Pay for Higher Graded Duties Sample Clauses

Pay for Higher Graded Duties. 1. An employee who is assigned duties of a higher pay grade shall be entitled to pay at the higher rate for the entire period during which the higher graded duties were assigned. 2. Employees who perform higher-graded duties without compensation in violation of Section 17.2(6) shall be considered to have suffered an unjustified or unwarranted personnel action and shall be entitled to retroactive compensation IAW 5 USC § 5596 – Back Pay for a period of up to six (6) years prior to the day that they file a claim under the negotiated grievance procedure contained in Article 12. Back pay claims are considered continuing violations for the purposes of the time limits contained in Section 12.4(3) and may only be barred if the claim exceeds the statutory limitations of 5 USC § 5596(b)(4).
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Pay for Higher Graded Duties. 1. An employee who is assigned duties of a higher pay grade in excess of fourteen (14) days IAW Section 17.2(5) shall be entitled to pay at the higher rate for the entire period during which the higher graded duties were assigned. 2. Employees who perform higher-graded duties without compensation in violation of Section 17.2(5) shall be considered to have suffered an unjustified or unwarranted personnel action and shall be entitled to retroactive compensation IAW 5 CFR Subpart H – Back Pay for a period of up to six (6) years prior to the day that they file a claim under the negotiated grievance procedure contained in Article 12. Back pay claims are considered continuing violations for the purposes of the time limits contained in Section 12.4(3).
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Pay for Higher Graded Duties. 1. An employee who is assigned duties of a higher pay grade shall be entitled to pay at the higher rate for the entire period during which the higher graded duties were assigned. 2. Employees who perform higher-graded duties without compensation in violation of Section 17.2(6) may be entitled to retroactive compensation IAW 5 USC § 5596 – Back Pay for a period of up to six (6) years prior to the day that they file a claim under the negotiated grievance procedure contained in Article 12 (Grievance and Arbitration). Back pay claims are considered continuing violations for the purposes of the time limits contained in Section 12.4(3) (Union or Employee Grievance Procedures) and may only be barred if the claim exceeds the statutory limitations of 5 USC § 5596(b)(4).
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Pay for Higher Graded Duties. 1. Employees who perform higher-graded duties without compensation in violation of Section 17.2(5) shall be considered to have suffered an unjustified or unwarranted personnel action and shall be entitled to retroactive compensation IAW 5 CFR Subpart H – Back Pay for a period of up to six (6) years prior to the day that they file a claim under the negotiated grievance procedure contained in Article 12. Back pay claims are considered continuing violations for the purposes of the time limits contained in Section 12.6(3) and 12.7(2).
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Pay for Higher Graded Duties. 1. Notwithstanding Paragraph 4, an employee who is assigned duties of a higher pay grade in excess of twenty (20) consecutive days IAW Section 17.2(4) shall be entitled to pay at the higher rate for the entire period during which the higher graded duties were assigned and will be processed for a temporary promotion. This includes temporarily assigning substantial supervisory duties to an employee to cover for the absence of the regular supervisor. Promotions exceeding one hundred and twenty days (120) days shall be competitively announced. 2. When an employee is temporarily assigned duties of a supervisory nature, subordinate employees will be notified of the coworker’s temporary assignment of supervisory duties, to include what supervisory functions the temporary supervisor can and cannot fulfill, and who else in their supervisory chain has the authority to exercise the other managerial functions normally performed by their regular supervisor. 3. Employees who perform higher-graded duties without compensation in violation of this Section shall be entitled to file for retroactive compensation IAW 5 CFR Subpart H – Back Pay for a period of up to six (6) years prior to the day that they file a claim under the negotiated grievance procedure contained in Article 12. Back pay claims are considered continuing violations for the purposes of the time limits contained in Section 12.4(2). 4. Repeatedly assigning an employee duties of a higher grade for periods of less than twenty (20) consecutive days within any one hundred and twenty (120) day period may become the basis of a grievance.
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Pay for Higher Graded Duties. 1. An employee assigned duties of a higher pay grade for a period in excess of fourteen (14) consecutive days during any one-hundred and twenty (120) day period, the employee shall be entitled to pay at the higher rate for the entire period during which the higher graded duties were assigned. However, repeatedly assigning an employee duties of higher pay grade for periods of less than fourteen (14) consecutive days during any one-hundred and twenty (120) days period may result in those higher graded duties being compensable. 2. Claims pursuant to a violation of this Section shall be filed IAW 5 USC § 5596, the Back Pay Act. Back pay claims are considered continuing violations for the purposes of the time limits contained in Section 12.6(3).
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Related to Pay for Higher Graded Duties

  • Six Month Delay for Specified Employees If any payment, compensation or other benefit provided to the Executive in connection with his employment termination is determined, in whole or in part, to constitute “nonqualified deferred compensation” within the meaning of Section 409A and the Executive is a “specified employee” as defined in Section 409A, no part of such payments shall be paid before the day that is six months plus one day after the Executive’s date of termination or, if earlier, the Executive’s death (the “New Payment Date”). The aggregate of any payments that otherwise would have been paid to the Executive during the period between the date of termination and the New Payment Date shall be paid to the Executive in a lump sum on such New Payment Date. Thereafter, any payments that remain outstanding as of the day immediately following the New Payment Date shall be paid without delay over the time period originally scheduled, in accordance with the terms of this Agreement.

  • Termination for Nonpayment In the event of the nonpayment of fees owed to DSI, DSI shall provide written notice of delinquency to all parties to this Agreement. Any party to this Agreement shall have the right to make the payment to DSI to cure the default. If the past due payment is not received in full by DSI within one month of the date of such notice, then DSI shall have the right to terminate this Agreement at any time thereafter by sending written notice of termination to all parties. DSI shall have no obligation to take any action under this Agreement so long as any payment due to DSI remains unpaid.

  • Termination for Non-Allocation of Funds Renegotiate the Contract under the revised funding conditions; or

  • Resignation from All Positions Upon the termination or resignation of the Executive’s employment with the Company for any reason, the Executive shall be deemed to have resigned, as of the date of such termination or resignation, from and with respect to all positions the Executive then holds as an officer, director, employee and member of the Board of Directors (and any committee thereof) of the Company and any of its Affiliates.

  • Separate Payments Each installment payment required under this Agreement shall be considered a separate payment for purposes of Section 409A.

  • Special Maternity Allowance for Totally Disabled Employees (a) An employee who: (i) fails to satisfy the eligibility requirement specified in subparagraph 17.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits, and (ii) has satisfied all of the other eligibility criteria specified in paragraph 17.02(a), other than those specified in sections (A) and (B) of subparagraph 17.02(a)(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act. (b) An employee shall be paid an allowance under this clause and under clause 17.02 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance or Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons described in subparagraph (a)(i).

  • Trustee Entitled to Assume Payments Not Prohibited in Absence of Notice The Company shall give prompt written notice to the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Neither the Trustee nor the Paying Agent shall at any time be charged with the knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee or the Paying Agent, unless and until the Trustee or Paying Agent shall have received written notice thereof from the Company or one or more holders of Senior Indebtedness or from any representative therefor; and, prior to the receipt of any such written notice, the Trustee or Paying Agent shall be entitled to assume conclusively that no such facts exist. Unless at least two (2) Business Days prior to the date on which by the terms of this Indenture any moneys are to be deposited by the Company with the Trustee or any Paying Agent (whether or not in trust) for any purpose (including, without limitation, the payment of the principal of or the interest on any Security), the Trustee or Paying Agent shall have received with respect to such moneys the notice provided for in the preceding sentence, the Trustee or Paying Agent shall have full power and authority to receive such moneys and to apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary which may be received by it on or after such date. Nothing contained in this Section 12.09 or Section 12.03 shall limit the right of the holders of Senior Indebtedness to recover payments as contemplated by Section 12.02. The Trustee shall be entitled to rely on the delivery to it of a written notice by a person representing himself or itself to be a holder of such Senior Indebtedness (or a trustee on behalf of, or representative of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XII, the Trustee may request such person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such person under this Article XII, and if such evidence is not furnished, the Trustee may defer any payment which it may be required to make for the benefit of such person pursuant to the terms of this Indenture pending judicial determination as to the rights of such person to receive such payment. The Trustee shall not be deemed to owe any duty to the holders of Senior Indebtedness and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Securities or to the Company or to any other person cash, property or securities to which any holders of Senior Indebtedness shall be entitled by virtue of this Article XII or otherwise. With respect to the holders of Senior Indebtedness, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Article XII and no implied covenants or obligations with respect to holders of Senior Indebtedness shall be read into this Indenture against the Trustee.

  • Compliance with Section 409A of the Internal Revenue Code The Award is intended to comply with Section 409A of the Code to the extent subject thereto or to otherwise be exempt from Section 409A of the Code, and shall be interpreted in accordance with this intent and Section 409A of the Code and treasury regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the Grant Date. Notwithstanding any provision in the Plan to the contrary, no payment or distribution under this Plan that constitutes an item of deferred compensation under Section 409A of the Code and becomes payable by reason of your Termination of Service with the Company shall be made to you until your Termination of Service constitutes a separation from service within the meaning of Section 409A of the Code. For purposes of this Award, each amount to be paid or benefit to be provided shall be construed as a separate identified payment for purposes of Section 409A of the Code. Notwithstanding any provision in the Plan to the contrary, if you are a specified employee within the meaning of Section 409A of the Code, then to the extent necessary to avoid the imposition of taxes under Section 409A of the Code, you shall not be entitled to any payments upon your Termination of Service until the earlier of: (i) the expiration of the six (6)-month period measured from the date of your separation from service or (ii) the date of your death. Upon the expiration of the applicable waiting period set forth in the preceding sentence, all payments and benefits deferred pursuant to this Section 13 (whether they would have otherwise been payable in a single lump sum or in installments in the absence of such deferral) shall be paid to you in a lump sum as soon as practicable, but in no event later than sixty (60) calendar days, following such expired period, and any remaining payments due under this Award will be paid in accordance with the normal payment dates specified for them herein. Notwithstanding any provision of the Plan to the contrary, in no event shall the Company or any affiliate be liable to you on account of an Award’s failure to (i) qualify for favorable U.S. or foreign tax treatment or (ii) avoid adverse tax treatment under U.S. or foreign law, including, without limitation, Section 409A of the Code.

  • Leave With Pay for Family-Related Responsibilities (a) For the purpose of this clause, “family” is defined as: (i) spouse (including common law spouse resident with the employee); (ii) children (including xxxxxx children, children of legal or common-law partner and xxxx of the employee); (iii) parents (including step-parents or xxxxxx parents), father-in-law, mother-in-law; (iv) brother, sister, step-brother, step-sister; (v) grandparents and grandchildren of the employee; (vi) any relative, residing in the employee’s household or with whom the employee permanently resides; or (vii) any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee. (b) The total leave with pay which may be granted under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year. (c) At the request of an employee, leave with pay for family related responsibilities may be granted as follows: (i) to take a dependent family member for medical or dental appointments, or for appointments with school authorities or adoption agencies; the employee who requests a leave pursuant to this clause should make every reasonable effort to schedule these appointments to minimize or preclude his or her absence from work; (ii) for the temporary care of a sick member of the employee's family and to provide the employee with time to make alternate care arrangements where the illness is of a longer duration; (iii) for needs directly related to the birth or adoption of his or her child; (iv) to attend school functions, if the supervisor was notified of the functions as far in advance as possible; (v) to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility; (vi) seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in paragraph (b) above may be used to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.

  • Eligibility for Severance Benefits The Company or its successor shall pay or provide to the Executive the Severance Benefits if the Executive has a Separation from Service and his employment is terminated voluntarily or involuntarily during the term of this Agreement, either: (a) by the Company (1) at any time within 24 months after a Change in Control of the Company, or (2) at any time prior to a Change in Control but after the commencement of any discussions with a third party relating to a possible Change in Control of the Company involving such third party, if such termination is in contemplation of such possible Change in Control and such Change in Control is actually consummated within 12 months after the date of such termination, in either case unless the termination is on account of the Executive’s death or Disability or for Cause, provided that, in the case of a termination on account of the Executive’s Disability or for Cause, the Company shall give Notice of Termination to the Executive with respect thereto; or (b) by the Executive for Good Reason (1) at any time within 24 months after a Change in Control of the Company or (2) at any time after the commencement of any discussions with a third party relating to a possible Change in Control of the Company involving such third party, if such Change in Control is actually consummated within 12 months after the date of such termination, and, in any such case, provided that the Executive shall give Notice of Termination to the Company with respect thereto. For purposes of clarity, with respect to Section 3 above, an Executive who is collecting Disability benefits will not be eligible for benefits under this Agreement. An Executive who is no longer Disabled will be eligible for benefits under this Agreement if, in the period extending from 12 months before the Change in Control to 24 months after the Change in Control, either of the following occur: (1) the Executive attempts to return to his or her position, and no such position is available, or (2) the Executive returns to employment and is subsequently terminated pursuant to Section 3(a) or Section 3(b) above.

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