417 Temporary Assignment to Nonbargaining Unit Positions (Career Employees)

417.1 Definitions

417.11 Temporary Assignment

A temporary assignment is the placement of a career employee in another established position which is vacant, or from which the incumbent is absent from duty, to perform duties and responsibilities other than those specifically set forth in the employee’s position description, when the employee is not awarded the position on a regular basis.

417.12 Pay Schedule and Premiums

The salary of a career employee who is temporarily assigned to an EAS position is based on the career EAS schedule. However, employees continue to receive pay premiums applicable to their permanently assigned positions while temporarily assigned to EAS positions.

An FLSA-exempt employee who has been temporarily assigned to perform in an FLSA-nonexempt work position for more than 50 percent of the work hours for the week may be eligible for FLSA overtime for hours actually worked over 40 in that FLSA workweek. (See 417.2 to determine the FLSA status of an employee temporarily assigned to an EAS position.)

417.2 Assigning FLSA Status

It is the policy of the Postal Service that an employee performing work in a position with a different FLSA classification will be classified for FLSA pay purposes as follows:

  1. For an FLSA-exempt employee temporarily assigned to an FLSA-nonexempt position:
    1. For the first full pay period of the temporary assignment — the employee’s FLSA status remains exempt.
    2. For all pay periods beginning after the first full pay period — the employee’s FLSA status is changed to nonexempt and the employee is eligible for FLSA overtime compensation.
    3. Note: PS Form 50, Notification of Personnel Action, must be issued when the employee’s FLSA status changes to and from FLSA nonexempt status.

  2. An employee whose position of record is nonexempt will not be re-classified as FLSA exempt when temporarily assigned to a position that is classified as FLSA exempt, regardless of the length of the temporary assignment.

417.3 Rates of Pay

417.31 Lower Grade

Employees who are temporarily assigned to perform duties of a lower grade continue to receive their existing basic salaries (see 417.2).

417.32 Same or Equivalent Grade

Employees who are temporarily assigned to perform duties of the same grade or of an equivalent grade (see 418) continue to receive their existing basic salaries (see 417.2).

417.33 Higher Grade
417.331 General Requirement

A career employee who is temporarily assigned to a higher grade position must be assigned the primary or core duties and be directed to assume the major responsibilities of the higher grade position to be eligible for higher level pay under the conditions of this section.

417.332 Employee with Rate Retention

When an employee who has rate retention is assigned to a different position, it is not considered a higher level assignment unless that position is at a grade higher than the grade on which the rate retention was established.

417.333 Higher Level Pay Eligibility

An employee whose temporary assignment meets the conditions described in 417.334 is eligible for higher level pay when temporarily assigned to an authorized established EAS position in a higher grade than that of the position to which permanently assigned, except as follows:

  1. Employees temporarily assigned to PCES positions.
  2. Employees in developmental programs for which management instructions provide that participants do not receive higher level pay.
417.334 Higher Level Pay Conditions

Conditions for higher level pay are as follows:

  1. EAS Employees. Higher level pay is authorized — via approved PS Form 1723, Assignment Order — to eligible EAS employees during each temporary assignment to higher level EAS positions in Headquarters, Headquarters-related units, area offices, and field installations for all such service beginning after 5 consecutive workdays, excluding breaks for normal days off, and continuing for the duration of the assignment. In situations when an employee is assigned from one higher level assignment to another higher level assignment, a new 5-day waiting period is not required. Different employees are not to be assigned consecutively to the same vacancy solely to avoid the higher level pay requirements.
  2. Bargaining Unit Employees. Bargaining unit employees, both career and eligible noncareer, are authorized higher level pay — via approved PS Form 1723 — for all time worked on higher level assignments. They receive certain bargaining unit pay premiums according to their bargaining unit agreement when temporarily assigned to a nonbargaining position. However, they are not also eligible for supervisory differential adjustment (SDA) or the Pay for Performance Program.
417.335 Payment Amount

Higher level pay is calculated as follows:

  1. To or Within the EAS Schedule, Except Rural Carriers. The employee receives a salary increase equal to 5 percent of the employee’s actual salary or the minimum salary for the higher grade, whichever is greater. Total higher level compensation may not exceed the maximum salary rate of the higher level position in which such service is performed, or the employee’s existing salary if above the maximum of the range for the higher grade.
  2. From Rural Carrier to Nonbargaining Unit Schedule. A rural carrier is paid based on the assigned route’s evaluation for the first 30 days of a temporary higher level assignment. At the beginning of the pay period following this 30-day period, the carrier’s salary is converted to that of a 40–hour route, attained step. The salary is then adjusted in accordance with 417.335a.
417.336 Payment Factors

Payment factors for nonbargaining employees include:

  1. Holiday Pay. An employee receives holiday leave pay for the holiday at the rate of the higher level position, provided the employee received the higher level pay for both the full workday preceding the holiday and the full workday following the holiday. If the employee works in the higher level position on a holiday, he or she is paid at the rate of the higher level position for work in the higher level position on a holiday.
  2. Annual, Sick, Holiday, or Other Paid Leave during Higher Level Service. The following applies:
    1. Except as provided in (2) below, when full-time employees are absent on approved annual, sick, or other paid leave falling within a period of temporary assignment to a higher level position, they receive leave pay at the rate for the higher level position provided they receive higher level pay for both the full workday immediately preceding and the full workday immediately following the period of absence.
    2. If a second person is assigned to replace the absent employee, the original temporary higher level assignment is canceled and the absent employee has no entitlement to higher level pay for the parts of the leave period during which he or she is replaced.
  3. Assigning FLSA Status. See 417.2.

417.4 Officer in Charge

417.41 Definition

The assignment to be an officer in charge (OIC) is the temporary assignment of an employee to act as postmaster during which the accountability of postmaster is transferred to the employee.

417.42 Basis for Rate of Pay

The salary of a career employee temporarily assigned to a Post Office as OIC is based on the grade of the Post Office to which he or she is assigned and is determined in accordance with the provisions of 417.3. The salary of a noncareer employee assigned to a Post Office as OIC is set in accordance with 419.2.