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, (four (4) consecutive workdays for an employee on a four-ten (“4/10”) work 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 following conditions:
(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 assignment to work out of classification which extends beyond twenty (20) working days be approved by the Human Resources Director, a copy of the approval form 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 Director. If the Human Resources 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 Human Resources Director, whose decision shall be final.
If an employee has been receiving pay for work out of class as provided in this MOU or in the Salary Ordinance for thirty (30) or more calendar days immediately preceding a paid holiday, the commencement of a vacation, the commencement of a paid sick leave period, or compensatory time off, as the case may be, the work out of class pay shall be included in such employee’s holiday pay, vacation pay, paid sick leave or paid compensatory time.