When an employee has been assigned in writing by the department head or designated representative to perform the substantive duties of a permanent position having a different classification and being paid at a higher rate, and if he/she has worked in such classification for five (5) consecutive workdays (or four (4) consecutive workdays for employees on a “4/10” schedule) he/she shall be entitled to payment for the higher classification, as prescribed for promotions in subsection 5.5 of this MOU, retroactive to the first (1st) workday and continuing during the period of temporary assignment, under the conditions specified below:
(1) The assignment is caused by the temporary or permanent absence of the incumbent, or the assignment is caused by a special project or need;
(2) The employee performs the duties regularly performed by the absent incumbent, or at the classification level for the special assignment, and these duties are clearly not included in the job description of his/her regular classification;
(3) The temporary assignment to work out of classification which extends beyond twenty (20) working days be approved by the Human Resources Department Director, a copy of the approval form to be given to the employee; and
(4) A copy of the department head’s written approval must be submitted in advance to the Human Resources Department Director. If the Director determines that he/she will not approve pay for work in the higher classification which exceeds twenty (20) workdays, the employee will be so notified and have the opportunity to discuss this matter with the Director whose decision shall be final.
(5) Should a Work Out of Classification assignment extend beyond one (1) year (or one (1) full year equivalent for part-time workers), that worker’s salary shall be raised to the next step in the classification in which the worker is working out of classification, except that the increase shall not exceed the maximum salary of the higher classification.