Ask The Lawyer

By Debra Roth

Q & A Session – Temporary Promotion

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I moved from a nonsupervisory position to a supervisory position for about 10 months and then was returned to my original assigned position after my request. I have asked for temporary promotion pay. Should my agency pay compensation for the detail to a higher graded position?

A:

Because you served in a higher pay band on your detail and that would equate to a temporary promotion, it appears that your pay for that period of time was supposed to increase by a minimum of 6%, and up to 20% with management approval.  Your base salary then should have reverted to the salary of your permanent position upon termination of the detail.

Agencies are not required to officially document details under NSPS unless the detail exceeds one year, crosses component and/or agency lines, assigns an employee from NSPS to another pay system within the component (i.e., NSPS to General Schedule), or documents developmental rotational assignments or deployment.  Although NSPS does not require a detail to be documented solely because it goes beyond 180 days, individual components may have such a requirement in those circumstances and so you would need to check with yours.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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Comments

  1. L Morgan Says:
    March 19th, 2012 at 2:01 am

    If a person works in temporary promotion for 15 months for 2 units isn’t there recourse to obtain sf52 and permanent position to 15 position. The perso was 14 She was paid overtime but no t pro. Somehow this seems unjust. She actually did the job of deputy assistant director for 8 months

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