Section 6-B1129. WAGE SERVICE RATE SYSTEM - WITHIN-GRADE INCREASES

 

1129.1In this section, the following term has the meaning ascribed:

 

Permanent position - a position filled by an employee whose appointment is not designated as temporary by law and not limited to one (1) year or less, and includes a temporary or term promotion of more than one (1) year. The term does not include a position filled by an employee whose appointment is limited to one (1) year or less and subsequently extended so the total time of the appointment exceeds one (1) year.

 

1129.2This section applies to all Career, Excepted, and Management Supervisory Service employees paid under a Wage Service rate schedule.

 

1129.3Any Wage Service employee occupying a permanent position who has not reached the maximum rate of his or her grade shall be granted a within-grade increase if he or she meets all of the following requirements:

 

(a)The employee must have completed the required waiting period for advancement to the next higher step of the grade of his or her position;

 

(b)The employee must not have received an equivalent increase during the waiting period; and

 

(c)The employee’s performance rating assigned for the most recent rating period that ended prior to the completion date of the required waiting period must be either “Satisfactory” or better or “Meets Expectations” or better, as applicable.

 

1129.4Except as provided in § 1129.7, the waiting periods for advancement to the next rate in all grades for a wage employee with a scheduled tour of duty, shall be as follows:

 

(a)Rates 2 and 3: fifty-two (52) calendar weeks of creditable service; and

 

(b)Rates 4, 5, and 6: one hundred four (104) calendar weeks of creditable service.

 

1129.5Except as provided in § 1129.6, the waiting period for advancement to the next rates in all grades for a wage employee without a scheduled tour of duty shall be as follows:

 

(a)Rates 2 and 3: two hundred sixty (260) days of creditable service in a pay status over a period of not less than twenty-six (26) calendar weeks; and

 

(b)Rates 4, 5, and 6: five hundred twenty (520) days of creditable service in a pay status over a period of not less than one hundred four (104) calendar weeks.

 

1129.6For a wage employee with a scheduled tour of duty paid from the Printing Wage Service Rate Schedule, the waiting periods for advancement to the second and third rates in all grades shall be fifty-two (52) calendar weeks of creditable service.

 

1129.7For a wage employee without a scheduled tour of duty, paid from the Printing Wage Service Rate Schedule, the waiting periods for advancement to the second and third rates in all grades shall be two hundred sixty (260) days of creditable service.

 

1129.8Any day on which part-time service is performed by an employee without a scheduled tour of duty shall constitute one (1) full day for the purpose of this section.

 

1129.9A new waiting period for a within-grade increase shall begin with each of the following:

 

(a)On a new appointment as an employee of the District government;

 

(b)After a period of nonpay status or a break in service (alone or in combination) in excess of fifty-two (52) continuous calendar weeks, unless the nonpay status or break in service is due to being on temporary assignment pursuant to the Intergovernmental Personnel Act (IPA) of 1970, approved January 5, 1971 (P.L. 91-648; 84 Stat. 1909; 5 U.S.C. § 3301 et seq.), or Chapter 27 of these regulations; or

 

(c)Upon receiving an equivalent increase.

 

1129.10The waiting period shall not be interrupted by nonworkdays intervening between an employee’s last regularly scheduled workday in one position and his or her first regularly scheduled workday in a new position.

 

1129.11Employment in any District government agency under the pay authority of the Mayor shall be creditable service in the computation of a waiting period.

 

1129.12Creditable service shall include all periods of annual, sick, and other leave with pay; any absence from duty that occurs during an employee’s basic workweek for which pay is received, including authorized absence on a legal holiday or nonworkday established by administrative order; and service under a time-limited appointment that is not interrupted by a break in service or a period of nonpay status in excess of fifty-two (52) calendar weeks.

 

1129.13For a wage employee with a scheduled tour of duty, time in a nonpay status, except as provided in §§1129.15 through 1129.19, shall be creditable service in the computation of a waiting period when it does not exceed an aggregate of any of the following:

 

(a)Two (2) administrative workweeks in the waiting period for rates 2 or 3;

 

(b)Four (4) administrative workweeks in the waiting period for rates 4, 5, or 6.

 

1129.14Except as otherwise provided in this section, time in a nonpay status in excess of the allowable amounts set forth in § 1129.13 shall extend a waiting period by the excess amount.

 

1129.15Leave without pay granted to an employee because of an injury for which compensation is payable under title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq. (2001 & 2003 Supp.)) shall be creditable service.

 

1129.16An employee separated as a result of an injury incurred while performing assigned duties shall be entitled, upon reemployment with the District government, to have counted as creditable service the entire time during which he or she received compensation.

 

1129.17Service with the Armed Forces during a period of war or national emergency shall be creditable service when an employee leaves his or her District position to enter the Armed Forces and either of the following occurs:

 

(a)The employee is reemployed in a position subject to a Wage Service rate schedule not later than fifty-two (52) calendar weeks after separation from active military duty; or

 

(b)The employee is restored to the civilian position after separation from active military duty or hospitalization continuing thereafter as provided in Chapter 43 of Part III of Title 38 of the U.S. Code.

 

1129.18When an employee is restored to duty by an appropriate authority as defined in § 1149, the period from the date of separation to the date of return to duty shall be creditable service.

 

1129.19A period of leave without pay during an employee’s assignment with an agency of the federal government, a State or local government, a private sector organization, or an institution of higher education under Chapter 27 of these regulations shall be creditable service.

 

1129.20When an employee receives more than one (1) increase in his or her rate of basic pay during the waiting period under consideration, no one (1) of which is an equivalent increase, the first and subsequent increases shall be added until the total increase is equal to or greater than an equivalent increase, at which time he or she shall be deemed to have received an equivalent increase.

 

1129.21An increase to the rate of basic pay of an employee paid from a Wage Service rate schedule shall not be considered an equivalent increase when it results from any of the following:

 

(a)Adjustment of salary and rate schedules;

 

(b)The establishment or adjustment of a higher minimum rate of basic pay as provided in § 1123.7;

 

(c)A temporary or term promotion in which the highest previous rate is not used when returned to the position from which promoted; or

 

(d)An increase resulting when an employee is placed in a supervisory or managerial position, and is returned to a position at the same grade and step held before that placement.

 

1129.22The agency head shall be responsible for determining what constitutes a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable, and for determining which employees are performing at those levels.

 

1129.23The agency head may delegate his or her authority under § 1129.22 to the appropriate supervisory level in his or her agency.

 

1129.24The decision to grant or deny a within-grade increase shall be deferred when a performance rating has not been assigned for the most recent rating period that ended prior to the completion date of the required waiting period under any of the following circumstances:

 

(a)The employee has received a letter of warning of unsatisfactory performance or equivalent;

 

(b)The employee has received a warning letter with postponement of rating; or

 

(c)The rating is postponed in accordance with Chapter 14 of these regulations because of a notice of proposed removal or change to lower grade for cause as defined in Chapter 16 of these regulations.

 

1129.25When the decision to grant or deny a within-grade increase has been deferred as provided in § 1129.24, the within-grade increase shall be granted as of the date it was otherwise due if the performance rating assigned is “Satisfactory” or better or “Meets Expectations” or better, as applicable.

 

1129.26An employee who is denied a within-grade increase in accordance with Chapter 14 of these regulations and is reassigned shall become eligible for a within-grade increase upon receipt of a performance rating of “Satisfactory” or better or “Meets Expectations” or better, as applicable.

 

1129.27When an ”Unsatisfactory” performance rating (or equivalent), removal, or change to lower grade for cause, which resulted in a denial of a within-grade increase, is subsequently overturned, the employee shall be granted the within-grade increase for which he or she becomes eligible as of the date on which the within-grade increase otherwise became due.

 

1129.28An employee shall be notified in writing of the decision to grant or deny a within-grade increase.

 

1129.29A within-grade increase shall be effective on the first day of the first biweekly pay period following completion of the required waiting period and the requirements of § 1129.3.

 

1129.30When the effective date of a within-grade increase and the effective date of a personnel action occur at the same time, the agency shall process the actions in the order that gives the employee the maximum benefit.

 

1129.31When a within-grade increase is delayed beyond its proper effective date through administrative oversight, error, or delay, the agency shall make the increase effective as of the date it was properly due.

 

source

Final Rulemaking published at 52 DCR 934 (February 4, 2005).