(a) (1) Upon the approval of the Office of Personnel Management, an employee whose working hours do not conform to normal state business hours shall be eligible for additional compensation up to twelve percent (12%) of the hourly rate for which he or she is eligible under this subchapter as a shift differential if:

(A) The state agency routinely schedules more than one (1) work shift per day;

(B) The shift to which the employee is assigned is a full work shift; and

(C) The employee is regularly assigned to the late shift or is assigned to the shift on a regularly scheduled rotating basis.

(2) An employee assigned to an evening shift shall not receive additional compensation that exceeds six percent (6%) above that for which he or she is eligible under this subchapter.

(3) An employee assigned to a night shift shall not receive additional compensation that exceeds twelve percent (12%) above that for which he or she is eligible under this subchapter.

(4)

(A) An employee at or near the maximum authorized salary level for the grade assigned to his or her classification may be compensated at an additional rate not to exceed twelve percent (12%) of his or her eligible salary under this subchapter.

(B) In those instances in which the granting of the additional compensation has the effect of temporarily exceeding the maximum annual rate for the grade assigned to the employee's classification, the additional compensation shall not be considered as exceeding the maximum allowable rate for that grade.

(b) (1) (A) A person employed in areas providing critical support, custody, and care to designated client service units at state-operated inpatient hospital facilities, at state-operated human development centers, and at maximum security units at correctional facilities during weekend hours is eligible to receive up to twenty percent (20%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential.

(B) A person employed in an area not providing critical care during weekend hours is eligible to receive up to fifteen percent (15%) of the hourly rate for which he or she is eligible under this subchapter paid as a shift or weekend differential.

(2) Designated weekend hours begin no earlier than 2:30 p.m. on Friday and end no later than 8:00 a.m. on the following Monday.

(c)

(1) If a facility uses shifts other than traditional eight-hour shifts, a shift differential may be paid for those shifts exceeding the normal day shift of the facility.

(2) If shift and weekend differentials are provided to an employee, the total compensation may exceed the maximum annual rate for the assigned pay grade for those positions included in this subchapter.

(3)

(A) The state agency shall identify the shifts, job classifications, and positions to be eligible for the shift differential and the differential percentage for which each classification is eligible within each shift.

(B) The shift schedule, job classifications, positions, and the percentage of shift differential for which the job titles will be eligible shall be submitted to the Office of Personnel Management for approval by the Chief Fiscal Officer of the State.

(C) Subsequent changes to the shift schedule, job classifications, positions, and shift differential percentages shall be submitted to the Office of Personnel Management and receive prior approval by the Chief Fiscal Officer of the State.

(d) An employee who is receiving additional compensation under this section and then is reassigned to a normal shift shall revert on the day of the reassignment to the rate of pay for which he or she is eligible under this subchapter.

(e) The Office of Personnel Management shall report all shift differential approvals to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.