Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
I moved from a nonsupervisory position to a supervisory position for about 10 months and then was returned to my original assigned position after my request. I have asked for temporary promotion pay. Should my agency pay compensation for the detail to a higher graded position?
A:
Because you served in a higher pay band on your detail and that would equate to a temporary promotion, it appears that your pay for that period of time was supposed to increase by a minimum of 6%, and up to 20% with management approval. Your base salary then should have reverted to the salary of your permanent position upon termination of the detail.
Agencies are not required to officially document details under NSPS unless the detail exceeds one year, crosses component and/or agency lines, assigns an employee from NSPS to another pay system within the component (i.e., NSPS to General Schedule), or documents developmental rotational assignments or deployment. Although NSPS does not require a detail to be documented solely because it goes beyond 180 days, individual components may have such a requirement in those circumstances and so you would need to check with yours.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
1 Comment
If a person works in temporary promotion for 15 months for 2 units isn’t there recourse to obtain sf52 and permanent position to 15 position. The perso was 14 She was paid overtime but no t pro. Somehow this seems unjust. She actually did the job of deputy assistant director for 8 months