Civil Service Bulletin 5.13

DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
BUREAU OF HUMAN RESOURCES

September 18, 1998

CIVIL SERVICE BULLETIN 5.13

TO:	Department Heads, Human Resource Representative, Directors of Administrative Services, EEO Officers
SUBJECT:	Project Employment
REFERENCE:	Civil Service Rules, Ch. 5, Sec. 3, Sub-sec. A, 6. "Project Employment"

The purpose of this bulletin is to clarify conditions of employment associated with Project positions in response to recent legislative changes.

DEFINITION: Project positions are defined as positions that are restricted to a planned work program that has a planned duration of 365 days or less and which is not of a seasonal or regularly recurring nature.

PROJECT APPOINTMENT:

Project appointments must be assigned to an existing classification.
Project appointments are direct hire.
Project employees must meet the minimum qualifications established for the classification.
Project employees must join the Maine State Retirement System.
Project appointments are not subject to civil service register and certification requirements.
Project employees are not eligible to apply for Agency or Statewide Promotional opportunities.
Project employees do not have layoff or recall rights.

PROJECT BENEFITS: Project employees are entitled to benefits provided by law, Civil Service Rules, or regulation. They are not entitled to benefits derived from collective bargaining agreements or from the Confidential benefits package.

Project employees are eligible for/to:

Health and dental insurance (Application procedures, effective dates and rates are the same as that for regular employees.)
Participation in a Deferred Compensation plan
Mileage allowance (when required for state business)
Lodging and meal expense reimbursement (when required for state business)
Paid Military Leave for Annual Training only [Reference 37-B M.R.S.A. § 342(5)(B)]
Storm/Emergency closures

Project employees are not eligible for/to:

Life Insurance (Full-time Project employees may continue to be insured if he or she was insured as an eligible employee immediately prior to Project appointment.)
Sick Leave (at any time during the Project appointment)
Vacation Leave (at any time during the Project appointment)
Holiday Pay
Personal Leave Days
Bereavement Leave
Child Care Reimbursement
Court Service Leave (Note: Project employees must be released for required court service, but are not in pay status. Project employees may retain any payment for court service provided by the court.)
Telephone expense allowance
Uniform maintenance allowance
Creditable service for vacation accrual purposes (for time in Project employment if later appointed to a position with status)
Seniority (for time in Project employment if later appointed to a position with status)
Longevity (for time in Project employment if later appointed to a position with status)
Other paid absences during assignment (eg.: to take state exams or interview for a position with status)

COMPENSATION:

Because the benefits for Project employees are significantly limited, Civil Service Rules provide the authority to compensate employees above the maximum step of the established salary range. Nevertheless, all appointments above the minimum rate must be requested and approved in advance by the Director, Bureau of Human Resources.
Overtime should be paid in accordance with FLSA. That is, premium time (1.5) for actual work over 40 hours for non-exempt employees. (Note: Premium overtime over 8 hours in a day, or the regularly scheduled workday, is not appropriate.)

Additional References:

1. Human Resources Memorandum 8-98 (06/18/98)
2. Joint Policy and Procedures Memorandum. "Implementation of PL 1997, Ch.643, Part Y, Creation of Positions"

/S/
Donald A. Wills, Director
Bureau of Human Resources
DAW/pjs