FAQs about Legislative Act 377

What does the phrase "neither the supervisor nor anyone in his/her direct line of supervision will receive an increase in compensation" mean exactly?

If any academic or professional supervisor of a classified employee does not complete the performance evaluation of that classified employee within 60 calendar days before or on the employee’s anniversary date, neither the supervisor nor his superiors, up to and including the chair of the Board of Supervisors, will receive an increase in compensation (including promotions, merit increases, equity increases, or increases for additional duties).

If a rating is missed one year, when will the supervisor become eligible for compensation increases again?

All impacted supervisors will become eligible for compensation increases on the employee's next anniversary date.

I am a classified supervisor of a classified employee. If I miss my employee's evaluation, how will that impact my unclassified supervisor?

Failure to conduct your employee’s evaluation will result in your ineligibility for a merit increase that year, in addition to an "unrated/satisfactory by default” rating for your employee. However, your unclassified supervisor will not be negatively affected.

If merit increases are not being given, are performance evaluations required?

Yes; the Department of State Civil Service still requires compliance with Chapter 10 regardless of the status of merit increases for classified employees. Performance evaluations serve as a foundation for aligning employee performance with institutional plans and goals. Performance ratings should also be used as a basis for actions apart from merit increases including promotions, career development, training, and recording job performance strengths and weaknesses for future action.

I'm an academic or professional supervisor and I've missed the deadline for conducting my classified employee's evaluation, which resulted in an "unrated/satisfactory by default" rating. Can I avoid the negative impact to the chain of command if I eventually conduct the evaluation?

No; if the evaluation is not completed within 60 calendar days before or on the classified employee’s anniversary date, neither the unclassified supervisor nor anyone in his/her direct line of supervision (up to and including the chair of the Board of Supervisors) will receive an increase in compensation (including promotions, merit increases, equity increases, or increases for additional duties).

I supervise a classified employee who has tendered his/her resignation effective one week after his/her anniversary date. Is a performance evaluation required?

Yes; compliance is required regardless of anticipated separation date. The employee was still here as of the eligibility date. A close out PPR is always good, as the employee may seek re-employment.

My classified employee will be out on FMLA leave or military leave on his/he anniversary date. Will this situation be considered an exception?

(a) No; Try to get the PPR done before the employee goes on FMLA or military leave, if the time applies within the (60) sixty day window.

(b) No; If you are not able to conduct the PPR within the (60) sixty day window, please contact the Classification & Pay Section of Human Resources for further guidance.

I am a new supervisor who was just hired one month before my employee's anniversary date. What is my responsibility in evaluating my classified employee?

Generally, the supervisor evaluating the employee should be the person who is in the best position to observe and document the employee's performance. Therefore, the new supervisor may need input from another supervisor who fits this definition. Utilization of the position description (SF-3) is the basics for the evaluation process. Contact the Classification & Pay Section of Human Resources for guidance if needed.

Are there any other reasons that I should meet with my employee to discuss their performance?

Yes; in addition to the annual review, Performance Planning sessions should be conducted:

a) When an employee receives a promotion or reallocation during the rating period. A planning session is required no later than 30 days after the effective date of the promotion / reallocation. Use the planning session to inform the employees of the performance requirements of the position / job.

b) When an employee is hired. New employees must receive a planning session within 30 days of their appointment. This is followed by the normal annual review that should take place within 60 days of the end of the first six months of continuous service.

c) To provide feedback to the employee of his performance is the supervisor’s responsibility; to discuss with the employee performance throughout the year; to provide assistance as needed, take appropriate action if needed, and provide the employee a reasonable period of time to correct any performance problems.

How do I determine my classified employee’s anniversary date?

It is not the supervisor who determines the anniversary date. For a newly hired employee, that is determined by the date the employee was hired (six months from the date of hire). That date can be found in the PeopleSoft system under the Employment Data panel.