60L-32.007: Selected Exempt Service Extraordinary Payment Plan
PURPOSE AND EFFECT: To allow excluded Selected Exempt employees to be eligible to receive extraordinary compensation; sets forth the eligibility requirements and procedures for such payments; allows the agency/department head the discretion to create and activate an agency-wide extraordinary payment plan.
SUBJECT AREA TO BE ADDRESSED: Rules for the compensation of Selected Exempt Employees who are directed to work hours in excess of their contracted hours during extraordinary circumstances.
SPECIFIC AUTHORITY: 110.1055, 110.201(1) 110.602, 110.605(1), (2) FS.
LAW IMPLEMENTED: 110.201, 110.603 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Friday, October 10, 2008, 10:00 a.m.
PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Phil Spooner at phil.spooner@dms.myflorida.com or (850)488-2445. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Phil Spooner, Workforce Design and Compensation Manager, Department of Management Services, 4050 Esplanade Way, Tallahassee, Florida 32399
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
60L-32.007 Selected Exempt Service Extraordinary Payment Plan.
Notwithstanding the provisions of subsection 60L-34.0031(3), F.A.C., an agency/department may propose, for Department approval, an agency-wide plan to compensate excluded Selected Exempt Service employees who are directed to work hours in excess of the contracted hours in the regular work period due to extraordinary circumstances or critical agency/department need subject to the following:
(1) The plan must be activated in writing by the agency/ department head or designee and must document the critical agency/department need, or extraordinary circumstances which include danger or potential danger to life, physical or mental health of employees, clients, the public or other recipients of services provided by the agency which justify activation.
(2) Plan activation shall be contingent upon the availability of budget and revenue to fund the payments and shall include a beginning and ending date.
(3) Payment shall be made at the employee’s straight time hourly regular rate of pay on an hour-for-hour basis for any hours worked in excess of the contracted hours during the regular work period.
(4) A record must be maintained of all hours worked and payments made in connection with each plan activation.
Specific Authority 110.1055, 110.201(1), 110.602, 110.605(1), (2) FS. Law Implemented 110.201, 110.603 FS. History–New__________.