Acting Capacity

BUREAU OF HUMAN RESOURCES
HUMAN RESOURCES POLICY AND PRACTICES MANUAL

6.2.C ACTING CAPACITY (Temporary) Employment

Reference: State of Maine Civil Service Rules, Chapters 8 and 11

State of Maine Civil Service Rules provide for the appointment of non-state employees¹ to fill an authorized position on a temporary/emergency basis². There are two types of acting capacity appointments, an Open Appointment (fewer than 90 days) and a Register Appointment (more than 90 days). Acting capacity assignments may not exceed one year, except that the Director, in response to unusual or unanticipated circumstances, may grant individual extensions.

In the absence of a state employee, an appointing authority may appoint a non-state employee to an authorized position for a period of fewer than 90 days. These open appointments are generally made to cover the short-term absence of a state employee or when recruitment is underway. It is important to emphasize that an open appointment, acting capacity employee does not have to be on the class register. Nevertheless, he or she must meet the minimum qualifications for the classification to which he or she is being appointed³. The Director may authorize the extension of an open appointment in response to an unanticipated development.

Register appointments are used for acting capacity appointments of more than 90 days. Civil Service Rules pertaining to appointments from the class register apply to acting capacity appointments (Reference Section 5.11, Certification Types and Uses). In the absence of a complete register, an open appointment may be made until a register is established.

Acting capacity employees do not attain civil service status, regardless of the length of the acting capacity appointment. Consequently, they are considered open competitive candidates (with no right to agency promotional or statewide promotional consideration) on all employment registers, including the classification they hold on an acting capacity basis.

Acting capacity appointments of non-state employees do not provide benefits unless the appointment exceeds 90 days. After 90 days, benefits are limited to accrual of vacation, sick leave, and holiday pay⁴. An appointing authority may terminate an acting capacity appointment at any time.

In order to avoid potential misunderstandings, it is important that agency human resource representatives and/or supervisors fully explain the terms and conditions of an acting capacity assignment to a prospective acting capacity employee prior to the beginning of the assignment.

110899PJS

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¹An exception is a seasonal state employee who does an acting capacity assignment during his or her off-season.

²Civil Service Rules and the bargaining agreements do not accurately reflect the distinction that now exists between "acting capacity" and "temporary compensation." In common usage the term "acting capacity" is often incorrectly confused with "temporary compensation." Acting capacity generally refers to a non-state employee who is being appointed to an authorized position. Temporary compensation is a situation where a state employee is compensated for work in another (usually higher) classification on a temporary basis. In the unusual event an employee accepts temporary compensation in a lower classification, he or she is redlined at his or her regular salary rate.

³A current state employee who fills in on a temporary compensation basis is not required to meet the full qualifications of the classification; a current state employee may be "deemed qualified" by the appointing authority.

⁴In the event that an acting assignment ends and another begins with no break in service (generally Friday to Monday), the assignment is deemed to be continuous for the purposes of accruing sick, vacation, and holiday pay. If sick leave credits are available from a previous classified, unclassified, or acting capacity assignment they may be restored and used during the first 90 days of an acting capacity assignment, but additional sick leave credits do not accrue for 90 days.