Section 6-B838. TIME-IN-GRADE REQUIREMENTS FOR POSITIONS UNDER CAREER SERVICE SALARY SCHEDULES (UNION AND NON-UNION)

 

838.1This section explains time-in-grade requirements and restrictions for promotions and appointments to higher grade positions; and reinstatements to higher grade positions when such reinstatements are made within one (1) year after separation from nontemporary appointments in the Career Service.

 

838.2The purpose of the time-in-grade restrictions is to prevent excessively rapid promotions in competitive appointments, and protect competitive principles. Additionally, time-in-grade restrictions provide budgetary control on promotion rates.

 

838.3The time-in-grade restrictions in this section shall not apply to employees occupying Wage Service positions.

 

838.4The time-in-grade restrictions in this section shall be applied in conjunction with the restriction in section 833.1 of this chapter on position changes to a different line of work within three (3) months after placement.

 

838.5Except as specified in sections 838.6 and 838.7 of this section, a Career Service employee shall not advance in grade by promotion to a position under a Career Service Salary Schedule unless the employee meets the following minimum time-in-grade requirements:

 

(a)For an employee at grade levels CS-12 or above, only after he or she has served one

 

(1)year at the next lower grade;

 

(b)For an employee at grade levels CS-6 through CS-11, only after he or she has served:

 

(1)One (1) year in a position two (2) grades lower, when the position to which he or she is advanced is in a line of work properly classified at two-grade (2-grade) intervals; or

 

(2)One (1) year at the next lower grade, when the position to which he or she is advanced is in a line of work properly classified at one-grade (1-grade) intervals; and

 

(c)An employee may be advanced to a position at grade levels CS-5 or below which is not more than two (2) grades above the lowest grade he or she held within the preceding year under a nontemporary appointment without regard to time in grade.

 

838.6Notwithstanding the provisions of section 838.5 of this section, the one (1) year time-in-grade restriction may be waived in the case of an employee who does not meet the time in grade requirement but meets the qualifications requirements for the position and is ranked among the best qualified candidates and within reach for selection, based on the following criteria:

 

(a)On the basis of the employee’s total work history;

 

(b)When the employee has performed work related to the higher grade position at a level at least commensurate (equivalent) to the higher grade position;

 

(c)On the basis of the employee’s education, superior academic credentials, or superior academic achievements; or

 

(d)For reasons of hardship, inequity, or in especially meritorious cases.

 

838.7While an employee’s salary history (i.e., previous higher salary) shall not automatically be considered the determining factor in waiving the time-in-grade restriction under section 838.6 of this section, it may be considered along with the criteria specified in that section.

 

838.8An employee promoted under the conditions described in section 838.6 of this section may be advanced more than two (2) grade levels at a time.

 

838.8A waiver of the time-in-grade requirements in section 838.5 of this section shall be required for any Career Service employee competitively selected to a higher grade position after being certified to the selecting official under the conditions described in section 838.6 of this section.

 

838.9If selected for the higher grade position, an employee who was granted a waiver of the time-in-grade requirements shall be required to complete one (1) year of service at the position before he or she meets the requirements for advancement to the next grade level.

 

838.10In applying the time-in-grade requirements of this section and crediting prior service and experience towards meeting time-in-grade, an employee will receive credit for:

 

(a)Prior District or federal government service under an appointment at the same level as or a higher level than the employee’s current appointment;

 

(b)As appropriate, any specialized experience with the military, state or local governments, or with the private sector; and

 

(c)As appropriate, college or university education.

 

838.11The personnel authority shall develop procedures for the granting of waivers of the time-in-grade requirements, and the circumstances and conditions for crediting prior service towards meeting time-in-grade.

 

838.12

 

(a)The waiver of time-in-grade provisions in section 838.6 of this section shall not apply to career ladder promotions within the Career Service.

 

(b)A career ladder exists when employees occupying a group of similar positions are hired at less than full performance level and are all given grade-building experience such that each may be promoted as he or she qualifies and demonstrates the ability to perform at the next higher grade level, and where there is sufficient work at the full performance level for all employees who qualify and who are performing the work at a given time.

 

source

Final Rulemaking published at 54 DCR 725 (January 26, 2007), as amended by Final Rulemaking published at 55 DCR 7731(July 18, 2008).