Section 6-B1115. RETROACTIVE EFFECTIVE DATE

 

1115.1A retroactive effective date may be required if the employee is wrongfully demoted.

 

1115.2The effective date of a classification appellate certificate may be retroactive only if it corrects a classification action which resulted in a loss of grade or pay.

 

1115.3In order for the decision to be made retroactive, the employee must file the initial request for review with the personnel authority not later than fifteen (15) calendar days after the effective date of the reclassification action.

 

1115.4If the appellate decision raises the grade of the position above the original grade, retroactivity will apply only to the extent of restoration to the original grade.

 

1115.5The right to a retroactive effective date provided by this section is preserved when the appeal is filed not later than fifteen (15) calendar days after the effective date of the action taken as a result of the classification decision.

 

1115.6Retroactivity shall be based only on duties and responsibilities existing at the time of demotion and shall not be based on duties and responsibilities assigned later.

 

1115.7The right to a retroactive effective date provided by this section may be preserved at the discretion of the personnel authority on a showing by the employee that he or she was not notified of the applicable time limit and was not otherwise aware of it, or that circumstances beyond his or her control prevented filing an appeal within the prescribed time limit.

 

source

Final Rulemaking published at 47 DCR 2421 (April 7, 2000).