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Human Resources Department
Florida Gulf Coast University
Modular 2
10501 FGCU Blvd. South
Fort Myers, FL 33965-6565

Tele: (239) 590-1400
Fax: (239) 590-1011
Email: hresources@fgcu.edu

If you have a hearing or speech impairment, call Florida Gulf Coast University using the Florida Relay at 711.

Policies and Procedures

 
 

COMPENSATION

DEMOTION PAY POLICY - Support Personnel

An employee who has attained permanent status in any class who is given a demotion appointment, may be demoted with or without a reduction in base rate of pay, at the discretion of the President or designee, subject to the following provisions:

The employee’s base rate of pay shall not exceed the maximum of the salary range for the class to which the employee is demoted.

When the base rate of pay is reduced and the employee is promoted to the former class within six months after the date of demotion, the employee shall not be eligible for a promotional increase, unless the base rate of pay at the time of promotion is below the minimum for the class to which the employee is promoted.

An employee who is given an original appointment and is demoted prior to attaining permanent status in any class, shall have his/her base rate of pay in the lower class determined in the same manner as an original appointment.

An employee who is given a demotion appointment shall not be granted an increase in base rate of pay as a result of being demoted.

Definitions

Demotion: The appointment of an employee who is moved from a position in one class to a position in another class having a lower pay grade, a lesser degree of responsibility and a lower salary range maximum.

Reduction in Pay: Discretionary action taken by the University to reduce an employee’s base rate of pay.

Voluntary Demotion: A demotion appointment, which an employee requests or agrees to voluntarily in a written statement that includes the waiver of his/her right to appeal or grieve the demotion.

Involuntary Demotion: A demotion appointment, which is the result of a downward reclassification action; removal of an employee from the current classification due to below standards performance; or as the result of progressive disciplinary action.

Base Rate of Pay: An employee’s gross rate of pay, excluding any salary adjustment such as a competitive area differential, as defined in the Support Personnel Personnel Rules.

Involuntary Demotion

The following shall apply in determining the base rate of pay for an employee who is being demoted involuntarily:

When an employee is demoted to a classification in which the employee has not held permanent status, the salary shall be set at the same percentage above the base salary in the new pay grade as the employee received in the former pay grade.

When an employee is demoted to a class in which the employee previously held permanent status, the base pay shall be adjusted to the amount the employee would have received by remaining in the former class.

The base salary of an employee whose position is reclassified to a lower class which results in a demotion appointment, shall be based upon the recommendation of the department head, and upon the provisions of this policy.

Exceptions to this policy can be made only with the approval of the President or designee.

Grievance rights

1) The following employees shall have grievance rights:

i) An employee with permanent status in a class who is given a demotion appointment, and/or reduction in base pay, to a lower class shall have the right to grieve such action, unless the employee has signed a statement that the demotion and/or reduction in pay is voluntary.

2) The following employees shall not have grievance rights:

i) An employee who has not attained permanent status in any class and is given a demotion appointment to a lower class shall not have the right to grieve the demotion.

ii) An employee who is promoted and subsequently demoted, with or without a reduction in base pay, prior to attaining permanent status in the higher class shall not have the right to grieve the demotion and/or reduction in pay, unless such demotion is a lower class than the class in which the employee was serving prior to promotion.

iii) An employee whose position is reclassified to a lower class which results in a demotion appointment shall not have the right to grieve the demotion.

Procedure

Voluntary Demotion:

Employee
An employee may apply for or request an appointment to a position vacancy, which by definition, represents a demotion for personal or professional reasons.
Department
The hiring official shall provide salary recommendations to the appropriate Vice President and Department of Human Resources. The hiring official should take into consideration factors such as: training and experience of the employee in relation to minimum qualifications for the lower class, required or preferred skills of the position, length of service, salary comparison of employees within the class and within the department, etc.
Vice President
Provide recommendation regarding the salary request and forward to Department of Human Resources.
Department of Human Resources and Budget Office
Approve or disapprove the salary recommendation and prepare a written statement indicating the conditions of the demotion appointment for signature by the employee.
Employee
Review and sign voluntary demotion statement form.

Involuntary Demotion:

Department
The Department, through the appropriate unit head (i.e. Dean, Director), shall provide salary recommendations to Department of Human Resources and the appropriate Vice President that action be taken to effect a demotion of an employee. Such request may be as a result of below standards performance or progressive disciplinary action, in accordance with applicable Personnel rules, policies and procedures.
Vice President
Provide recommendation regarding the salary request and forward to Department of Human Resources.
Department of Human Resources
Review the department recommendations in accordance with applicable Personnel rules. Identify a vacant position which represents a demotion appointment. Take appropriate action, in conjunction with the affected department, to determine the base rate in accordance with this policy. Advise employee of proposed demotion appointment in accordance with applicable Personnel rule and/or collective bargaining agreement prior to effecting the demotion appointment.

Involuntary Demotion resulting from a reclassification action:

Department of Human Resources
Advise the appropriate administrator and employee that the position is being recommended for reclassification to a lower pay grade as a result of changes in the assigned duties and responsibilities of the position.
Department Head
Review recommendation from Department of Human Resources. Provide recommendation to the respective Vice President regarding the salary level for the affected employee. The department head’s recommendation may consider factors such as the training and experience of the employee in relation to minimum qualifications for the lower class, required or preferred skills of the position, length of service, salary comparison of employees within the class and within the department, etc.
Vice President
Provide recommendation regarding the salary request and forward to Department of Human Resources.
Department of Human Resources
Review the department recommendations. Implement the reclassification and adjust employee’s base rate of pay in accordance with this policy.

HOURS OF WORK - Support Personnel

The normal workweek for full-time Support Personnel employees is 40 hours, beginning at 12:00 a.m. Sunday and ending at 11:59 p.m. Saturday. All offices which regularly serve the public must, at a minimum, maintain business hours of operation from 8:00 a.m. to 5:00 p.m. Monday through Friday.

The establishment of flexible scheduling, within the 40 hour workweek, to meet the special needs of individual departments and clientele is encouraged, including evening and weekend programs. Any permanent or long term change in the length of the workday, such as establishment of four ten-hour days or four nine-hour days and one four-hour day, must be approved by the respective Vice President.

The length of the workday may be temporarily scheduled at more or less than 8 hours when such adjustments are determined by the supervisor or department head to be necessary or advantageous. In the event a supervisor must assign an employee to work in excess of 8 hours in a workday, the supervisor should attempt to alter the remaining work schedule, within the current 40 hour workweek to avoid an overtime compensation obligation.

Overtime is defined as the actual hours of work required to be performed by an employee that are in excess of 40 hours during the established workweek. The term "actual hours of work" does not include leave hours taken and/or holidays that occur during the work week.

Employees are required to be present on the assigned job for the total number of hours for which he/she is compensated.

An employee who is eligible for overtime pay (the position classification is "non-exempt" according to the Fair Labor Standards Act), shall not be permitted to begin work before the established starting time, nor work after the established quitting time unless the additional work is specifically authorized in advance by the supervisor or department head. The assignment of additional work hours which may result in overtime and/or earning of compensatory leave must be approved by the dean or department head prior to an employee working in excess of 40 hours during the established workweek. Emergency conditions, in which prior approval could not be secured, may be retroactively approved by the dean or department head.

Work performed by an employee who is not eligible for overtime payment (Fair Labor Standards Act classification "exempt"), before the established starting time or after the established quitting time, may not be considered as approved hours worked and compensation or compensatory time not provided.

Official travel during an employee's normal working hours, whether on regular workdays or regular days off, will be counted as hours worked. When an employee is in official travel status, time spent in travel beyond the normal workday on the first and last day of such travel will be considered as hours worked.

Supervisors should refer to the "Overtime and Compensatory Leave" policy in determining other overtime issues.

Supervisors may allow employees to take one 15 minute work break during the first half of their work shift and one 15 minute work break during the second half of their work shift. Work break time can not be used to make up for an employee's late arrival or early departure from work. Employees do not accumulate unused work breaks. Supervisors should not unreasonably deny work breaks; however, it is recognized that some positions may not permit the employee to actually leave his/her work area.

Procedure

Department
Determine the service hours of operation for department/units with minimum business hours of operation from 8:00 a.m. to 5:00 p.m., or equivalent for evening or weekend programs. Every effort shall be made to lengthen hours of operation during peak times.
The established work schedule for the department should be communicated to employees and clients (students, faculty, staff), including any adjustments to the schedule. The department head is also responsible for the accurate completion of time sheets, leave records and requests for authorization to assign additional hours, when required.
Vice President
Review and approve or disapprove requests for alternate hours of operation for a department/unit or requests for variations in the established workday/week, when appropriate.
Department of Human Resources
Administer and interpret SUS and University policies and procedures relating to hours of work.
HR/Payroll
Receive, pre-audit and process time sheets and leave usage for appropriate issuance of salary warrants.
Form
Support Personnel Attendance and Leave Report available on the forms page of the HR website.

ON-CALL ASSIGNMENT - Support Personnel

On call assignment shall be defined as any time when a Support Personnel employee is instructed by management to remain available to work during an off duty period. The employee shall be requested to stay in a fixed location, or leave word where he/she may be reached by phone or electronic signaling device in order to be available to return to a work location on short notice to perform assigned duties.

An employee may be instructed verbally to be on-call for up to twenty-four (24) consecutive hours. However, no employee shall be required to be on-call for more than twenty-four (24) consecutive hours unless such instructions are in writing.

An employee shall be compensated by payment of $2.00 per hour for each hour the employee is on call.

If an on-call period is less than one (1) hour, the employee shall be paid for one hour.

Call Back: If an employee is called back to work beyond the employee's scheduled hours of work for that day, the employee shall be credited for the actual time worked, as well as the time to and from the employee's home or a minimum of two (2) hours, which ever is greater.

Procedure

Supervisor/Department Head
Assign employee to be on-call and provide electronic signaling device, if appropriate. Notify HR/Payroll of all hours during which the employee is eligible for on-call payment. Notify employee to return to duty as appropriate.
Employee
Remain available for call-back assignment according to instructions and immediately respond to assigned work location as directed. Report all on-call hours according to HR/Payroll requirements.
Forms
On Call Log  - available on the forms page of the HR website
Support Personnel Timesheet  - available on the forms page of the HR website.

SPECIAL PAY INCREASES FOR SUPPORT PERSONNEL EMPLOYEES

a) Overview

The types of special pay increases listed below may be granted to Support Personnel employees without a change in the employee’s current appointment status, position number, classification and/or pay grade. The authority for approving requests for these special pay increases has been delegated by the President to the respective Vice President. This authority cannot be further delegated within the University.

Special pay increases may not be granted for recognizing exemplary performance of regularly assigned duties or increased volume of work, when the provisions of other rules, or delegated authority are applicable, or when funding is not available. In addition, a special pay increase cannot result in an employee's base rate of pay exceeding the maximum of the applicable salary range.

The following procedures are intended to provide guidelines and criteria for requesting special pay increases and recommending their approval or disapproval. Additional guidance, assistance, and information may be requested from Human Resources, as necessary.

b) Types of Special Pay Increase Requests

1) Assigned Duties

An employee may be granted a salary increase if he/she is assigned new duties which are expected to continue for an indefinite period and which reflect a significant increase in the level or nature of duties performed.

* If the employee is remaining in his/her current position and classification, the increased assigned duties (i.e., additional staff or programs to supervise) must be significant and relevant to current job responsibilities and must result in a higher level of job complexity.

* If the employee is reassigned to a different position or the same position in a different class in the same pay grade, the new responsibilities (i.e., additional staff or programs to supervise) must be significant and result in a higher level of job complexity. If additional duties accompany the reassignment, the duties must be relevant to job responsibilities of the new position.

2)Market Conditions

i) Counter-Offer - An employee may be granted a salary increase as an incentive not to accept a non-University System job which has been offered to him/her. There must be written confirmation of the outside job offer.

ii) Retention of Employee - An employee may be granted a salary increase if there is a reasonable, documented expectation that the employee could receive an offer of employment from outside the University at a higher salary. There must be documentation that the University has a considerable investment in this employee.

*The increase cannot place the employee's salary at a rate higher than the documented local labor market salary for comparable jobs.

*Any market salary data used for comparison purposes must be validated by Human Resources.

iii) Salary Compression - An employee may be granted a salary increase to maintain an appropriate pay relationship between such employee and other employees subsequently hired at above-base appointment rates. There must be documented recruitment problems and an explanation regarding why new employees are being hired above the minimum.

*The above-base appointment rates must have been necessitated by difficulty in recruiting qualified applicants due to local labor market conditions.

*Any market salary data used for comparison purposes must be validated by Department of Human Resources.

3) Internal Salary Inequity

An employee may be granted a salary increase if documentation indicates that specific circumstances have resulted in an inequity and effect on the employee's salary in comparison with other employees' salaries.

c)Procedure for Submitting Special Pay Increase Requests

1) The requestor (supervisor or other appropriate authority) completes a written request including complete information and documentation to support the request for submission to Dean or Director.

2) Dean or Director reviews request and recommends endorsement or denial. Endorsed request, with justification, is forwarded to Department of Human Resources. Any request not recommended for approval is returned to the requestor with written justification.

3) Department of Human Resources reviews the request to determine that documentation and justification is consistent with the special pay policy and provides recommendation for approval to the respective Vice President. Any request not recommended for approval is returned to the requestor with written justification.

4) The respective Vice President fprovides approval of the request including confirmation of salary/rate for the request. Any request not recommended for approval is returned to the requestor with written justification.

5) Upon approval by the President, request is forwarded to Department of Human Resources for implementation.

d)Processing Approved Special Pay Increases

The Director of Human Resources/designee will notify the requestor in writing, of approval or disapproval of the request.

After the requestor has received written notification of approval of the Special Pay Increase, the employee's department submits a completed Personnel Action Form with "Special Pay Increase" indicated in the remarks section.

The special pay increase shall be effective on the date approved by the President unless a different effective date is specifically authorized.

Situations Warranting Special Pay Increase for Assigned Duties

a) Employee has been assigned first-time supervisory responsibility for employees in established positions (supervision of OPS, CWSP or volunteers are not included).

b) Employee has been assigned responsibility for a new program which requires acquiring new knowledge, skills or abilities and increases the employee's authority.

c) Employee's scope of work has been broadened, including, but not limited to an increased level of contacts (internal, external or both) and expanded problem resolution (i.e., employee previously had department-wide responsibilities but now has college-wide responsibilities).

d) Newly Assigned Duties:

1) result in increased independence, autonomy, accountability and/or consequence of error for the employee.

2) require that the employee receive specialized training involving other than advanced technology or acquire new knowledge, skills or abilities.

3) have been delegated from a higher-level position and require higher-level education and/or training to perform.

Situations Not Warranting Special Pay Increases for Assigned Duties

a) Duties of a vacant position have been assigned to the employee to circumvent filling of the vacancy.

b) Recognition of the employee's exemplary performance of regularly assigned duties which fall within the scope of the employee's classification.

c) Recognition of the employee's longevity in performing the specific job or length of service with the university, college/division or department.

d) Employee has achieved certain milestones in the normal training process for learning the job.

e) Duties are included in the current position description but were not previously performed.

f) Employee has begun using new methods, tools or advanced technology (i.e., personal computer, new application software, on-line data processing, upgraded telephone console) to perform regularly assigned duties (i.e., duties remain the same but the means of accomplishing them have changed).

g) Employee has been assigned more subordinates performing similar duties as those performed by existing subordinates or assigned new supervisory responsibility for OPS, CWSP or volunteers.

h) Employee has been assigned responsibility for a new program which does not require acquiring new knowledge, skills or abilities or does not increase the employee's authority.

Procedure

Requestor
Completes the Support Personnel Special Pay Increase Request Form and includes appropriate supporting documentation and submits the request to Dean or Director.
Dean or Director
Reviews request and recommends endorsement or denial. Endorsed request, with justification, is forwarded to Department of Human Resources . Denial is returned to requestor.
Department of Human Resources
Reviews request to determine that documentation and justification is consistent with special pay policy and provides recommendation for approval to the respective Vice President. Request not recommended for approval is returned to requestor.
Vice President
Forwards request recommended for approval to University Budget Office for confirmation of salary/rate and submission to the President. Any request not recommended for approval is returned to requestor.
If request is approved by the President, it shall be forwarded to Department of Human Resources for implementation.
Department of Human Resources
Notifies employee's department of approval and maintains documentation for quarterly reporting to the Chancellor.
Employee's Department
Prepares a Personnel Action Form, indicating "Special Pay Increase" in the remarks section, and submits it to Department of Human Resources.
Forms
Support Personnel Special Pay Increase Request - Available on the Share Drive in Forms/HR Forms

Eff. 12/96

SUPPORT PERSONNEL PAY UPON PROMOTION

Support Personnel employees will be guaranteed 5% above their current salary or the base of the new classification, which ever is higher, when being promoted, provided budget rate and dollars are available. Based upon documented budget difficulties, a delayed promotional increase may be approved at the time of the promotion, provided the funds become available within 12 months of the appointment effective date.

Exceptions to this policy may be made by the respective Vice President.

Eff. 4/97