18- 389 C.M.R. ch. 15, § 5

Current through 2024-49, December 4, 2024
Section 389-15-5 - Compensation Plan
1. Nature of the Compensation Plan
A. Use and Structure of Salary Schedules
(1) The pay of classified and covered unclassified employees shall be on the basis of appropriate weekly schedules or hourly wage rates as adopted and published by the Director for the respective salary grades. Each schedule shall consist of an entrance rate, intermediate rate or rates, and a maximum rate except for those grades where the Director prescribes a flat or single rate. The schedule of weekly salaries and hourly wage rates, including amendments made in accordance with the Civil Service Law and these rules shall constitute the official compensation plan for all covered classified and unclassified positions.
B. Full-time Basis of Salary Schedules
(1) Standard Conditions - The salaries provided in the standard salary schedules are fixed on the basis of full-time service for workweeks of 40 hours.
(2) Non-Standard Conditions - The salary rates for positions specified by the Director as non-standard, and so identified in the official Salary Schedule, are established on the basis of full-time service for the variable work week required by working conditions or outside operating duty.
C. Application of Salary Amounts
(1) Total Remuneration - Any salary paid to an employee in the classified service shall represent the total remuneration for the employee, not including reimbursements for official travel. Except as otherwise provided, no employee shall receive pay from the state in addition to the salary authorized under the schedules provided in the pay plan for services rendered, either in the discharge of ordinary duties, or the performance of any additional duties which may be imposed, or which may be undertaken or performed voluntarily.
D. Subsistence and Maintenance Allowances
(1) Subsistence or maintenance allowances received in lieu of cash must be considered as part of the total salary. Whenever subsistence or maintenance is allowed in lieu of cash, a schedule of such maintenance together with a statement of the policy and rules to be followed in making charges therefore shall be submitted by the appointing authority for the approval of the Director.
2. Maintenance of the Compensation Plan
A. Position Assignment to Benchmark Classification
(1) The Director shall authorize the assignment or reassignment of an MMS position to a Benchmark Classification upon written recommendation from the appointing authority, such recommendation to be made in a manner prescribed by the Director. Benchmark classification assignments are subject to funding approval by the Bureau of the Budget.
B. Position Grade Allocation
(1) Each appointing authority is responsible to effectively manage salaries for its MMS positions within budget and established budgetary procedures.
(2) For each benchmark classification, the Director shall establish a series of salary grades to which agencies may allocate positions assigned to the benchmark classification.
(3) Agency may allocate or reallocate MMS positions to any salary grade authorized for the Benchmark Classification to which the position is assigned. Such allocation or reallocation must be determined utilizing the job evaluation methodology authorized by the Director.
(4) Position grade allocations or reallocations are tentative, subject to funding approval by the Bureau of the Budget.
C. Employee Compensation Administration
(1) Upon initial employment or re-employment, an appointing authority may set the salary at any salary step within the salary grade authorized for the position.
(2) Adjustments to the compensation for a MMS employee shall not exceed the maximum or fall below the minimum amount of the salary grade to which the position is allocated.
(3) Involuntary downward movement based on a non-disciplinary reassignment of duties that results in a lower Benchmark Classification and/or salary grade for an employee's present position shall not cause a decrease in the employee's current salary. The employee's current salary will be retained ("redlined") until such time as it is exceeded by the MMS salary structure or the employee leaves the position.
(4) A reduction in salary for disciplinary reasons may be made in accordance with Ch. 12 Sec. 2.
(5) Reemployment from Layoff - If a former employee is reemployed from layoff to the Individual Position in which the employee was previously employed, the appointing authority shall make the appointment at the same step in the Individual Position that the employee held at the termination of service.
(6) Project Employment - For employment on a strictly nonrecurring project duty, the Director may authorize, as necessary due to recruiting difficulties, a rate of pay which may exceed the maximum of the range provided by not more than 50%. In any case, authorized because of the project nature of the work the employee shall not be entitled to vacation, sick leave or holidays.
(7) Merit Increase Awards.
(a) Salary adjustments within an established salary grade shall be dependent upon specific written recommendations by the appointing authority, which shall be based upon standards of performance as indicated by service ratings or other pertinent data.
(b) Every appointing authority must, at least once in every 12 months, review the work performance of each employee to determine whether the rate of pay of that employee should be advanced to the next step in the range and shall advise the employee in writing of his/her determination and reasons therefore.
(c) Ordinarily, increases in salaries shall not be more than one step, and shall not be made more often that once every 12 months, except that an appointing authority may authorize salary increases of more than one step or more frequently than once every 12 months.
D. Other pay practices.
(1) Each agency is responsible for determining the work period designation for each of its positions in accordance with the federal Fair Labor Standards Act.
E. Overtime Compensation Guidelines
(1) Overtime compensation for non-exempt MMS employees is prescribed by the Fair Labor Standards Act.
F. Complete time and attendance records shall be maintained by each agency.

18- 389 C.M.R. ch. 15, § 5