2019 - 2023 ESCMemorandum of Understanding: Article 14: Salary Upon Status Change

Engineers & Scientists of California

Return to ESC 2019 - 2023 MOU Table of Contents

What’s on this Page

14.1 Salary at Appointment

Except as otherwise provided in this Article, appointment to any position in any class shall be made at the minimum rate, and advancement to rates greater than the minimum rate shall be within the limits of the salary scale for the class. In exceptional cases after reasonable effort has been made to obtain employees for a particular class at the minimum rate, employment of individuals who possess special qualifications higher than the minimum qualifications prescribed for the particular class may be authorized at a rate higher than the minimum upon recommendation of the appointing authority with approval of the County.

14.2 Reappointment Consideration

Any full-time or part-time employee who resigns in good standing, and who is reappointed on a full-time or part-time basis in the same class or a closely related class in the same salary scale or in a lower salary scale within two years after resignation may, upon application by the appointing authority and approval by the County, be paid at any step in the appropriate salary scale, but not less than two steps below the step paid at the time of resignation. Approval of the County is required only if the employee is rehired at a step which exceeds the step paid at the time of resignation.

14.3 Temporary to Permanent Appointment

An Extra Help employee who is appointed to an allocated part-time or full-time position in any class at the same salary scale, and without a break in service, shall retain the employee’s present salary step upon appointment. Employment at a higher salary step not to exceed the maximum step in the scale may be authorized, upon recommendation of the appointing authority and approval of the County. An Extra Help employee who is appointed to an allocated part-time or full-time position in another class allocated to a higher salary scale, and with no break in service, shall be paid at a step in the new salary scale which is nearest in amount to that of the step received in the former scale.

14.4 Salary Upon Restoration

Any full-time or part-time employee displaced, laid off, or voluntarily demoted in lieu of layoff and reappointed within two years to the same class from which separated or in a closely related class in the same salary scale, or in a lower salary scale than the class from which separated shall be paid at the salary step closest to but not exceeding the step of the applicable scale paid at the time of displacement, layoff or voluntary demotion. The employee shall be considered for merit increase when the employee’s total hours in pay status before and after separation and restoration equal the number of hours required for merit increase during continuous employment.

14.5 Salary Upon Promotion

Except as otherwise provided in this Article, any full or part-time employee who is promoted to a position in a class allocated to a higher salary scale than the class from which the employee was promoted shall receive the salary step rate of the appropriate scale which would constitute an increase of salary most closely equivalent to but not less than five percent (5%) of the employee’s salary step rate before promotion, but not less than the minimum salary scale of the new class nor greater than the maximum salary of the new class.

An employee who receives a promotion from line staff to a supervisory position or class shall receive the salary step of the appropriate scale that would constitute an increase of salary at least most closely equivalent to but not less than ten percent (10%) of the employee’s salary step before promotion, but not less than the minimum salary step of the new class or greater than the maximum salary step of the new class.

If a promotion occurs during the same pay period a merit increase is due and approved, the merit increase shall be computed first and subsequently the increase due to promotion. An employee who is promoted shall be considered for a merit increase when the employee’s total hours in paid status, exclusive of overtime subsequent to promotion, equals 1,040 hours. The effective date of the merit increase shall be in accordance with Section 14.13.

14.6 Advanced Salary Upon Promotion

Upon promotion of a full-time or part-time employee to a new class, the Human Resources Director may recommend to the County Administrator that the person being promoted shall receive a rate of pay which is greater than that to which the employee is normally entitled, but which does not exceed the top of the scale of the class to which the employee is promoted.

14.7 Salary Upon Demotion

Any full-time or part-time employee who, during the employee’s probationary period, is demoted to a class which the employee formerly occupied in good standing during the same period of continuous employment in paid or unpaid status, shall have the employee’s salary reduced to the salary the employee would have received if the employee had remained in the lower class throughout the employee’s period of service in the higher class. The employee’s eligibility for merit advancement shall be determined as if the employee had remained in the lower class throughout the period of service in the higher class.
A full or part-time employee, for whom the circumstances described in Section 14.7 (a) above, do not apply, who is demoted involuntarily to a position in a class which is allocated to a lower salary scale than the class from which the employee is demoted shall have the employee’s salary reduced to the salary in the scale for the new class next lower than, or not more than five percent (5%), lower than the salary received before demotion, except that such employee shall not be paid more than the maximum of the scale of the class to which the employee is demoted. The employee’s eligibility for merit advancement shall not change as a result of demotion.
A full or part-time employee to whom the circumstances described in Section 14.7 (a) above do not apply, who is demoted voluntarily or who displaces as a result of a layoff to a position in a class which is allocated to a lower salary scale than the class from which the employee is demoted or displaced as a result of layoff, shall receive the highest salary step in the scale for the new class which does not exceed the salary received before demotion or displacement but not exceeding the maximum of the salary scale for the new class. The employee’s eligibility for merit advancement shall not change as a result of demotion or displacement.
Any full-time or part-time employee who is demoted voluntarily and who is reappointed on a full-time or part-time basis in the same class within two (2) years, shall be reappointed at either the same step the employee received at the time of demotion or the salary step nearest the amount of the employee’s present salary step, whichever is greater.

14.8 Salary Upon Transfer

A full-time or part-time employee who transfers from one allocated position to another allocated position in the same job class shall be placed at the same salary step the employee was receiving prior to the transfer.

A full or part-time employee who transfers from one allocated position in a job class to another allocated position in a closely related job class, as defined in the Civil Service Rules, for which the employee possesses the minimum qualifications shall be paid at the step in the new scale nearest in amount to what the employee received prior to transfer.

14.9 Salary Upon Reallocation of Class

An employee in a position in a class which is reallocated from one salary scale to another, shall continue to receive the same salary step.

14.10 Salary Upon Reclassification of Position

Whenever a position is reclassified to a class which is allocated to the same salary scale, the incumbent shall retain the same salary received prior to the reclassification, if the incumbent is appointed to fill the positions in accordance with Civil Service Rules.
Except as otherwise provided in this Article, whenever a position is reclassified to a class which is allocated to a higher salary scale, the salary of the incumbent shall be as provided by this Section upon promotion, if the incumbent is appointed to fill the position in accordance with Civil Service Rules.
Whenever a position is reclassified to a class which is allocated to a lower salary scale, the salary of the incumbent shall be as provided by the Section upon voluntary demotion, if the incumbent is appointed to fill the position in accordance with Civil Service Rules. Whenever the effect of reclassification is to reduce the salary of an incumbent, the Board of Supervisors may, upon recommendation by the Director of Human Resources, direct that the incumbent shall continue to receive the previously authorized salary until termination of employment in the position, or until a percentage increase in pay may be authorized, whichever first occurs. Appropriate records shall show such an incumbent as being paid at a special fixed rate (Y-Rate) of the salary scale for the employee’s class.

14.11 Merit Advancement Within Salary Scales

Merit increases within a scale shall not be automatic. They shall be based upon merit and shall be made only upon written approval by the employee’s Department Head or appointing authority. Merit increases shall be made within the appropriate salary scale for the class by computing the new salary step rate which is most closely equivalent to five percent (5%) higher than the previous base hourly salary.

14.12 Salary Upon Advancement Within a Scale

Each employee shall be considered for an initial merit increase when the employee’s total hours within the current class exclusive of overtime equals 1,040 hours. Each such employee shall be considered for subsequent merit increases when the employee’s total hours in pay status at each step to which advanced equals 2,080 hours, exclusive of overtime.

14.13 Effective Date of Merit Increase

The effective date of a merit increase shall be the start of the work day during which the employee becomes eligible for the merit increase.

14.14 Salary – Reduction in Pay Upon Discipline

For a full-time and part-time employee who has his/her pay reduced in accordance with Civil Service Rule 10.4, the reduction in pay shall apply to regular hours worked, including hours treated as hours worked (currently paid administrative leave, jury duty, military leave, and compassionate leave). The rate reduction excludes premiums, overtime, the usage of sick leave, vacation leave and compensatory time accrued. Pursuant to Civil Service Rule 10.4, a reduction in pay shall not exceed five (5) percent of the employee’s salary step prior to the reduction and shall not exceed 1,040 hours in duration.