
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 19-709.01 - ELIGIBILITY

Current through Register Vol. 48, No. 6, June 28, 2024
A. Annual leave
				shall be earned by and granted to:
1.
				Full-time employees in FTE positions; and
2. Part-time employees in FTE positions who
				are:
a. Scheduled to work at least one-half
				the workweek of the agency on a 12 month basis; or
b. Scheduled to work the equivalent of
				one-half of the workweek during the full school or academic year of nine months
				or more.
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 19-709.02 - ANNUAL LEAVE EARNINGS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Computation
1. Employees who are in pay status one-half
				or more but not all of the workdays of the month shall earn annual leave for
				the full month. If they are in pay status for less than one-half the workdays,
				they shall earn no annual leave.
2.
				Employees shall earn annual leave while on annual leave, sick leave, or other
				authorized leave with pay. Employees shall not earn annual leave while on leave
				without pay.
3. Employees' annual
				leave earnings are computed based on the number of hours in the employee's
				workday.
4. Employees' annual leave
				earnings are based on the employee's leave accrual date. The leave accrual date
				reflects:
a. All State service in an FTE
				position, including part-time service, adjusted to reflect periods when there
				was a break in service;
b. All
				service as a certified employee in a permanent position of a school district of
				this State; and
c. At the
				discretion of the agency head or his designee, all service in any temporary
				capacity counted towards the employee's probationary period. (Refer to
				Regulation 19-704.02 D. 2.)
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 19-709.03 - USING AND SCHEDULING ANNUAL LEAVE

Current through Register Vol. 48, No. 6, June 28, 2024
A. Leave taken under this regulation may
				qualify as Family and Medical Leave Act (FMLA) leave and, if so, will run
				concurrently.
B. Scheduling Leave
1. To the degree possible, an employee's
				request for a specific period of annual leave shall be approved. Agencies may
				consider workloads and similar factors when reviewing the requests.
2. Agency approval is required for the
				specific periods the employee shall be on annual leave, to include beginning
				and ending dates and computation of total hours.
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 19-709.04 - TRANSFER FROM ONE STATE AGENCY TO ANOTHER

Current through Register Vol. 48, No. 6, June 28, 2024
A. An employee who transfers without a break
				in service from one agency to another shall transfer earned annual
				leave.
B. When a full-time employee
				transfers to an agency that has a different workday, his annual leave at the
				transferring agency shall be converted to equivalent days of annual leave at
				the receiving agency.
C. When an
				employee transfers from a position in which he earns both sick and annual leave
				to a teaching position of academic rank at a State supported institution of
				higher learning, the employee shall be paid for earned annual leave according
				to Regulation
				19-709.05.
D. When the employee with a maximum carryover
				in excess of 45 workdays transfers from one agency to another, the employee
				shall retain the higher maximum carryover at the receiving agency. If the
				employee subsequently reduces the amount of such leave carried over, the
				reduced amount, if in excess 45 workdays, shall become the employee's maximum
				carryover into future years. If the employee further reduces the amount of such
				leave carried over to 45 workdays or less, 45 days shall become the maximum
				amount of unused annual leave the employee may thereafter carryover. During the
				calendar year, the employee may earn annual leave in excess of the 45 workdays;
				however, the employee may only carryover 45 days to the next calendar
				year.
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 19-709.05 - PAYMENT UPON SEPARATION FROM EMPLOYMENT

Current through Register Vol. 48, No. 6, June 28, 2024
Upon separation from State employment, a lump sum payment
				  will be made for unused annual leave, not to exceed 45 days, unless a higher
				  maximum is authorized under Regulation Regulation
				  19-709.02
				  C., and without deducting any earned leave taken during the calendar year in
				  which the employee separates. Upon the death of an employee while in active
				  service, the estate of the deceased employee shall be entitled to the lump sum
				  payment not to exceed 45 days except as included in Section
				  8-11-610
				  of the South Carolina Code of Laws.
Exception--Refer to Regulation Regulation
				  19-719.01
				  B. 2. (Exceptions).
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 19-709.06 - RECORDS

Current through Register Vol. 48, No. 6, June 28, 2024
A. The agency shall
				maintain all annual leave records for each employee eligible for annual leave.
				Such records must include at least the following:
1. The annual leave accrual rate for each
				employee;
2. The number of annual
				leave hours earned and used during the current calendar year;
3. The number of annual leave hours carried
				forward from the previous calendar year, but not exceeding the maximum accrual
				authorized;
4. The number of hours
				in the employee's workweek and workday; and
5. The number of hours paid out upon
				separation.
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 19-710 - SICK LEAVE

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the sick leave policies for employees
				  in full-time equivalent (FTE) positions.
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 19-710.01 - ELIGIBILITY

Current through Register Vol. 48, No. 6, June 28, 2024
Sick leave shall be earned by and granted to:
A. Full-time employees in FTE positions;
				and
B. Part-time employees in FTE
				positions who are:
1. Scheduled to work at
				least one-half the workweek of the agency on a 12 month basis; or
2. Scheduled to work the equivalent of
				one-half of the workweek during the full school or academic year of nine months
				or more.
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 19-710.02 - SICK LEAVE EARNINGS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Computation
1. Employees who are in pay status for at
				least one-half or more of the workdays of the month shall earn sick leave for
				the full month. If they are in pay status for less than one-half the workdays,
				they shall earn no sick leave.
2.
				Employees shall earn sick leave while on sick leave, annual leave, or other
				authorized leave with pay. Employees shall not earn sick leave while on leave
				without pay.
3. Employees' sick
				leave earnings are computed based on the number of hours in the employee's
				workday.
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 19-710.03 - ADDITIONAL SICK LEAVE MAY BE GRANTED

Current through Register Vol. 48, No. 6, June 28, 2024
A. An agency may advance up to 15 workdays of
				additional sick leave to an employee in extenuating circumstances.
B. The agency may advance this leave only
				upon documentation from a health care provider that the employee is expected to
				return to work within that period of time.
C. Upon return to work, the employee will
				have all earned sick leave applied to the leave deficit at the rate of 1 1/4
				days per month (or if part-time, the monthly earning rate) until the deficit
				has been eliminated.
D. If an
				employee separates from employment before satisfying the leave deficit and
				returns to state employment, the leave deficit will need to be satisfied upon
				reemployment.
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 19-710.04 - USING AND SCHEDULING SICK LEAVE

Current through Register Vol. 48, No. 6, June 28, 2024
A. Leave taken under this regulation may
				qualify as Family and Medical Leave Act (FMLA) leave and, if so, will run
				concurrently.
B. Reasons an
				employee shall be allowed to use sick leave are as follows:
1. Personal illness or injury that
				incapacitates the employee to perform duties of the position;
2. Exposure to a contagious disease such that
				presence on duty could endanger the health of fellow employees;
3. Appointment for medical or dental
				examination or treatment when such appointment cannot reasonably be scheduled
				during nonwork hours;
[Note: if possible, examination appointments must be approved
				  in advance by the agency designee.]
4. Sickness during pregnancy or other
				temporary disabilities;
[Note: If possible, the date on which sick leave for
				  disability is to begin shall be at the request of the employee based on the
				  determination and advice of a health care practitioner.]
5. Treatment for alcoholism;
[Note: In accordance with Section
				  8-11-110 of the South
				  Carolina Code of Laws which recognizes alcoholism as a treatable illness, sick
				  leave will be granted for the purpose of participating in public and private
				  treatment and rehabilitation programs which have been approved by the South
				  Carolina Department of Mental Health.]
6. Caring for ill members of immediate
				family;
[Note: Employees earning sick leave as provided in Regulation
				  Regulation
				  19-710 may
				  not use more than ten days of sick leave annually to care for ill members of
				  their immediate families. For purposes of this regulation, the employee's
				  "immediate family" means the employee's spouse and children and the following
				  relations to the employee or the spouse of the employee: mother, father,
				  brother, sister, grandparent, legal guardian, and grandchildren.]
7. Caring for an adoptive child.
[Note: An adoptive parent who is employed by this State, its
				  departments, agencies, or institutions may use up to six weeks of his earned
				  sick leave to take time off for purposes of caring for the child after
				  placement. The agency shall not penalize an employee for requesting or
				  obtaining time off according to this regulation. The leave authorized by this
				  regulation may be requested by the employee only if the employee is the person
				  who is primarily responsible for furnishing the care and nurture of the
				  child.]
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 19-710.05 - TRANSFER

Current through Register Vol. 48, No. 6, June 28, 2024
A. Between State
				Agencies
An employee who transfers without a break in service from one
				  State agency to another shall transfer his earned sick leave. Any transferred
				  sick leave shall be adjusted to the scheduled workweek of the receiving agency.
				  In the case of an employee transferring from an agency under whose system the
				  employee has, prior to January 1, 1969, a maximum accumulation in excess of
				  that currently authorized by the receiving agency, the total sick leave balance
				  shall be transferred. If the employee subsequently reduces the amount of sick
				  leave carried over to 180 workdays or less, 180 workdays shall become the
				  maximum amount of unused sick leave the employee may thereafter
				  carryover.
B. Between A
				State Agency and School District
An employee of a State agency transferring to a school
				  district of the State or a school district employee transferring to a State
				  agency is permitted to transfer to and retain at his new employer all sick
				  leave he earned at his former employer regardless of his employment status at
				  the new employer.
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 19-710.06 - SEPARATION FROM EMPLOYMENT

Current through Register Vol. 48, No. 6, June 28, 2024
Upon separation from employment, an employee shall forfeit
				  all earned sick leave.
A.
				Retirement--An employee shall receive service credit for no more than 90 days
				of his unused sick leave at no cost to the employee. The leave must be credited
				at a rate where 20 days of unused sick leave equals one month of service. This
				additional service credit may not be used to qualify for retirement.
B. Reduction in Force Rights--An employee who
				is reinstated within one year of the date of separation shall have his sick
				leave restored. (Refer to Regulation 19-719.04 B. 4. d.)
C. Up to Six Month Exception to Break in
				Service--An employee who has received prior approval for an extension to the
				15-day break in service shall have his sick leave restored if transferred or
				appointed to another FTE position within the approved time period. (Refer to
				Regulation Regulation
				19-719.01
				B. 2. (Exception).)
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 19-710.07 - RECORDS

Current through Register Vol. 48, No. 6, June 28, 2024
A. The agency shall
				maintain all sick leave records for each employee eligible for sick leave. Such
				records must include at least the following:
1. The number of sick leave hours earned and
				used during the current calendar year;
2. The number of sick leave hours carried
				forward from the previous calendar year, but not exceeding the maximum accrual
				authorized; and
3. The number of
				hours in the employee's workweek and workday.
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 19-711 - LEAVE TRANSFER PROGRAM

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the manner in which employees may
				  voluntarily donate sick or annual leave into a leave transfer pool for use by
				  other employees, who have been approved as leave recipients under personal
				  emergency circumstances.
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 19-711.01 - AGENCY RESPONSIBILITY

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each
				agency shall establish two separate leave transfer pool accounts, a sick leave
				transfer pool and an annual leave transfer pool.
B. Records and Forms
Each agency shall maintain the following records:
1. Donation Request Form--The Donation
				Request Form shall include:
a. The employee's
				name;
b. The employing
				agency;
c. The employee's State
				title;
d. The employee's hourly
				rate of pay;
e. The number of
				days/hours of the leave donor's earned sick or annual leave;
f. The number of days/hours of sick or annual
				leave the employee wishes to donate to the appropriate leave transfer
				pool;
g. The date of the donation;
				and
h. The leave donor's
				signature.
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 19-711.02 - ANNUAL REPORTING

Current through Register Vol. 48, No. 6, June 28, 2024
Each agency having any donation or approved requests for
				  leave transfer in a calendar year shall submit the following information to the
				  Office of Human Resources (OHR):
A.
				Sick Leave--Total hours and cost of:
1. Sick
				leave donated;
2. Sick leave used
				by recipient(s); and
3. Sick leave
				restored, if any.
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 19-711.03 - ELIGIBILITY TO DONATE

Current through Register Vol. 48, No. 6, June 28, 2024
A. An employee
				donating sick or annual leave to either the sick or annual leave transfer pool
				must do so prior to the end of the calendar year.
B. An employee may donate no more than
				one-half of the sick or annual leave he earns within a calendar year to the
				appropriate pool leave account for that calendar year.
C. An employee's leave, once transferred to a
				pool account, must not be restored or returned to the leave donor.
D. Sick Leave--An employee with more than 15
				days in his sick leave account may transfer sick leave to the agency's sick
				leave pool if he retains a minimum of 15 days in his own sick leave account. An
				employee with less than 15 days in his sick leave account may not transfer any
				sick leave to the agency's sick leave pool.
E. Annual Leave--An employee may voluntarily
				request by completing the employing agency's Donation Request Form, that a
				specified number of hours of his earned annual leave be transferred from his
				annual leave account to his employing agency's annual leave transfer
				pool.
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 19-711.04 - REQUEST FOR LEAVE

Current through Register Vol. 48, No. 6, June 28, 2024
An employee with a personal emergency may request sick or
				  annual leave from the appropriate pool account by completing the employing
				  agency's Recipient Request Form. While there is no limit to the number of
				  separate requests that an employee may submit to the employing agency, each
				  separate request shall be limited to no more than 30
				  workdays.