Section 6-B1136. PREMIUM PAY - LOCAL ENVIRONMENT PAY

 

1136.1Local environment pay shall not be paid unless specifically authorized by this section.

 

1136.2An employee shall be paid local environment pay when exposed to an unusually severe working condition or hazard that falls within one (1) of the categories authorized in a schedule of local environment pay rates as established under § 1136.4.

 

1136.3Positions for which local environment pay may be authorized shall require the approval of the Director of Personnel.

 

1136.4A schedule of local environment pay rates and the duties for which they are payable and the period during which they are payable shall be established by the Director of Personnel.

 

1136.5Any schedule established pursuant to § 1136.4:

 

(a)Shall become effective on the first day of the first biweekly pay period following the adoption thereof; and

 

(b)Shall be incorporated in the District Personnel Manual (or any other procedural manual developed).

 

1136.6Amendments to the schedule authorized in § 1136.4 may be made by the Director of Personnel as follows:

 

(a)On his or her own initiative;

 

(b)At the request of an agency;

 

(c)At the request of a labor organization made through an agency in which it holds exclusive recognition for a unit of employees; or

 

(d)At the request of an employee, when submitted through the employee’s agency.

 

1136.7The Director of Personnel shall establish and publish in the District Personnel Manual (or any other procedural manual developed) the criteria to be included in any request for the establishment of a schedule of local environment pay rates.

 

1136.8Any amendments made to categories in the schedule of local environment pay rates as provided in § 1136.6:

 

(a)Shall become effective on the first day of the first biweekly pay period following the adoption thereof; and

 

(b)Shall be incorporated in the District Personnel Manual (or any other procedural manual developed).

 

1136.9The Director of Personnel shall publish a list in the District Personnel Manual (or any other procedural manual developed) of the positions for which local environment pay rates are authorized.

 

1136.10An agency may request approval of local environment pay for a position in which exposure has not been credited in the classification of a position.

 

1136.11Payment of the local environment pay to an employee in a position for which local environment pay has been newly authorized shall begin with the first day of the first biweekly pay period following the approval.

 

1136.12Local environment pay shall be paid either on the basis of full-time exposure or part-time exposure as determined by the Director of Personnel.

 

1136.13Local environment pay shall be a stated percentage rate for categories of exposure and shall not exceed twenty-seven percent (27%) for any category.

 

1136.14The local environment pay rate shall be determined by multiplying the local environment pay percentage rate authorized for the described exposure by the second step for grade RW-10 on the current Regular Nonsupervisory Wage Service Rate Schedule for Compensation Unit 2, counting one-half (½) cent and over as a full cent.

 

1136.15The cents-an-hour rate determined in § 1136.14 shall be paid uniformly to each employee who qualifies for local environment pay regardless of the salary schedule, rate schedule, or grade level from which he or she is paid.

 

1136.16The amount paid shall be determined by multiplying the local environment pay rate determined in accordance with § 1136.14 by the number of hours of exposure to the environmental situation.

 

1136.17Each employee who is officially assigned to a position for which local environment pay is authorized, or who is temporarily assigned to perform work involved in that position, shall be paid the local environment pay when performing duties that expose him or her to an applicable environmental situation.

 

1136.18An employee subjected at the same time to more than one (1) applicable environmental situation shall be paid for that exposure that results in the highest local environment pay rate but shall not be paid more than one (1) local environment pay rate for the same hours of work.

 

1136.19An employee who is exposed to a situation for which local environment pay is authorized shall be entitled to the appropriate local environment pay regardless of whether he or she has a full-time, part-time, or intermittent tour of duty; is on regular assignment or detail; or is exposed during straight-time or overtime hours of work.

 

1136.20Local environment pay that is paid on an actual exposure basis shall be paid for a minimum of one (1) hour’s local environment pay for that exposure and in increments of one-quarter (¼) of an hour for each fifteen (15) minutes and portion thereof in excess of fifteen (15) minutes.

 

1136.21When an employee who is receiving local environment pay on the basis of exposure in his or her regular position is temporarily assigned to perform work involved in another job for which a higher or a lower local environment pay rate is authorized, the following shall apply:

 

(a)He or she shall be paid the higher or lower local environment pay rate as the case may be for those hours of duty, or fraction thereof, that he or she is exposed to the environmental situation specified for the other position; and

 

(b)He or she shall be paid the local environment pay authorized for his or her position for those hours of duty, or fraction thereof, that he or she is exposed to the environmental situation specified for his or her regular position.

 

1136.22When an employee who is officially assigned to a position for which no local environment pay is authorized is temporarily assigned to perform work involved in a job for which local environment pay is authorized, he or she shall be entitled to the local environment pay only for those hours of duty, or fraction thereof, that he or she is actually exposed to the environmental situation specified for that position.

 

1136.23Payment of the local environment pay to an employee shall cease as follows:

 

(a)When authorization for the local environment pay is removed from his or her position;

 

(b)When he or she leaves the position for which local environment pay was authorized; or

 

(c)During temporary assignment to perform work involved in another position for which local environment pay has not been authorized.

 

1136.24Local environment pay shall not be considered basic pay for any purpose except for computing overtime under the Fair Labor Standards Act.

 

source

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