Section 220.0.0 Salaries of Classified Employees (Arkansas Code Annotated §§21-5-201 et seq., as amended by Act 22 of 2003, First Extraordinary Session, effective 07/01/2003)
Section 220.1.0 Salary Determination (Determining Rate of Pay)
Section 220.1.1
The rate of pay to which a classified employee is entitled under current law.
Section 220.1.2
All of the following salary calculations are to be made without shift differential.
Section 220.2.1 Employees entering State service for the first time will be paid at Pay Level I of the grade assigned to the classification entered unless a special entry rate has been approved prior to the hire date. Employees may be paid at a rate less than Pay Level I provided the agency or institution does not have the funds and provided the employee agrees to accept the lower rate. The Agency Director or Institution Head will certify as to the shortage of funds and the employee will sign a certification of understanding and agreement to accept the lower rate of pay.
Section 220.2.2
As a condition of employment, a person hired or appointed to a position in any agency in state government on or after August 12, 2005 shall be required to accept payment of salary or wages by electronic warrants transfer. See Section 236.0.0, Direct Deposit as a Condition of Employment.
Section 220.3.1 It is the policy of the Governor to ensure equal opportunities in the recruitment and selection for all state jobs. Therefore, emergency hire, without the benefit of minimum advertising, is the least desirable method of filling state positions and will only be approved on rare occasions. This method should only be used when the delay from the minimum advertising period will have an immediate effect on public peace, health and safety. The requesting agency must provide substantial and specific justification detailing the situation which constitutes an emergency.
Section 220.3.2 Agency directors shall certify that the qualifications of the applicant meet the minimum qualifications as stated on the classification specification.
Section 220.3.3 Emergency hire requests shall be submitted to the Office of Personnel Management and shall include:
Emergency Hire Request Form (OPM Form 090)
Completed State Application
Detailed Justification
Upon approval of the emergency hire request, the agency shall attach a copy of the approved form (Form 090) to the Job Vacancy-Requisition Report (JVRR) and forward to the Employment Security Department.
Section 220.3.4
As a condition of employment, a person hired or appointed to a position in any agency in state government on or after August 12, 2005 shall be required to accept payment of salary or wages by electronic warrants transfer. See Section 236.0.0, Direct Deposit as a Condition of Employment.
Section 220.4.0 Employees Returning Within Two Pay Periods
Section 220.4.1 Two pay periods consist of twenty consecutive working days for state agencies and institutions of higher education.
Section 220.4.2 The salary calculation for a former employee returning to state service within two pay periods will be processed as a transfer whether the re-employment is with the former agency/institution or in a different agency/institution.
Section 220.4.3
For rehiring of retired state employees who received a lump sum payment for unused sick leave reference section 220.22.4, Reemployment of Retirees by State Agencies.
Section 220.4.4
As a condition of employment, a person hired or appointed to a position in any agency in state government on or after August 12, 2005 shall be required to accept payment of salary or wages by electronic warrants transfer. See Section 236.0.0, Direct Deposit as a Condition of Employment.
Section 220.5.0 Employees Returning After Two Pay Periods
Section 220.5.1 Employees returning to state service after two pay periods will be considered a rehire whether returning to the same agency or institution or in a different agency or institution.
Section 220.5.2 When a classified employee has been out of state service for more than two (2) pay periods and returns to state service, the rehired employee shall be eligible for a rate of pay equal to his/her exit salary. If a former or transferred employee was previously employed in an unclassified position, the employee shall be eligible for a rate of pay equal to his exit salary.
Section 220.5.3 The rate of pay for a rehire may be adjusted to Pay Level I if the above calculations result in a rate of pay that is less than Pay Level I.
Section 220.5.4 Employees may be rehired up to their maximum eligibility based upon previous service. If employees are rehired at a rate less than their maximum eligibility, however, the rate at which they are rehired determines their beginning eligibility for their current period of employment. Employees returning as rehires may be placed at the maximum hourly rate for which they are eligible. If the agency wishes to pay the employee at a rate less than their maximum eligibility, an actual hourly rate must also be specified.
Section 220.5.5
For rehiring of retired state employees who received a lump sum payment for unused sick leave reference section 220.22.4, Reemployment of Retirees by State Agencies.
Section 220.5.6 As a condition of employment, a person hired or appointed to a position in any agency in state government on or after August 12, 2005 shall be required to accept payment of salary or wages by electronic warrants transfer. See Section 236.0.0, Direct Deposit as a Condition of Employment.
Section 220.6.1 Employees transferring between state agencies and/or institutions without a break in service or employees returning to state service within two pay periods after termination are subject to this Policy Section.
Section 220.6.2 Employees transferring from one classified position to another at the same grade will remain at the same salary with no change in eligibility date. Employees transferring from one classified position to another at a higher or lower grade will be considered as being promoted or demoted as applicable.
Section 220.6.3 Employees transferring from an unclassified position to a classified position will have their rate of pay fixed at a rate within the grade for the new classification which does not exceed the salary previously earned, up to the maximum salary authorized for the position.
Section 220.6.4 Employees transferring or returning to state service within two pay periods will have all unused sick leave at the time of termination reinstated.
Section 220.6.5 Employees transferring from an unclassified position to a classified position establish an increase eligibility date one year from the date of transfer.
Section 220.6.6 Returning employees must meet all lump sum termination pay provisions. (See Section 105.7.0, Lump Sum Termination Pay)
Upon promotion, change to a higher grade with significantly higher job duties, an employee's salary shall be calculated as follows:
Minor - promotion to a classification which is one grade higher than the former classification. The employee s maximum rate of pay shall be increased by six (6) percent
Major - promotion to a classification which is two (2) or more grades higher than the former classification. The employee s maximum rate of pay shall be increased by eight (8) percent.
If the new rate of pay falls below Pay Level I for the new grade, the employee s rate of pay shall be adjusted to Pay Level I. However, the rate of pay may not exceed Pay Level IV of the new pay grade.
Section 220.7.2 If the employee being promoted is receiving a shift differential, the salary adjustment is computed based on the rate of pay for which the employee would be eligible when not receiving the differential. Compute the new rate of pay according to promotion policy. An additional 5.5% percent may be given as shift differential if the employee meets the conditions for receiving Shift Differential Pay. (See Section 220.19.0)
Section 220.8.1 An employee who is demoted for cause or voluntarily solicits a demotion of one grade will receive a six (6%) percent salary reduction. An employee who is demoted for cause or voluntarily solicits a demotion of two or more pay grades will receive an eight (8%) percent salary reduction.If the new rate of pay is above Pay Level IV for the new grade, the employee's rate of pay shall be adjusted to Pay Level IV.If the new rate is below Pay Level I for the new grade, the employe's rate of pay shall be adjusted to Pay Level I.
Section 220.8.2 A new increase eligibility date IS NOT established upon demotion.
Section 220.8.3 Any employee who is assigned to a position in a classification the employee formerly occupied within a twelve-month period after promotion from the classification shall be eligible for a rate of pay no greater than that for which the employee would have been eligible had the employee remained in the lower graded classification;Any employee who is placed in a lower graded position because the original position has expired due to lack of funding, program changes, or withdrawal of federal grant funds, may continue to be paid at the same rate as the employee was being paid in the higher graded position upon approval of the Office of Personnel Management after seeking the review of the Legislative Council.
Section 220.10.1 The change in the assignment of a position from one classification title to another classification title of either a higher, lower or same grade when material and permanent changes in the duties and responsibilities of the position being recommended for reclassification have occurred.
Section 220.11.0 Reclassification To A Higher, Lower or Same Graded Position
Section 220.11.1 An employee whose position has been reclassified to a lower or same graded position shall maintain his/her current rate of pay.
Section 220.11.2 An employee whose position has been reclassified to a higher graded position shall be eligible for an additional six (6%) percent increase in his/her maximum annual salary. If this rate of pay falls below Pay Level I of the new grade, the employee' s rate of pay shall be adjusted to Pay Level I.
Section 220.12.1 The enactment of legislation which has the effect of raising the grade level assigned to a specific classification.
Section 220.12.2 The employee shall be eligible for an additional six (6%) percent increase in his/her maximum annual salary. If this rate of pay falls below Pay Level I of the new grade, the employee's rate of pay shall be adjusted to Pay Level I.
