DUAL EMPLOYMENT

 

1. General

General Provisions of the General Appropriations Act reads as follows:

"No employee of any state department or institution shall be paid any compensation from any other department of the state government except those approved under the provisions of Regulations 19-702.09 of the 1976 Code, as amended, and no employee of any department or institution shall be paid travel expenses by any other department or institution without approval of the agency by which he is regularly employed. The Comptroller General shall report, after June thirtieth of each year, to the House Ways and Means Committee and the Senate Finance Committee the names of all employees receiving dual compensation and the amounts received."

"The provisions of Regulation 19-707.02 and Section 8-5-10 of the 1976 Code, as amended, shall not apply to employees hired for 120 days or less."

No agency head may be dually employed by another State agency or institution of higher education without prior approval by the Agency Head Salary Commission and the State Budget and Control Board.

The authority for approval by the Budget and Control Board for Dual Employment has been delegated to the Office of Human Resources.

Any employee who is approved for dual employment must be paid in a timely manner. The secondary agency is required to make payment of funds approved for and earned under dual employment within forty-five days of the beginning of the employment.

Payments, other than travel expenditure, made to employees in Dual Employment status must be considered Personal Service and paid on payrolls. No dual employment payments will be made on contingent disbursement vouchers. The procedures outlined in the following subsections will apply when requests for approval for dual employment are submitted.

2. Request for Dual Employment

The requesting (secondary) agency shall, in conjunction with the employing (home) agency, present requests for dual employment to the State Budget and Control Board, through the Office of Human Resources, using the Dual Employment Request form and completed in this sequence:

  1. All information other than signatures should be typed.

  2. Requesting (secondary) agency shall enter:

    1. name of requesting agency and/or department

    2. name of applicant (employee) requesting dual employment

    3. social security number of employee

    4. brief description of services to be performed (indicate credited course and title; indicate non-credited course; describe seminar, workshop or special lecture; describe research activities; other activities).

    5. duration of services and compensation proposed

      1. date services begin

      2. date services end

      3. when work is performed, e.g., 7:30 P.M.-9:00 P.M.; weekends; if intermittent or on-call, indicate in comment section whether or not services will at any time conflict with normally scheduled hours of work

      4. total number of hours work performed

      5. hourly rate (if applicable)

      6. total gross salary

    6. record comments where appropriate

    7. employee's signature and date

    8. authorized signature - notify the Office of Human Resources of person or persons authorized to approve dual employment - enter date approved.

  3. Employing (home) agency shall enter:

    1. name of employing agency and/or department

    2. applicant (employee) information

    1. class code

    2. slot number

    3. present annual salary

    4. Normally scheduled hours of work; e.g., 8:30 A.M. to 5:00 P.M.; 37-1/2 or 40 hours, Monday-Friday (M-F); other

    5. authorization for secondary (requesting) agency to pay the employee travel and subsistence - state laws on payment of travel and subsistence to employees requires that an agency must obtain permission from the employing (home) agency to pay the employee for travel and subsistence expenses incurred in performing services for another state agency.

    6. Annual Leave or Leave Without Pay documentation - 

      Annual Leave is required if the employee is requested to provide services to another state agency during hours that will conflict with the normally scheduled hours of work at the employing (home) agency.

      Leave Without Pay is required if the employee is requested to provide services to another department or section within the same agency during hours that will conflict with the normally scheduled hours of work of the position the employee is permanently assigned.

    7. authorized signature and date approved - notify the Office of Human Resources of person or persons authorized to approve dual employment.

3. Requests - Office of Human Resources Review
  1. The Office of Human Resources shall review all requests for completeness of information and compliance with the dual employment rules.

  2. After appropriate review and consideration of the requests by the State Budget and Control Board through the Office of Human Resources, the dual employment request forms shall be forwarded to the requesting (secondary) agency by the Office of Human Resources with notification of approval or disapproval.

  3. Upon notification of approval, the requesting (secondary) agency will be responsible for forwarding the approved form to the Comptroller General's Office. The requesting (secondary) agency will also be responsible for forwarding the home agency copy of the approved dual employment form to the employee's home agency.

4. Method of Payment

The Appropriations Act requires that the employee must be paid for services rendered in a dual employment capacity by the secondary agency. The procedure to be followed is:

  1. An intradepartmental transfer will be used to record dual employment entrieswithin the secondary agency.

  2. Each agency has been assigned a dual employment account that will be used for any dual employment transaction.

  3. A dual employment account (Subfund Detail Number 3003 Dual Employment, Object Code 0187) must be used when compensating the individual.

  4. The intradepartmental transfer must include funds to cover the gross salary and fringe benefits.

  5. Payment to the individual approved for dual employment must be made on the secondary agency's payroll voucher using the Dual Employment Subfund 3003 and Object Code 0187.

  6. The approved Dual Employment Request Form must be attached to the IDT and to the Payroll Voucher when submitted to the Central State Audit Division of the Comptroller General's Office.

5. Amendments, Cancellations, Exceptions and Multiple Requests
  1. Amendments - Any changes in an approved dual employment contract affecting the duration of services and/or compensation proposed should be reported by the Requesting (Secondary) Agency to the State Budget and Control Board through the Office of Human Resources.

    1. Extension of Services - a revised Dual Employment Form shall be submitted reflecting a date commencing after the last date for termination of services approved by the original form. All other information should be entered as necessary.

    2. Underpayment for Services - a revised Dual Employment Form shall be submitted to reflect all original information except compensation proposed. Compensation proposed shall reflect only the difference in the original amount approved and the amount actually incurred. Processing will follow normal procedures.

  2. Cancellations - The Requesting (Secondary) Agency shall promptly notify the Comptroller General's Office, Office of Human Resources, and the employee's home agency in the event services to be performed under dual employment are canceled.

  3. Exceptions - requests for exceptions to established dual employment policy shall be submitted in writing to the Office of Human Resources along with the applicable dual employment form(s).

  4. Multiple Requests - The Multiple Dual Employment List Form (CC-CL-021-81/05) should be completed when several employees within the same agency are requested to provide the same or similar services in another capacity at the agency. This is for agency internal dual employment and may be used in such cases as extra-contractual academic course instruction, ushers for special events, seminar or workshop participants, etc. This form supplements the regular dual employment form and should be submitted at the same time. When submitted concurrently, the regular dual employment form shall reflect the common conditions under which services are to be performed and the cumulative total of salaries proposed to be paid to the employees itemized on the Multiple Dual Employment List Form.

6. Reimbursement of Travel Expense

The reimbursement of travel expenses for State employees in a Dual Employment status should be paid by the secondary agency to the employee on the contingent travel voucher. The usual documentation is needed to support the request for travel expense reimbursement and also a letter from the Home Agency or copy of the Approved Request for Dual Employment authorizing the secondary agency to make payment to the State employee in a Dual Employment status (see Workers Compensation Commission in the Subsistence Section and Dual Employment in the Mileage Section).