S.C. Code Regs. § 19-713.01

Current through Register Vol. 48, No. 5, May 24, 2024

Section 19-713.01 - STATEMENTS OF POLICY

A. General Provisions

1. In accordance with this regulation, agencies may develop internal dual employment policies.

2. Dual employment shall be limited in duration to the specific time frame approved which cannot exceed 12 months.

3. The practice of dual employment should not be used to provide higher continuing salaries than those approved by the Budget and Control Board. An employee engaged in dual employment shall satisfy the requirements of the established hours of work for the employing agency.

4. No agency head may be dually employed by another agency or institution of higher education without prior approval by the Agency Head Salary Commission and the Budget and Control Board.

B. Approval of Dual Employment

1. The agency heads or their designees of the employing and requesting agencies, or the agency head or his designee when the dual employment is in the same agency, are responsible for approving dual employment requests prior to the beginning of the dual employment relationship.

2. Because the requesting agency is responsible for coordinating dual employment arrangements, the requesting agency will coordinate the approval and any modifications of the dual employment request with the employing agency.

3. The employing agency should process dual employment requests in a timely manner.

C. Scheduling Dual Employment

1. Dual Employment Between Two Agencies

Ordinarily, an employee's work schedule with the employing agency should not be altered or revised to provide time to perform dual employment duties for the requesting agency. However, an employee may be permitted to use annual leave or leave without pay to provide services during working hours for a requesting agency and may receive compensation from the requesting agency for services performed during the period of leave.

2. Dual Employment Within an Agency

An employee who performs services during other than normally scheduled hours of work for his employing agency may be considered to be performing dual employment and be paid additional compensation, if such services constitute independent, additional job duties from those of the employee's primary duties within the agency. No employee shall receive any additional compensation from the employing agency while in a leave with pay status to include all designated State holidays, annual leave, and compensatory time. The agency head should only approve dual employment within the same agency when extraordinary circumstances exist based on the agency's business needs.

D. Compensation for Dual Employment

1. No compensation for dual employment shall be paid to an employee prior to the approval of a dual employment agreement.

2. Both the employing agency and the requesting agency must comply with the provisions of the Fair Labor Standards Act (FLSA).

3. Compensation for dual employment will be determined by the requesting agency; however, the maximum compensation that an employee will be authorized to receive for dual employment in a fiscal year shall not exceed 30% of the employee's annualized salary with the employing agency for that fiscal year. The employing agency is responsible for ensuring that dual employment payments made to its employees within one fiscal year do not exceed the 30% limitation. The Office of Human Resources (OHR) is authorized to approve exceptions to the 30% limitation based on written justification submitted by the agency.

4. Payment of dual employment compensation shall be made in a timely manner. The secondary agency must make payment of funds approved for and earned under dual employment within 45 days of the beginning of the employment.

5. No employee shall be eligible for any additional fringe benefits as a result of dual employment, including but not limited to annual leave, sick leave, military leave, State insurance, and holidays. However, dual employment compensation shall be subject to such tax and retirement deductions as required.

E. Dual Employment Recordkeeping

1. All dual employment requests must be in writing and contain the following information:

a. Name of requesting agency;

b. Description of services to be performed, beginning and ending dates of the dual employment, hours of work, and the FLSA status of the work to be performed for the requesting agency;

c. Name of employing agency;

d. Name of employee, State title of the employee's position, the FLSA status of the employee's position at the employing agency, present annualized salary of employee, and scheduled hours of work at the employing agency;

e. Amount and terms of compensation, if applicable; and

f. Signature of the agency heads or their designees, of both the requesting and the employing agencies, authorizing the dual employment as well as the signature of the employee.

2. For each dual employment arrangement, both the employing and requesting agency must maintain the written dual employment request. When the dual employment is within the same agency, that agency must maintain a written dual employment request for each dual employment arrangement.

S.C. Code Regs. 19-713.01

Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.