Current through Register Vol. XLI, No. 45, November 8, 2024
Section 217-1-4 - Pay Plan and Salary AdministrationThe following salary requirements in this section apply to classified employees. The Division, in cooperation with the agency heads, shall establish a policy to implement the provisions of this section.
4.1. Purpose and Intent. - The purpose and intent of the pay plan is to attract and retain qualified employees in the classified service. The Division shall provide through the pay plan compensation based on equal pay for equal work and market rates as compared to compensation trends in other public and private organizations.4.2. Preparation of the CCCP. -- After consultation with the agency heads and agency fiscal officers, the Division shall prepare and submit the pay plan to the Secretary. The CCCP shall include salary schedules containing multiple compensation ranges with minimum and maximum rates of compensation for each range and a plan of implementation. The Division may propose periodic amendments to the CCCP in the same manner it was adopted.4.3. Adoption of the CCCP. -- The plan or revised plan becomes effective only after it has been approved by the Secretary. The approved pay plan constitutes the official schedule of salaries for the classified service of the Department of Transportation.4.4. Implementation of the CCCP.4.4.1. Assignment of Classes. -- The Division shall assign each class of positions to an appropriate range of compensation consistent with the duties outlined in the class specification. No salary range shall be approved by the Division unless it conforms to sound compensation practices.4.4.2. Entry Salary. -- The entry salary for any employee shall be no less than the minimum of the compensation range for the job classification. The Division may authorize appointment above the minimum for an individual possessing pertinent training or experience above the minimum required for the class. The Division may authorize appointment at a rate above the market rate where the agency head can substantiate severe or unusual recruiting difficulties for the job class.4.4.3. Standard Rates of Pay. -- The CCCP provides standard compensation rates for all classes of positions in the classified service unless specifically excepted by statute or statutory authority. The salary or wage paid is determined by the compensation range to which the class of the position has been allocated. All employees, including those serving in positions on a part-time basis, shall be paid in proportion to the actual time worked. An agency head may, in limited and unusual circumstances, propose an increase for an individual above the maximum compensation for a job classification if the agency head establishes that the employee provides the agency significantly exceptional value or a highly sought after skill or ability that warrants the increase. Any such proposed increase must be approved by the Secretary.4.4.4. Additional Pay. -- Agency heads may not make additions to the regular salary of any employee except for authorized overtime, Division approved pay differentials and monetary incentives, or other statutorily required or authorized payments.4.4.5. Availability of Funds. -- Each agency head and his or her fiscal officer will certify that funds for salary adjustments are available.4.4.6. Salary Adjustments.4.4.6.a. Establishment of a New Classification, Compensation and Career Plan. 4.4.6.a.1. Upon adoption of a new CCCP for the Department of Transportation, the Division shall require, and may approve or modify, a plan of implementation which ensures incumbents in the classified service receive equal treatment based on sound compensation practices.4.4.6.a.2. An incumbent whose salary falls below the minimum rate of the new compensation range shall have his or her salary adjusted to the new minimum.4.4.6.a.3. An incumbent whose salary falls above the maximum rate of the new compensation range shall maintain his or her current salary.4.4.6.b. Pay on Reclassification.4.4.6.b.1. When a class is reassigned by the Division to a compensation range having a higher minimum, the salaries of those incumbents below the new minimum shall be adjusted to the new minimum. Where the salary of the incumbent coincides with a pay rate in the new range, the salary shall remain unchanged. When a class is reassigned by the Division to a compensation range having a lower minimum, the salaries of those incumbents which are within the new range shall remain unchanged. Where the salary of the incumbent is above the maximum rate of the new range, the salary shall remain unchanged, and the incumbent is ineligible for salary advancements.4.4.6.b.2. The Division may approve or modify a plan of implementation on reclassification based on documented recruitment or retention difficulties or consideration of pay equity for reclassified employees.4.4.6.c. Pay on Position Reallocation. -- When a position is reallocated to a different class, the salary of the incumbent shall be adjusted in accordance with the provisions of this rule for promotion, demotion, and lateral class change.4.4.6.d. Pay Differentials. -- The Division may approve the establishment of pay differentials to address circumstances which apply to reasonably defined groups of employees.4.4.6.e. Separation from Employment. -- Employees whose last day of work occurs prior to the effective date of a new pay plan are not eligible for salary adjustments.4.5. Pay on Promotion. -- When an employee is promoted, the employee's pay shall be adjusted as follows: 4.5.1. Minimum Increase. -- Any employee promoted will be compensated to at least the minimum of the compensation range of the job class to which he or she is promoted. An employee whose salary is within the range shall receive an increase in accordance with the established CCCP principles or a maximum established by the Division, except where an employee accepts a lesser increase within the compensation range to obtain the position. The employee's pay may not exceed the maximum of the range except as provided in subdivision 4.5.b. of this rule.4.5.2. Additional Increase. -- The Division may authorize additional incremental increases, as recommended by the agency head, to an employee being promoted if the employee has sufficient qualifications in excess of the minimum required for the new class, as certified by the Division. The employee must possess pertinent experience or an equivalent amount of pertinent training for each additional incremental increase granted.4.6. Pay on Demotion.4.6.1. Demotion Without Prejudice. -- The agency shall reduce the pay rate of any employee who is demoted without prejudice in accordance with approved CCCP principles as long as the employee's pay rate is within the compensation range of the job class to which the employee is demoted.4.6.2. Demotion With Prejudice. -- The agency shall reduce the pay rate of any employee who is demoted with prejudice in accordance with approved CCCP principles as long as the employee's pay rate is within the compensation range of the job class to which the employee is demoted.4.7. Pay on Lateral Class Change. -- Any employee who receives a lateral class change shall be paid the same salary received prior to the change except in cases where the change is to an agency or job class for which the Division has approved, or the Legislature has authorized, a higher compensation range for the job class.4.8. Pay on Reinstatement. -- The salary for an employee who is reinstated shall be established in accordance with subdivision 5.4.b. of this rule.4.9. Salary Advancements. -- Salary advancements are limited to permanent employees and shall not exceed the increase amount established by the Division. 4.10. Annual Increment Increase. -- The Division shall establish uniform procedures which shall be followed by all DOT agencies for providing an annual increment increase pursuant to W. Va. Code §5- 5- 2.4.11. Leave Donation Program. -the Division shall establish uniform procedures which shall be followed by all Dot agencies for providing a leave donation program pursuant to W. Va. Code § 29-6-27.