STATE OF FLORIDA

[Pages:3]DEPARTMENT OF MANAGEMENT SERVICES DIVISION OF HUMAN RESOURCE MANAGEMENT ADVISORY

STATE PERSONNEL SYSTEM

ADVISORY: HRMA #2019-012

DATE: August 30, 2019

SUBJECT: Extraordinary Pay and Special Compensatory (SC) Leave During the Declared Emergency for Hurricane Dorian and Office Closures STATUTES/RULES/REGULATIONS/LAWS: Rule 60L-32.0071, Florida Administrative Code (F.A.C.) Rule 60L-34.0043, F.A.C. Rule 60L-34.0071, F.A.C. FORMS: N/A

ADDITIONAL REFERENCE MATERIALS: N/A

Dear Colleagues,

The Governor has issued Executive Orders 19-189 and 19-190 related to the potential impact of Hurricane Dorian on the State of Florida. Copies of the orders are attached and can be viewed at the following links:

Executive Order 19-189

Executive Order 19-190

Executive Order 19-189 contains new language in Section 4. J. that will help ensure a more equitable way of compensating Career Service and Selected Exempt Service (SES) employees for the duration of the emergency. The following questions and answers provide additional detail for administering extraordinary pay and SC under Executive Order 19-189:

1. What is extraordinary pay and when are employees normally eligible to receive it?

Extraordinary pay is the payment made for extraordinary hours worked by an overtime excluded Career Service or SES employee that is below the level of bureau chief or bureau chief comparable. These employees are in positions that are not eligible for overtime pay at time and a half. When these employees are required to work extra hours beyond their regular work schedule in response to an emergency event, the agency may activate its approved SES Extraordinary Payment Plan and/or Career Service Regular Compensatory Leave Payment Plan for a defined period of time. Only extra hours worked by employees while the payment plans are activated that are above the normal hours in the pay period (bi-weekly, monthly, or approved extended work period) and are in addition to the employee's regular scheduled workday hours are then paid on an hour-for-hour basis at the employee's regular rate of pay. An employee's annual leave, sick leave, compensatory leave, and any administrative leave must be offset prior to any extraordinary hours being eligible for payment.

Note: Please see the additional requirements in Question 4 below regarding eligibility for extraordinary pay for the duration of Executive Order 19-189.

2. What is SC and when are employees normally eligible to accrue it?

Essential employees (below the bureau chief level) who are directed to work when their assigned offices are closed due to an emergency event earn SC leave credits, which may be used at a future date. SC is generally earned on an hour-for-hour basis for all hours worked during an office closure.

Note: Please see the exception in Question 4 below to earning SC for all hours worked during an office closure for the duration of Executive Order 19-189.

3. What rules authorize extraordinary pay during emergency events and SC accruals during office closures?

? Rule 60L-32.0071, F.A.C., authorizes eligible overtime excluded SES employees below bureau chief to be paid for extraordinary hours worked.

? Rule 60L-34.0043(5), F.A.C., authorizes eligible overtime excluded Career Service employees to be paid for extraordinary hours worked.

? Rule 60L-34.0071(3)(e)1.a., F.A.C., authorizes eligible employees below bureau chief to accrue SC during an office closure.

4. When the Governor issued Executive Order 19-189 declaring an emergency for Hurricane Dorian, how did it change an overtime excluded employee's eligibility for extraordinary pay and SC accruals during an office closure?

For the duration of the Executive Order, the agency shall activate its extraordinary payment plan(s) and the activated plan(s) shall at a minimum include:

? All essential agency personnel who are required to work extraordinary hours when their state-owned or state-operated facilities are closed in response to an emergency condition;

? All agency personnel who are assigned to the State Emergency Operations Center and are required to work extraordinary hours;

? All agency personnel who are deployed throughout the state, as part of their employment, in response to an emergency condition and are required to work extraordinary hours.

As a result, an eligible employee below the level of bureau chief or bureau chief comparable who is headquartered at a closed office and who is required to work on the date of an office closure, shall receive extraordinary pay instead of earning SC for any hours worked beyond her/his normal workday and pay period or extended work period. The employee shall only accrue SC credits for hours worked up to the number of hours in the employee's regularly scheduled workday. Any hours worked beyond the regular workday and pay period or extended work period shall be paid as extraordinary pay.

Note: Please see Question 5 below for a situation that allows an employee to accrue SC for extra hours worked on a workday during an office closure when the employee is not eligible for extraordinary pay.

5. When an employee works extra hours on a workday during an office closure, but is not eligible for extraordinary pay because he or she did not work more than the contract hours during the pay period or extended work period (i.e., the employee offsets the additional hours worked because of leave used), may the employee accrue SC for the extra hours worked?

Yes. Executive Order 19-189 does not diminish the ability to accrue SC when an employee is not eligible for extraordinary pay.

6. How should hours worked be recorded in the People First system when employees are eligible for extraordinary pay while their office(s) are closed?

Hours worked during an eligible employee's regular work schedule on the date of an office closure and hours worked in accordance with Question 5 above, shall be recorded using Hours Type 1006 (WORK-ESS SVC/OFC CLOSURES). Overtime excluded SES employees record extraordinary hours worked under Hours Type 1017 (WORK-SES EXTRAORDINARY PAY) and excluded Career Service employees record extraordinary hours worked under Hours Type 1016 (WORK-CS EXTRAORDINARY PAY).

7. How are extraordinary pay and SC administered when an executive order has not been issued?

Please see the Policy Guideline on Emergency Conditions ? Administering Essential Services Performed During Facility Closures and Administering Extraordinary Pay.

If you have any questions, please contact Mark Helms at 850-487-1508 or email at mark.helms@dms. or John Apthorp at 850-922-1274 or email at john.apthorp@dms..

PREPARER'S INITIALS: JDA/MDG FILE PATH: S:\\Workforce\HRM\HRM Policy Communications\HRM Advisories\Final

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