2-1
Terms of Employment
2-2 Oath of Office
2-3 Performance Ratings
2-4 Layoffs
2-5 Employment Preference
2-6 Discipline
2-7 Drug and Alcohol Testing
2-8 Ethical Standards and Conduct
2-9 [Reserved]
2-10 Whistleblower Protection
2-11 Leave of Absence with Pay
2-12 Leave of Absence without Pay
2-13 Waived Rights Leave of Absence
2-14 Rights of Employees Absent Due to Service in the Uniformed Services
2-15 [Reserved]
2-16 Assumption into Classified Service
2-17 Retirement
2-18 Training
2-19 Legal Representation
2-20 Workplace Safety
|
| 2-1
Terms of Employment |
| 2-1.1
Career Appointment |
| An indefinite appointment expected to last the equivalent of 90 full-time workdays or more in a calendar year is career employment. A limited-term appointment expected to last the equivalent of 90 full-time workdays or more in a calendar year is considered as career employment for all benefit purposes except as otherwise provided in the rules or regulations. |
| 2-1.2
Noncareer Appointment |
| (a) |
Defined. An appointment expected to last less than the equivalent of 90 full-time workdays in a calendar year is a noncareer appointment. |
| (b) |
Student and special noncareer classifications authorized. The state personnel director may issue regulations to permit noncareer employment exceeding the equivalent of 89 full-time workdays in a calendar year, without fringe benefits, for designated student and special classifications. |
| (c) |
Limitations on noncareer appointments. An employee in a noncareer appointment is not entitled to any of the following: |
| |
(1) |
Sick
or annual leave accruals. |
| |
(2) |
Holiday
pay. |
| |
(3) |
Enrollment
in state-sponsored group insurance plans. |
| |
(4) |
Service
credit for any purpose, such as longevity compensation, salary step increase,
employment preference, or status. |
| |
(5) |
Employment exceeding the equivalent of 89 full-time workdays in any calendar year. |
|
[Rule
2-1 last amended effective March 18, 2001] |
| 2-2
Oath of Office |
| An employee hired into the classified service shall, as a condition of employment, take and subscribe to the following oath of office: |
| |
“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state and that I will faithfully discharge the duties of my position according to the best of my ability." |
|
[Rule
2-2 added effective August 22, 2002] |
| 2-3
Performance Ratings |
| 2-3.1
Rating System |
| (a) |
Regulations. The state personnel director shall issue regulations to establish a system of probationary ratings, annual ratings, interim ratings, and follow-up ratings for appointing authorities to evaluate and report employee performance and behavior. |
| (b) |
Ratings. |
| |
(1) |
Types of performance ratings. A rating issued under this rule is a single overall evaluation of the performance and behavior of the employee for the relevant rating period: |
| |
|
(A) |
Probationary
rating. A probationary rating rates the overall performance and behavior of the employee as either satisfactory or unsatisfactory. |
| |
|
(B) |
Annual
rating. An annual rating rates the overall performance and behavior of the employee as either satisfactory or needs improvement. |
| |
|
(C) |
Interim
and follow-up ratings. An interim rating rates the performance or behavior of the employee as unsatisfactory. A follow-up rating rates the overall performance of the employee as either satisfactory or unsatisfactory. |
| |
(2) |
Methods. Unless provided otherwise in the regulations, an appointing authority may use any appropriate performance rating method developed or approved by the state personnel director to evaluate and rate employees. If an approved rating method yields overall performance evaluation categories different than those in subsection (b)(1), the categories must equate to the overall performance categories required in subsection (b)(1). |
| |
(3) |
Component parts. If an overall rating is satisfactory, a negative evaluation on an individual subpart of the performance evaluation, such as an individual objective, competency, or factor, is not grievable or reviewable in the agency review procedure. |
| (c) |
Review with employee. A supervisor must review each probationary, annual, interim, and follow-up rating with the employee. Both the supervisor and the employee must sign and date each rating as evidence of the review. The employee’s signature on the rating does not indicate that the employee agrees with the rating. The employee may file an explanatory statement to accompany the rating. |
| (d) |
Use of ratings. A performance rating may be considered in making human resource decisions, including, for example, promotion, retention, assignment, and training. |
| (e) |
Report. If required by the civil service regulations, each appointing authority shall report or certify probationary, annual, interim, and follow-up ratings to civil service staff. |
| 2-3.2
Probationary Ratings |
| (a) |
Probationary ratings. Unless a probationary appointment has been terminated or rescinded, an appointing authority shall evaluate the performance and behavior of each probationary employee and issue a probationary rating as required in the civil service rules and regulations. |
| |
(1) |
Full-time employment. At a minimum, an appointing authority shall issue a probationary rating for a full-time probationary employee after completion of 6 calendar months and again after completion of one calendar year of employment. In addition, if the probationary employee is a new hire without status in the classified service, the appointing authority shall rate the employee after completion of 3 calendar months of employment. |
| |
(2) |
Less than full-time employment. At a minimum, an appointing authority shall issue a probationary rating for a probationary employee working less than full-time after completion of 9 calendar months and again after completion of 18 calendar months of employment. In addition, if the probationary employee is a new hire without status in the classified service, the appointing authority shall rate the employee after completion of 3 calendar months of employment. |
| |
(3) |
Extension of probation. If a probationary period is extended beyond one calendar year (for full-time employees) or 18 calendar months (for less than full-time employees), as authorized in rule
3-6.2(b) [Extension of Probationary Period], the appointing authority shall also issue a final probationary rating no later than 28 calendar days after the end of the extension of the probationary period. |
| (b) |
Satisfactory
probationary rating. A satisfactory probationary rating is not
discipline and is not grievable. |
| (c) |
Unsatisfactory
probationary rating. The following apply to unsatisfactory probationary
ratings: |
| |
(1) |
Discipline. An unsatisfactory probationary rating is discipline and may be the basis for additional discipline, up to and including dismissal. |
| |
(2) |
Grievance. An employee may grieve an unsatisfactory probationary rating only as authorized in rule 3-6.5 [Grievance of Probationary Rating or Discipline], rule
8-1 [Grievances], and the applicable regulations. |
| |
(3) |
Effects. |
| |
|
(A) |
An employee who receives an unsatisfactory probationary rating is not eligible for a step increase, a performance-pay award, or reclassification until a later satisfactory rating is issued. |
| |
|
(B) |
The period beginning when the employee receives an unsatisfactory probationary rating is not counted as qualifying time for a step increase or reclassification. A step increase, performance-pay award, or reclassification action cannot be made retroactive to a date before a new satisfactory rating is issued. |
| |
(4) |
Record. The employee’s employment record must reflect any unsatisfactory probationary rating |
| 2-3.3
Annual Ratings |
| (a) |
General. The following apply to all annual ratings for employees in compensation plans with fixed steps and in performance-pay programs. |
| |
(1) |
Annual rating required. An appointing authority shall evaluate the performance of each nonprobationary employee and issue an annual rating as required in the civil service rules and regulations. |
| |
(2) |
Number and timing. An appointing authority shall issue an annual rating at least once annually. In addition, the appointing authority may issue additional annual ratings at any time. If the employee has received an interim rating or an unsatisfactory follow-up rating, the appointing authority is not obligated to issue an annual rating for any period covered by the interim or follow-up rating. |
| |
(3) |
Performance improvement plan. If an employee receives a needs improvement annual rating, the appointing authority must establish a performance improvement plan to monitor the employee’s performance. The performance improvement plan must establish a date by which the appointing authority will issue another annual rating to evaluate the employee’s performance under the performance improvement plan. |
| |
(4) |
Agency review procedure. Each appointing authority shall establish an agency review procedure for employees to obtain a review of a needs improvement annual rating. The procedure must provide for a review by the appointing authority or the appointing authority’s designee. If the annual rating is not grievable or appealable to civil service staff, the review of the appointing authority is also not grievable or appealable. |
| (b) |
Compensation plans with fixed steps. The following apply to annual ratings for employees in compensation plans with fixed steps: |
| |
(1) |
Satisfactory annual rating. A satisfactory annual rating is not discipline and is not grievable or reviewable. |
| |
(2) |
Needs improvement annual rating. The following apply to needs improvement annual ratings: |
| |
|
(A) |
Discipline. A needs improvement annual rating is not discipline. |
| |
|
(B) |
Complaints. A needs improvement annual rating cannot be grieved unless the employee alleges that the annual rating was issued in violation of rule 1-8 [Prohibited Discrimination] or rule 2-10 [Whistleblower Protection]. However, an employee may request a review of a needs improvement annual rating within the agency review procedure authorized in subsection (a)(4) |
| |
|
(C) |
Effects. |
| |
|
|
(1) |
Step. An employee who receives a needs improvement annual rating is eligible for a step increase. |
| |
|
|
(2) |
Reclassification. An employee who receives a needs improvement annual rating is not eligible for reclassification until a later satisfactory rating is issued. A reclassification action cannot be made retroactive to a date before a new satisfactory rating is issued. |
| (c) |
Performance-pay program ratings and actions. The following apply to annual ratings and performance-pay actions for employees in performance-pay programs in (1) the senior executive service, (2) the senior executive management assistant service, (3) equitable classification plan (ECP) Group 4, and (4) ECP Groups 1, 2, and 3 if the state personnel director has approved the employee’s inclusion in a performance-pay program: |
| |
(1) |
Salary review. An appointing authority shall complete a salary review for each employee in a performance-pay program at the same time it completes the annual rating. The appointing authority shall use the annual rating as one factor in determining the employee’s eligibility for an increase in base salary or a lump sum award authorized in rule
5-3.4 [Operation of Compensation Schedules]. |
| |
(2) |
Satisfactory annual rating. A satisfactory annual rating is not discipline and is not grievable or reviewable. |
| |
(3) |
Needs improvement annual rating. The following apply to needs improvement annual ratings: |
| |
|
(A) |
Discipline.
A needs improvement annual rating is not discipline. |
| |
|
(B) |
Complaints. A needs improvement annual rating cannot be grieved unless the employee alleges that the annual rating was issued in violation of rule 1-8 [Prohibited Discrimination] or rule 2-10 [Whistleblower Protection]. However, an employee may request a review of a needs improvement annual rating within the agency review procedure authorized in subsection (a)(4). |
| |
|
(C) |
Effects. |
| |
|
|
(1) |
Performance-pay award. An employee who receives a needs improvement annual rating is not eligible for a performance-pay award until a later satisfactory rating is issued. A performance-pay award cannot be made retroactive to a date before a new satisfactory rating is issued. |
| |
|
|
(2) |
Reclassification. An employee who receives a needs improvement annual rating is not eligible for a reclassification until a later satisfactory rating is issued. A reclassification action cannot be made retroactive to a date before a new satisfactory rating is issued. |
| |
(4) |
Grievances regarding other performance-pay actions. Performance-pay awards are discretionary. An employee is not authorized to grieve or appeal a performance-pay action unless a grievance or an appeal is specifically permitted in this rule or the applicable regulations. |
| |
|
(A) |
Grievance
permitted. An employee aggrieved by any of the following performance-pay
actions may file a grievance as authorized in rule
8-1 [Grievances] and the applicable regulations: |
| |
|
|
(1) |
The employee's
pay is reduced. |
| |
|
|
(2) |
The appointing
authority does not rate the performance of the employee at least once annually. |
| |
|
|
(3) |
The performance-pay
action is alleged to violate rule 1-8
[Prohibited Discrimination] or rule
2-10 [Whistleblower Protection]. |
| |
|
(B) |
Grievance prohibited. Except as expressly authorized in subsection (c)(4)(A), the employee cannot grieve a final performance-pay decision of the appointing authority. By way of example only, the following performance-pay actions cannot be grieved: |
| |
|
|
(1) |
The amount
of a performance-pay award. |
| |
|
|
(2) |
The failure
to receive a performance-pay award. |
| |
|
|
(3) |
The distribution
of a performance-pay award between a base salary adjustment and a lump sum
award. |
| |
|
|
(4) |
The performance
evaluation or performance-pay award of another employee. |
| |
|
|
(5) |
The decision
to include a position in, or exclude a position from, a performance-pay
program. |
| |
|
|
(6) |
The performance-pay program itself, including, for example, the performance standards, agency evaluation methods, rating categories, and agency salary-range subdivisions. |
| 2-3.4
Interim and Follow-up Ratings |
| (a) |
Interim ratings. An appointing authority may evaluate the performance and behavior of an employee, including a probationary employee, and issue an interim service rating at any time. An interim rating is an unsatisfactory rating.
|
| (b) |
Follow-up
ratings. |
| |
(1) |
Follow-up rating period. If the appointing authority issues an interim rating but does not dismiss the employee, the appointing authority shall establish in writing the length of a follow-up rating period. If, during the follow-up rating period, the employee is placed on a leave of absence without pay or extended sick leave, the follow-up rating period is automatically extended for an additional period equal to the period of the employee’s absence. |
| |
(2) |
Follow-up rating. The appointing authority shall evaluate the performance and behavior of the employee during the follow-up rating period and issue a follow-up rating as required in the civil service rules and regulations. The appointing authority shall issue the follow-up rating before or within 28 calendar days after the end of the follow-up rating period. If the appointing authority fails to issue a follow-up rating within the time allowed, the employee may, within 14 calendar days after the end of the period allowed for issuance of the follow-up rating, request in writing that the appointing authority issue the follow-up rating. If the appointing authority fails to issue the follow-up rating within 14 calendar days after the employee’s written request, the employee is returned to satisfactory standing, effective the end of the follow-up rating period. However, the return to satisfactory standing does not nullify any prior interim rating or unsatisfactory follow-up rating or preclude the later use of any such rating. |
| (c) |
Discipline. Interim ratings and unsatisfactory follow-up ratings are discipline and may be the basis for additional discipline, up to and including dismissal.
|
| (d) |
Grievance.
|
| |
(1) |
Nonprobationary employee. A nonprobationary employee who receives an interim rating or an unsatisfactory follow-up rating may grieve the rating as provided in rule 8-1 [Grievances]and the applicable regulations. |
| |
(2) |
Probationary
employee. A probationary employee who receives an interim rating or
an unsatisfactory follow-up rating may grieve the rating as provided
in rule
3-6.5 [Grievance of Probationary Rating or Discipline]. |
| (e) |
Effects. |
| |
(1) |
An employee who receives an interim rating or an unsatisfactory follow-up rating is not eligible for a step increase, a performance-pay award, or reclassification until a later satisfactory rating is issued. |
| |
(2) |
The period during which the employee is rated as unsatisfactory is not counted as qualifying time for a step increase or reclassification. A step increase, performance-pay award, or reclassification action cannot be made retroactive to a date before a new satisfactory rating is issued. |
| (f) |
Commission action. If an employee receives an interim rating and a subsequent unsatisfactory follow-up rating and the appointing authority has taken no adverse action, the state personnel director may recommend to the civil service commission that the employee be separated from the classified service. |
|
[Rule
2-3 last amended effective August 26, 2007] |
| 2-4 Layoffs |
| 2-4.1 Reasons for Layoff |
| An employee may be laid off for reasons of administrative efficiency, including, for example, lack of work, lack of adequate funding, change in agency mission, or reorganization of the work force. |
| 2-4.2 Notification |
| An appointing authority shall give prior written notice to an employee who is laid off. |
| 2-4.3 Indefinite Layoffs |
| An appointing authority may place an employee on indefinite layoff in accordance with the civil service rules and regulations governing employment preference. |
| 2-4.4 Temporary Layoffs |
| (a) |
Authorized. An appointing authority may place an employee on one or more temporary layoffs as provided in this rule and any applicable regulations. |
| (b) |
Limitations. |
| |
(1) |
A temporary layoff shall be for one or more full workdays specifically identified in prior written notice given to the employee. |
| |
(2) |
An employee cannot be placed on temporary layoff status for more than 20 cumulative workdays in a fiscal year. |
| (c) |
Relation to other rules and regulations. |
| |
(1) |
Employment preference and recall rules not applicable. The civil service rules and regulations governing employment preference and recall do not apply to temporary layoffs or return to work from temporary layoff. |
| |
(2) |
Insurance, leave accruals, and service credits. Notwithstanding any other civil service rule or regulation or the fact that an employee’s work hours or pay is reduced by a temporary layoff, all temporary layoff time is considered creditable time for all purposes, including, but not limited to, the following: |
| |
|
(A) |
Satisfaction of the standard 80-hour biweekly work period for full-time employees [rule 5-2.1]. |
| |
|
(B) |
Compliance with compensation schedules [rule 5-3]. |
| |
|
(C) |
Computation of service hours for the following: |
| |
|
|
(1) |
Longevity [rule 5-8]. |
| |
|
|
(2) |
Annual and personal leave [rule 5-10.2(a)(1)]. |
| |
|
|
(3) |
School participation leave [rule 5-10.2(a)(2)]. |
| |
|
|
(4) |
Sick leave [rule 5-10.2(a)(3)]. |
| |
|
|
(5) |
Holiday pay for less than full-time appointments [rule 5-10.1]. |
| |
|
|
(6) |
Completion of a probationary period [rule 3-6.2]. |
| |
|
(D) |
Eligibility for group insurance plans and benefit levels [rules 5-2.2 and 5‑11]. |
| |
|
(E) |
Computation of total continuous service hours for all purposes, including, but not limited to, employment preference, layoff, recall, step increases, and, as authorized by statute, retirement. |
| |
(3) |
Not a break in service. An employee does not incur a break in service as a result of a temporary layoff. |
| |
(4) |
No substitution. An employee cannot substitute annual leave, personal leave, school and community participation leave, banked leave, compensatory leave, sick leave, deferred hours, or any other paid status for a temporary layoff. |
| |
(5) |
Leave balances. An employee is not entitled to have any leave balance paid off as a result of a temporary layoff. |
| (d) |
Return from temporary layoff. An employee, including a probationary employee, shall return to work on the employee’s next regularly scheduled work period following the end of the temporary layoff. The employee returns to work in the same position from which the employee was temporarily laid off. |
[Rule
2-4 last amended effective August 26, 2007 ] |
| 2-5
Employment Preference |
| 2-5.1
Application and Protection |
| (a) |
Application. Unless otherwise provided in an approved agency layoff plan, an employee can apply employment preference only within the employee’s current (1) principal department or autonomous entity, (2) county of employment, and (3) employee status code. However, an employee cannot apply preference against a position or classification that is protected from the application of employment preference. |
| (b) |
Limited-term appointments. An employee is not eligible to exercise employment preference or to be placed on a recall list at the end of a limited-term appointment, unless the employee meets one of the following criteria: |
| |
(1) |
An employee with status gained from an indefinite appointment who accepts or receives a job change to a limited-term appointment may exercise employment preference at the end of the limited-term appointment. Employment preference begins at the last classification level at which the employee achieved status in an indefinite appointment before accepting the limited-term appointment. Employment preference may be exercised only within the principal department or autonomous agency that appointed the employee to the limited-term appointment. |
| |
(2) |
A person who is recalled on a limited-term basis is not eligible to exercise employment preference at the end of the limited-term appointment but shall be returned to all recall lists for which the employee is eligible. |
| (c) |
Protected positions. An employee occupying a protected position cannot be displaced from the employee’s current position by another employee exercising employment preference. An employee in a protected position does not lose the right to apply employment preference to an unprotected position if the employee’s protected position is abolished. The following positions are protected positions: |
| |
(1) |
All positions in senior executive service (SES) classifications, including positions in SES-eligible classifications. |
| |
(2) |
All
positions in ECP Group 4 classifications. |
| |
(3) |
All
positions in senior executive management assistant service (SEMAS) classifications. |
| |
(4) |
Any
other position designated as protected in any other civil service rule or
regulation. |
| (d) |
Agency layoff plans. The state personnel director may approve an agency layoff plan that varies the application of employment preference within an agency. An approved agency layoff plan may vary the application of employment preference in the following areas only: |
| |
(1) |
The
application of county preference based on organizational or geographic limits. |
| |
(2) |
The application of employment preference between recognized autonomous entities of a principal department, if agreed by each appointing authority. |
| |
(3) |
The application of employment preference into additional positions in class clusters approved by the appointing authority and the state personnel director. |
| |
(4) |
The application of employment preference between eligible employee status codes. |
| 2-5.2
Determination |
| Employment preference is determined by an employee’s total continuous service. |
| (a) |
Ranking employees with identical service. If two or more employees have equal total continuous service, the appointing authority shall rank each employee by evaluating factors such as fitness for the position, education, experience, behavior, and performance. An employee receiving a higher ranking is considered to have greater employment preference. An employee cannot appeal a ranking to the civil service commission unless the ranking violates rule
1-8 [Prohibited Discrimination]. |
| (b) |
Loss of employment preference. An employee who separates from the state classified service by methods other than a leave of absence, suspension, or layoff, loses any total continuous service accumulated before that separation. |
| (c) |
Effect of status. An employee with status from current employment, regardless of the classification at which status was attained, has greater employment preference than an employee without status. |
| 2-5.3
Qualification |
| An employee may apply preference against a least senior position if all of the following eligibility criteria are met: |
| (a) |
Position and eligibility. An employee may apply preference (1) to a least senior position in a classification or class series in which the employee is serving or (2) to a least senior position in a classification or class series at or below the classification in which the employee previously attained status.
|
| (b) |
Subclasses. If subclass codes have been assigned to the least-senior position, the employee may apply preference only if the employee has been assigned one or more of the same subclass codes in the same classification or class series at or above the classification of the least senior position. |
| (c) |
Selective position requirements. If selective position requirements have been established for the least senior position, the employee is eligible to apply preference only if the employee meets the selective position requirements. |
| 2-5.4
Employee Rights to Apply Preference |
| An employee may apply preference only against another position within the employee’s current (1) principal department or autonomous entity, (2) county of employment, and (3) employee status code, unless otherwise permitted in an approved agency layoff plan. An employee can apply preference to the least senior position for which eligible in the following order: |
| (a) |
The
least senior position in the employee's current classification. |
| (b) |
The least senior position at a lower classification in the current class series or, alternatively, to the same or lower classification in a former class series in which the employee attained status, at the level that will minimize loss of pay. |
| 2-5.5
Application of Employment Preference between Employees Covered by a Collective
Bargaining Agreement and Employees not Covered by a Collective Bargaining
Agreement |
| Application of employment preference between employees covered by a collective bargaining agreement and employees not covered by a collective bargaining agreement is subject to the following additional conditions: |
| (a) |
Qualification. An employee may only displace a less senior employee in a position for which qualified in a classification in which the employee has previously attained status. |
| (b) |
Application; exhaustion. An employee not covered by a collective bargaining agreement must first exhaust all bumping rights to other positions held by employees not covered by a collective bargaining agreement. After exhausting all such rights, the employee not covered by a collective bargaining agreement may then bump into the position covered by a collective bargaining agreement that minimizes loss of pay, subject to the terms and conditions of the collective bargaining agreement. If a collective bargaining agreement expressly provides for exclusively represented employees covered by the agreement to bump into positions not covered by an agreement, they may do so only after exhausting all bumping rights under the agreement, and then in accordance with this rule. When more than one employee covered by a collective bargaining agreement is eligible to bump into a position not covered by a collective bargaining agreement, the most senior employee receives bumping rights. |
| (c) |
Total continuous service. Employment preference is determined by an employee’s total continuous service. |
| (d) |
Limitation on seniority. A collective bargaining agreement cannot prohibit an employee who accepts a supervisory position or any other employee who is not covered by a collective bargaining agreement from exercising employment preference into a position covered by the agreement. In such bumping situations, seniority earned outside the unit applies, except as limited by any collective bargaining agreement provisions in effect on January 23, 1983. This subsection only applies after the employee exhausts rights to displace other employees not covered by a collective bargaining agreement. |
| (e) |
Grievances. A grievance based on the application and adverse effects of this rule is filed, processed, and resolved under the grievance procedure provisions that are applicable to the position into which the exercise of employment preference has occurred or is scheduled to occur. This rule does not preclude a nonexclusively represented employee from filing a standard grievance, even after bumping into an exclusively represented position, if the employee contends a denial of the right to displace another nonexclusively represented employee. |
| 2-5.6
Effective Date |
| The employment preference rights of an employee laid off or displaced before the effective date of any amendment to the rules or regulations are determined by the civil service rules and regulations in effect at the time of layoff or displacement. |
| 2-5.7 No Application to Temporary Layoffs |
This rule does not apply to temporary layoffs authorized in rule 2-4.4. |
| 2-5.8 Application to Civil Service Commission Staff |
| Notwithstanding any other rule, regulation, or agency layoff plan, (1) civil service staff may apply employment preference only within the civil service commission and (2) employees of any other agency, including the principal department in which the civil service commission is placed for organizational purposes, cannot apply employment preference within the civil service commission. |
|
[Rule
2-5 last amended effective August 26, 2007] |
| 2-6
Discipline |
| 2-6.1
Discipline |
| (a) |
Authorized.
An appointing authority may discipline a classified employee for just cause.
|
| (b) |
Just
cause. Just cause includes, but is not limited to, the following: |
| |
(1) |
Failure to carry out the duties and obligations imposed by agency management, an agency work rule, or law, including the civil service rules and regulations. |
| |
(2) |
Conduct
unbecoming a state employee. |
| |
(3) |
Unsatisfactory
service or performance. |
| (c) |
Forms
of discipline. Permissible discipline includes, but is not limited to,
the following: |
| |
(1) |
An
unsatisfactory probationary rating, an interim rating, or an unsatisfactory
follow-up rating. |
| |
(2) |
A
written reprimand. |
| |
(3) |
Reduction
in pay. |
| |
(4) |
Suspension
without pay. |
| |
(5) |
Demotion |
| |
(6) |
Dismissal
from the classified service. |
| (d) |
Imposing discipline. The appointing authority shall impose discipline in a manner consistent with the civil service rules and regulations and any applicable agency work rules. When appropriate, an appointing authority shall use corrective measures and progressive discipline. However, if an infraction is sufficiently serious, an appointing authority has the discretion to impose any penalty, up to and including dismissal, provided the penalty is not arbitrary and capricious. |
| (e) |
Notice of mandatory dismissal for first offense. If an appointing authority establishes a mandatory dismissal penalty for a first offense, it must give prior written notice of the mandatory penalty to its employees. |
| 2-6.2
Disciplinary Conference |
| (a) |
Disciplinary conference required. If an appointing authority is contemplating imposing discipline, the appointing authority shall schedule a disciplinary conference. The appointing authority shall notify the employee in writing of the conference, charges, and possible penalties. If the employee fails to attend the disciplinary conference, the employee waives the right to a conference. |
| (b) |
Disciplinary conference not required. An appointing authority is not required to hold a disciplinary conference in any of the following circumstances: |
| |
(1) |
The
appointing authority suspends an employee for investigation, as provided
in rule 2-6.4 [Suspension for Investigation]. |
| |
(2) |
The
appointing authority suspends an employee charged with a crime, as provided
in rule 2-6.5 [Suspension for Criminal
Charges]. |
| |
(3) |
The employee is not on an approved leave of absence and has failed to report for work for 3 or more consecutive scheduled work days. |
| 2-6.3
Representation |
| An employee who is scheduled for a disciplinary conference may be represented at the conference by a person authorized in rule 6-5 [Rights of Employees]. The charged employee is responsible for notifying the employee’s representative of the conference. The conference will not be unreasonably delayed due to the representative’s unavailability. |
| 2-6.4
Suspension for Investigation |
| An appointing authority may suspend an employee with or without pay for up to 7 calendar days to conduct an investigation. On or before the end of the 7-day suspension, the appointing authority shall (1) reinstate the employee, (2) discipline the employee, or (3) extend the investigative suspension with pay. If the appointing authority extends the investigative suspension, a disciplinary conference is not required, but the appointing authority shall give the employee written notice of the reasons for the extension. |
| 2-6.5
Suspension for Criminal Charges |
| (a) |
Suspension. If an employee is charged with a criminal offense, the appointing authority may suspend the charged employee with or without pay. The appointing authority is not required to hold a presuspension disciplinary conference before imposing the suspension, but shall give the employee written notice of the suspension. However, at the request of the employee, the appointing authority shall meet with the employee to review the suspension. |
| (b) |
End of suspension. The suspension may remain in effect until (1) the appointing authority imposes discipline or (2) the employee gives written notice to the appointing authority of the final resolution of the criminal charges, whichever occurs first. If the employee gives written notice before the appointing authority has imposed discipline, the appointing authority may continue the suspension for up to an additional 7 calendar days to conduct an investigation, as provided in rule 2-6.4. |
|
[Rule
2-6 last amended effective August 26,2007] |
| 2-7
Drug and Alcohol Testing |
| 2-7.1
Prohibited Activities |
| A
classified employee shall not do any of the following: |
| (a) |
Consume
alcohol or use drugs while on duty. |
| (b) |
Report
to duty or be on duty with a prohibited level of alcohol or drugs present
in the employee's bodily fluids. |
| (c) |
Refuse
to submit to a required drug test or alcohol test. |
| (d) |
Interfere
with any testing procedure or tamper with any test sample. |
| 2-7.2
Testing Classified Employees |
| An appointing authority shall require an employee, as a condition of continued employment, to submit to a drug test or an alcohol test, as provided in this rule. |
| (a) |
Tests
authorized. The following tests are authorized: |
| |
(1) |
Reasonable suspicion testing. An employee shall submit to a drug test or an alcohol test if there is reasonable suspicion that the employee has violated this rule. |
| |
(2) |
Preappointment testing. An employee not occupying a test-designated position shall submit to a drug test if the employee is selected for a test-designated position. |
| |
(3) |
Follow-up testing. An employee shall submit to an unscheduled follow-up drug test or alcohol test if, within the previous 24 months, the employee has done any of the following: |
| |
|
(A) |
Voluntarily
disclosed drug or alcohol problems. |
| |
|
(B) |
Entered
into or completed a rehabilitation program for drug or alcohol abuse. |
| |
|
(C) |
Failed
or refused a preappointment drug test. |
| |
|
(D) |
Been disciplined
for violating this rule. |
| |
(4) |
Random selection testing. A test-designated employee shall submit to a drug test and an alcohol test if the employee is selected for testing on a random selection basis. |
| |
(5) |
Post-accident testing. A test-designated employee shall submit to a drug test or an alcohol test if there is evidence that the test-designated employee may have caused or contributed to a serious work accident. |
| (b) |
Limitations on certain tests. An employee subject to testing under this rule may be required to submit only to a drug test, only to an alcohol test, or to both tests, subject to the following limitations: |
| |
(1) |
Preappointment
testing. Preappointment testing is limited to drug testing. |
| |
(2) |
Follow-up testing. The appointing authority may require an employee who is subject to follow-up testing to submit to no more than six unscheduled drug tests or alcohol tests within any 12-month period. |
| |
(3) |
Random selection testing. The number of drug tests conducted in any one year on a random selection basis cannot exceed 15 percent of the number of all test-designated positions. The number of alcohol tests conducted in any one year on a random selection basis cannot exceed 15 percent of the number of all test-designated positions. |
| 2-7.3
Testing New Hires; Conditional Offer of Employment |
| Any offer of employment to a person who is not currently employed in the classified service is a conditional offer of employment. The offer of employment is conditioned upon the person submitting to and passing a preemployment drug test. A person given a conditional offer of employment is prohibited from performing any duties until the person has submitted to and passed the preemployment drug test. |
| 2-7.4
Penalties |
| (a) |
Classified
employees. |
| |
(1) |
All employees. An appointing authority shall impose discipline, up to and including dismissal, for violation of this rule. An appointing authority shall prescribe in its agency work rules the range of penalties, including any mandatory penalties, for violating this rule. |
| |
(2) |
Employee selected for test-designated position. An employee selected for a test-designated position is prohibited from serving in the test-designated position until the employee has submitted to and passed a preappointment drug test. If the employee fails or refuses to submit to the drug test, interferes with a test procedure, or tampers with a test sample, the following occurs: |
| |
|
(A) |
The employee cannot be appointed, promoted, assigned, recalled, or otherwise placed in the test-designated position. |
| |
|
(B) |
The employee is removed from all applicant pools for test-designated positions and is disqualified from any test-designated position for a period of 3 years.
|
| |
|
(C) |
If the employee interferes with a test procedure or tampers with a test sample, the employee may also be disciplined as provided in subsection (a)(1). |
| (b) |
New
hires. |
| |
(1) |
Rescission of conditional offer of employment. If a person given a conditional offer of employment fails or refuses to submit to the preemployment drug test, interferes with a test procedure, or tampers with a test sample, the appointing authority must rescind the conditional offer of employment in writing. The written rescission must include notice of the complaint procedure and the 14-day time limit provided in subsection
(b)(2). A person whose conditional offer of employment is rescinded must not be appointed to the position in the classified service. The person also is removed from all applicant pools and is disqualified from appointment to the classified service for a period of 3 years. |
| |
(2) |
Complaint by applicant. If a person claims that the rescission of the person’s conditional appointment as authorized in subsection
(b)(1) was contrary to article 11, §5, of the constitution or a civil service rule or regulation, the person may file a written complaint with the state personnel director. |
| |
|
(A) |
A complaint must be received by the state personnel director within 14 calendar days after the appointing authority mailed the written notice of the rescission of the conditional offer of employment and this complaint procedure. The person must also file a copy of the complaint with the appointing authority. |
| |
|
(B) |
The director shall review the complaint and issue a decision under procedures authorized in the regulations. |
| |
|
(C) |
If the director determines that the rescission was contrary to article 11, §5, of the constitution or a civil service rule or regulation, the director may order an appropriate remedy, including, but not limited to, reinstating the offer of employment, ordering another drug test, or requalifying the person for appointment to the classified service. |
| |
|
(D) |
Either the person or the appointing authority may appeal the director’s final decision to the civil service commission. |
| 2-7.5
Self-reporting |
| (a) |
Classified
employees. |
| |
Reporting. An employee who voluntarily discloses to the appointing authority a problem with controlled substances or alcohol cannot be disciplined for such disclosure if, and only if, the problem is disclosed before the occurrence of any of the following: |
| |
(1) |
For
reasonable suspicion testing, before the occurrence of an event that gives
rise to reasonable suspicion that the employee has violated this rule. |
| |
(2) |
For
preappointment testing, follow-up testing, and random selection testing,
before the employee is selected to submit to a drug or alcohol test. |
| |
(3) |
For
post-accident testing, before the occurrence of any accident that results
in post-accident testing. |
| (b) |
Employer action. After receiving notice, the appointing authority shall permit the employee an immediate leave of absence to obtain medical treatment or to participate in a rehabilitation program. In addition, the appointing authority shall remove the employee from the duties of a test-designated position until the employee submits to and passes a follow-up drug test or alcohol test. The appointing authority may require the employee to submit to further follow-up testing as a condition of continuing or returning to work. |
| (c) |
Limitation. An employee may take advantage of subsection (a) no more often than two times while employed in the classified service. An employee making a report is not excused from any subsequent drug test or alcohol test or from otherwise complying in full with this rule. An employee making a report remains subject to all drug and alcohol testing requirements after making a report and may be disciplined as the result of any subsequent drug test or alcohol test, including a follow-up test. |
| 2-7.6
Identification of Test-designated Positions |
| Each appointing authority shall first nominate classes of positions, subclasses of positions, or individual positions to be test-designated. The state employer shall review the nominations and shall recommend to the state personnel director the positions to be test-designated positions. The director shall review the recommendations and shall designate as test-designated positions all the classifications, subclasses, or individual positions that meet the definition of a test-designated position. The designation is not limited by or to the nominations or recommendations. The appointing authority shall give written notice of designation to each test-designated employee at least 14 days before implementing the testing provisions of this rule. |
| 2-7.7
Continuation of Existing Programs |
| Until the state personnel director issues regulations to the contrary, nothing in this rule prohibits an appointing authority from continuing to use an existing drug or alcohol testing program. Nothing in this rule or the regulations prohibits an appointing authority from implementing a drug or alcohol testing program required by federal law or approved by the commission in a collective bargaining agreement. |
| 2-7.8
Coordination of Rule and Federal Regulations |
| This rule also applies to an employee subject to mandatory federal regulations governing drug or alcohol testing. However, the employee is subject only to the provision of the federal regulation in any circumstance in which (1) it is not possible to comply with both this rule and the federal regulation or (2) compliance with this rule is an obstacle to the accomplishment and execution of any requirement of the federal regulation. |
| 2-7.9
Regulations |
| The state personnel director shall establish the prohibited levels of drugs and alcohol in the regulations. |
|
[Rule
2-7 last amended August 26, 2007] |
| 2-8
Ethical Standards and Conduct |
| 2-8.1
Ethical Conduct Required |
| Employment in the state classified service demands a high degree of loyalty and imposes high ethical standards on employees to ensure the integrity of state government and maintain effective services. All employees must meet these ethical standards and all appointing authorities are obligated to enforce these ethical standards.
|
| 2-8.2
Prohibitions |
| (a) |
All
employees. A classified employee shall not do any of the following:
|
| |
(1) |
Divulge or release, for financial gain for the employee or a member of the employee’s immediate family, any confidential information that is not by law, rule, regulation, or court order available to members of the general public. However, this subsection does not prohibit an employee from disclosing to a public body a violation or suspected violation as authorized in rule 2-10 [Whistleblower Protection] unless otherwise prohibited by statute, court order, or professional ethics. |
| |
(2) |
Engage in or agree to engage in, for financial gain for the employee or a member of the employee’s immediate family, any business transaction or private arrangement that accrues from or is based on the employee’s official position or on confidential information gained by reason of the employee’s position. |
| |
(3) |
Solicit, accept, or agree to accept anything of value (1) from any designated representative [as defined in rule 9-1] or (2) under any circumstances that could reasonably be expected to influence the manner in which the employee performs work or makes decisions. |
| |
(4) |
Make available any consideration, treatment, advantage, or favor beyond that which is generally granted or made available to others under similar circumstances. |
| |
(5) |
Represent or act as an agent for any private interests, whether for compensation or otherwise, in any transaction in which the state has a direct and substantial interest and which could reasonably be expected to result in a conflict between the employee’s private interests and official state responsibilities. |
| |
(6) |
Exercise any decision-making authority of the state regarding any state regulation, enforcement, auditing, licensing, or purchasing with respect to any business or entity in which the employee or a member of the employee’s immediate family has any financial interest. |
| |
(7) |
Engage
in supplemental employment that conflicts with the satisfactory or impartial
performance of the employee's state duties. |
| |
(8) |
Engage
in supplemental employment without the express written consent of the employee's
appointing authority. |
| |
(9) |
Engage
in any supplemental employment during actual-duty time. |
| |
(10) |
Request
or use sick leave to engage in supplemental employment. |
| |
(11) |
Use
any state funds, property, or equipment in or for the benefit of any supplemental
employment. |
| |
(12) |
Fail
to timely, fully, and accurately report to the employee's appointing authority
any of the following: |
| |
|
(A) |
Any interest of the employee or the employee’s immediate family in any business or entity with which the employee has direct contact while performing official duties as a classified employee. |
| |
|
(B) |
Any supplemental employment or change in approved supplemental employment required by this rule, applicable regulations, or agency work rules. |
| (b) |
Attorneys. In addition to any other prohibition, an employee occupying a classified position that requires the employee to be a licensed attorney in the State of Michigan shall not do any of the following, whether for compensation or otherwise: |
| |
(1) |
Represent any person or entity with an interest adverse to the State of Michigan or any of its agencies or instrumentalities (1) in any criminal, civil, regulatory, or administrative matter or (2) before any court or administrative agency. |
| |
(2) |
Represent
any private interest before any state administrative agency. |
| |
(3) |
Represent another state employee in any matter, including a personnel matter, against the State of Michigan or any of its agencies or instrumentalities. |
| (c) |
Excluded employees. In addition to any other prohibition, the following employees may not represent another employee in any matter or proceeding related to employment, including, but not limited to, investigations, disciplinary conferences, grievances, civil service technical matters, or civil service proceedings: |
| |
(1) |
An
appointing authority who is a classified employee. |
| |
(2) |
An excluded employee occupying a position in human resources under the direction of an appointing authority. |
| 2-8.3
Disclosure |
| (a) |
Personal
and financial interests. |
| |
(1) |
Disclosure. At least annually, an employee shall disclose to the employee’s appointing authority all personal or financial interests of the employee or members of the employee’s immediate family in any business or entity with which the employee has direct contact while performing official duties as a classified employee. |
| |
(2) |
Action by appointing authority. If an appointing authority determines that the personal or financial interests of an employee or the employee’s immediate family represent an unacceptable conflict of interest with the employee’s state duties, the appointing authority may take any of the following actions to eliminate the conflict: |
| |
|
(A) |
Require appropriate actions by the employee or the employee’s immediate family regarding the personal and financial interests. |
| |
|
(B) |
Change the employee’s job, including, but not limited to, imposing a lateral job change, demoting the employee, changing reporting relationships, changing work locations, or reassigning specific tasks. |
| |
|
(C) |
Separate
the employee from the classified service if the conflict cannot be eliminated.
|
| (b) |
Supplemental
employment. |
| |
(1) |
Disclosure and approval required. An employee must report all supplemental employment to the employee’s appointing authority and must receive approval from the appointing authority to engage in supplemental employment. |
| |
|
(A) |
Employees. Before engaging in supplemental employment, an employee must disclose the nature and extent of the supplemental employment to the employee’s appointing authority. Thereafter, an employee must report all supplemental employment at least annually as required by this rule, applicable regulations, and the appointing authority. |
| |
|
(B) |
Newly-hired employees. A newly-hired employee who is already engaging in supplemental employment at the time of hire must disclose the nature and extent of the supplemental employment as required by an appointing authority. |
| |
|
(C) |
Changes. If there is a change in approved supplemental employment, the employee must disclose the nature and extent of the change to the employee’s appointing authority within 14 calendar days. |
| |
(2) |
Action by appointing authority. If an appointing authority determines that supplemental employment (1) interferes with the employee’s attendance or efficiency or otherwise conflicts with the satisfactory performance of the employee’s state duties or (2) represents an unacceptable conflict of interest with the employee’s state duties, the appointing authority may take any of the following actions: |
| |
|
(A) |
Withhold
or withdraw approval to engage in supplemental employment. |
| |
|
(B) |
Require
the employee to modify, limit, or terminate the supplemental employment. |
| |
|
(C) |
Change the employee’s job, including, but not limited to, imposing a lateral job change, demoting the employee, changing reporting relationships, changing work locations, or reassigning specific tasks. |
| |
|
(D) |
Separate
the employee from the classified service if the conflict cannot be eliminated. |
| |
(3) |
Service in the uniformed services; exception. An employee is not required to obtain approval to engage in supplemental employment in the uniformed services. However, unless precluded by military necessity, an employee must give advance written or verbal notice to the appointing authority of any absence from state duties for service in the uniformed services. |
| |
(4) |
Applicants. As part of the appraisal process, an appointing authority may require an applicant to disclose the nature and extent of all employment that the applicant intends to continue as supplemental employment after the applicant is hired into the classified service. |
| 2-8.4
Compliance |
| As a condition of continued employment in the classified service, an employee must comply with the requirements of applicable rules, regulations, agency work rules, and individual requirements imposed by the employee’s appointing authority. |
| 2-8.5
Discipline |
| An employee who engages in conduct prohibited by rule
2-8, an applicable regulation, agency work rule, or individual requirement imposed by the employee’s appointing authority, may be disciplined, up to and including dismissal from the classified service. |
| 2-8.6
Reporting Alleged Violations |
| An employee who becomes aware of any alleged violation of a standard of ethical conduct in this rule, an applicable regulation, agency work rule, or individual requirement imposed by an appointing authority, must report the alleged violation to the employee’s appointing authority. |
| 2-8.7
Appointing Authority Guidance and Exemptions |
| (a) |
Agency work rules and directives. An appointing authority may issue agency work rules or other written directives to define, implement, and enforce ethical standards. An appointing authority may, for example, do any of the following: |
| |
(1) |
Establish ethical standards for employees that are more strict than the basic standards established in this rule and the regulations. |
| |
(2) |
Define
specific prohibited acts and conflicts of interest. |
| |
(3) |
Identify
specific employees or classes of employees required to file disclosure reports.
|
| |
(4) |
Establish
procedures, forms, and times for disclosure. |
| |
(5) |
Establish procedures for an employee to obtain a prior written determination from the employee’s appointing authority as to whether specific future conduct is permitted or prohibited. |
| (b) |
De minimis exception. In an agency work rule or directive, an appointing authority may exempt from the prohibition in rule 2-8.2(a)(3) the receipt of anything of value that is so de minimis that the appointing authority has determined that its receipt by the employee could not reasonably be expected to influence how the employee performs work or makes decisions. However, any such de minimis exemption may not exceed the following limits: |
| |
(1) |
Any
single tangible or intangible item with a fair market value exceeding $20.00. |
| |
(2) |
Any
combination of tangible and intangible items during any 3-month period with
an aggregate fair market value exceeding $80.00. |
| |
(3) |
Any
amount of money, including a loan of money. |
| (c) |
Conferences, training, and meetings. Notwithstanding rule 2-8.2(a)(3), an appointing authority may authorize an employee to attend a conference, training session, or other meeting, the expenses of which are paid in whole or in part by a designated representative, if all of the following are met: |
| |
(1) |
The
employee's attendance is primarily for the benefit of the state. |
| |
(2) |
The expenses paid are expenses, which if paid by the employee, would be reimbursable items under the standardized travel regulations or other policies of the employee’s appointing authority. |
| |
(3) |
The employee’s appointing authority determines that paid attendance by the employee would not reasonably be expected to improperly influence how the employee performs work or makes decisions. |
|
[Rule
2-8 last amended effective August 26, 2007] |
| 2-9
[Reserved] |
| |
| 2-10
Whistleblower Protection |
| 2-10.1
Reprisal Prohibited |
| An appointing authority shall not engage in reprisal against an employee for disclosing a violation or suspected violation of any of the following: |
| (a) |
A
state or federal law. |
| (b) |
A
lawful regulation or rule promulgated by a political subdivision of the
state of Michigan. |
| (c) |
A
civil service rule or regulation. |
| 2-10.2
Application |
| An employee who reports, or who is known by the appointing authority to have indicated an intent to report, violations or suspected violations is protected by this rule, unless the employee knew the report was false. This protection extends to an employee who participates in, or who was known by the appointing authority to have indicated an intent to participate in, a court proceeding or an investigation, hearing, or inquiry conducted by a public body. |
| 2-10.3
Forms of Reprisal |
| Reprisal includes actions such as discharge, threats of discipline, or arbitrary and capricious changes in the conditions of employment. |
|
[Rule
2-10 last amended effective March 18, 2001] |
| 2-11
Leave of Absence with Pay |
| 2-11.1
Authorization |
| An appointing authority may authorize salary payments to an employee to attend school, visit other governmental agencies, or undertake any other systematic improvement of the knowledge or skills required in the employee’s work. Salary payments may be in whole or in part. |
| 2-11.2
Administrative Leave |
| An appointing authority may grant administrative leave with pay for necessary absence from duty for which annual, sick, or other leave with pay is not applicable. Additionally, the appointing authority must grant administrative leave when specifically required by the civil service commission. |
| 2-11.3 Disaster Response Leave with Pay |
An appointing authority may grant a leave of absence with pay for up to 10 workdays in a 12-month period to an employee to provide volunteer specialized disaster relief services within or outside this state, if the following conditions have been met: |
| (a) |
The employee is skilled in emergency relief assistance and certified as a disaster services volunteer by the American Red Cross. |
| (b) |
The president or governor has declared the disaster. |
| (c) |
The American Red Cross has requested the services of the employee. |
| (d) |
If the services are to be rendered outside the state by an employee of the executive branch, the governor has approved the paid leave of absence as provided in MCL 30.411a. |
|
[Rule
2-11 last amended effective October 3, 2006] |
| 2-12
Leave of Absence without Pay |
| 2-12.1
Authorization |
| (a) |
Permissive
leave. |
|
(1) |
Nonmedical leave of absence. An appointing authority may grant an employee a nonmedical leave of absence without pay and without loss of employment status. |
|
(2) |
Medical leave of absence. An appointing authority may grant a medical leave of absence without pay for up to 6 months to an eligible employee whose sick leave is exhausted. An employee is eligible for a medical leave of absence only if the employee has the equivalent of at least 6 months full-time employment at the time the leave is granted. If an employee on medical leave requests an extension before the leave expires, an appointing authority is authorized to extend the leave to a maximum of one year. Any extension of a medical leave beyond one year requires the written approval of the state personnel director. |
| |
(3) |
Disaster response leave of absence. An appointing authority may grant a leave of absence without pay to an employee who is skilled in emergency relief assistance and certified as a disaster services volunteer by the American Red Cross to provide disaster or emergency relief assistance in this state. |
| (b) |
Mandatory leave. An appointing authority must grant a leave of absence without pay when specifically required by the civil service commission. |
| 2-12.2
Expiration |
| A leave of absence without pay expires on the date established by the appointing authority, unless extended by the appointing authority. If an employee on a leave of absence without pay does not return to work on or before the end of the leave, the employee is separated. |
| 2-12.3
Restoration to Position |
| When an authorized leave of absence without pay expires or the appointing authority authorizes a return to work before the end of the leave, the employee is returned to work as follows: |
| (a) |
Unless subsection (b) or (c) apply, the employee is returned to the position formerly occupied or an equivalent position. |
| (b) |
If the appointing authority has demoted the employee since the beginning of the leave under rule 2-6 [Discipline] or rule 3-3 [Appointments and Job Changes, the employee is returned to a position at the classification level to which demoted and is compensated within the range of rates approved for that classification level. |
| (c) |
If
the employee's position was abolished during the leave, the employee is
returned to the classified service in accordance with rule
2-5 [Employment Preference]. |
| (d) |
At the expiration of a medical leave of absence, if the employee is medically qualified to return to work, the employee is returned to a position as provided in subsection (a), (b), or (c), as appropriate. If the employee is not medically qualified to return to work, the employee is separated. |
| 2-12.4
Annual Leave Balance |
| (a) |
Retention during leave. An employee may choose to retain an annual leave balance during a leave of absence in accordance with the official compensation plan. |
| (b) |
Limitation and exception. Payment for annual leave due an employee who does not return from a leave of absence is at the employee’s last rate of pay. |
|
[Rule
2-12 last amended effective October 3, 2006] |
| 2-13
Waived Rights Leave of Absence |
| (a) |
Approval
and extension. An appointing authority may grant a waived rights leave
of absence without pay for up to one year to an employee if the employee
has the equivalent of at least 6 months full-time employment at the time
the leave is granted. Any extension beyond one year requires the written
approval of the state personnel director. |
| (b) |
Ineligible
employees. An employee in a limited-term appointment who has not achieved
status in an indefinite appointment is not eligible for a waived rights
leave of absence, unless authorized in writing by the state personnel director. |
| (c) |
Operation.
An employee granted a waived rights leave of absence cannot carry any
annual leave balance during the leave. An employee on a waived rights leave
has no right to return to the position formerly occupied or to an equivalent
position upon expiration of the leave. If the employee returns to the classified
service before the expiration of the waived rights leave through normal
selection processes, the employee is not considered to have had a break
in service. |
| (d) |
Separation.
If the employee does not return to the classified service before or upon
the expiration of the leave, the employee is separated. |
|
[Rule
2-13 last amended effective March 18, 2001] |
| 2-14
Rights of Employees Absent Due to Service in the Uniformed Services |
| 2-14.1
Basic Employment and Return-to-work Rights and Benefits |
| (a) |
Regulations. The state personnel director shall issue regulations to provide employment and return-to-work rights and benefits for employees who are absent from a classified position due to service in the uniformed services. The regulations shall provide rights and benefits that are consistent with rights and benefits provided under applicable federal law, except where this rule provides supplemental or enhanced rights and benefits that exceed the minimum requirements of applicable federal law. |
| (b) |
Military leave of absence. The regulations shall authorize a military leave of absence for an employee absent from a classified position due to service in the uniformed services, subject to the requirements of the regulation.
|
| (c) |
Effect on federal rights and benefits. The civil service rules and regulations shall not be applied or interpreted to limit, reduce, or eliminate any right or benefit under applicable federal law. |
| (d) |
Character of rights and benefits in the rules and regulations. The rights and benefits granted in this rule and the regulations are granted solely under the authority of the civil service commission and the state personnel director and are not rights or benefits under federal law. |
| 2-14.2
Eligibility for Supplemental Pay |
| An employee in a career appointment who is a member of a reserve or national guard unit and who is granted a military leave of absence under the applicable regulations is eligible for supplemental pay, as provided in this rule and the applicable regulations. |
| (a) |
Supplemental
pay for training duty. |
| |
(1) |
Eligibility. An employee in a career appointment who is a member of a reserve or national guard unit and is ordered to active or inactive duty training is entitled to supplemental pay for each day of absence from scheduled employment in the classified service, unless prohibited in subsection (c). |
| |
(2) |
Limits. Supplemental pay for training duty is payable for up to the equivalent of 15 scheduled workdays in any fiscal year. |
| (b) |
Supplemental
pay for emergency active duty. |
| |
(1) |
Eligibility. An employee in a career appointment who is a member of a reserve or national guard unit and who, after September 11, 2001, (1) is ordered to emergency active duty by the governor or president or (2) volunteers for emergency active duty is entitled to supplemental pay, unless prohibited in subsection (c). |
| |
(2) |
Limits. Supplemental pay is payable for any period of eligible emergency active duty in the uniformed services, except as further limited below: |
| |
|
(A) |
Limited-term appointment without prior status. If the employee has a limited-term appointment but does not have continuing status from a prior indefinite appointment, the supplemental pay expires on the earliest of (1) the employee’s release from active duty in the uniformed services, (2) the expiration of return-to-work rights under this rule, or (3) the expiration of the limited-term appointment in the classified service. |
| |
|
(B) |
Indefinite appointment or limited-term appointment with prior status. If the employee has an indefinite appointment or a limited-term appointment with continuing status from a prior indefinite appointment, the supplemental pay expires on the earliest of (1) the employee’s release from active duty in the uniformed services or (2) the expiration of return-to-work rights under this rule. |
| (c) |
Disqualification. Notwithstanding any other rule or regulation, an employee is not eligible for supplemental pay during any of the following periods: |
| |
(1) |
Any
period of unpaid service in a uniformed service. |
| |
(2) |
Any
period following discharge from a uniformed service and before returning
to work in the classified service. |
| |
(3) |
Any
period of initial training in a uniformed service. |
| 2-14.3
Types of Supplemental Pay |
| (a) |
Pay differential. An employee eligible for supplemental pay is paid a pay differential for each day of absence from scheduled employment in the classified service. |
| |
(1) |
Computation of pay differential. A pay differential equals the difference between the employee’s (1) gross basic pay in the uniformed service and (2) gross base wage in the classified service on the employee’s last day of work. No pay differential is paid for any period where the employee’s gross basic pay in the uniformed service exceeds the employee’s gross base wage in the classified service. |
| |
(2) |
Base wage. The employee’s base wage in the classified service includes only the employee’s base rate of pay. The following pay and premiums are not included in the employee’s base rate of pay when computing a pay differential: |
| |
|
(A) |
Overtime
pay [rule 5-4.2]. |
| |
|
(B) |
On-call
pay [rule 5-4.3]. |
| |
|
(C) |
Callback
pay [rule 5-4.4]. |
| |
|
(D) |
Shift
differential premium [rule 5-4.5]. |
| |
|
(E) |
Prison
duty premiums [rule 5-5]. |
| |
|
(F) |
Hazardous
duty premium [rule 5-6.1]. |
| |
|
(G) |
Explosives
duty premium [rule 5-6.2]. |
| |
|
(H) |
Out-of-state
location premiums [rules 5-6.3, 5-6.4, and 5-6.5].
|
| |
|
(I) |
Emergency
response compensation [rule 5-6.6]. |
| |
|
(J) |
Expense
reimbursements [rule 5-7]. |
| |
(3) |
Increase in base wage. During a military leave of absence, the employee’s base wage is increased as if the employee had remained continuously employed in the classified service, including (1) any general wage increase approved by the civil service commission and (2) any step increase for which the employee would have been eligible. |
| (b) |
Supplemental holiday pay. An employee eligible for supplemental pay is paid the employee’s base wage for a designated state holiday that occurs or is observed during a period of eligibility. Holiday pay is paid in full and is in addition to any pay differential. |
| (c) |
Supplemental longevity payment. An employee eligible for supplemental pay is paid the longevity payment authorized under rule 5-8 [Longevity Payment] if the pay date occurs during a period of eligibility. |
| (d) |
Supplemental leave accruals. An employee eligible for supplemental pay is credited with annual, personal, and sick leave accruals as if the employee had remained continuously employed in the classified service, subject to the following limitations: |
| |
(1) |
Accruals
are credited only for the first 15 days of eligible training duty under
rule 2 14.2(a). |
| |
(2) |
Accruals
are credited only for the first 30 consecutive calendar days of eligible
emergency active duty under rule 2-14.2(b). |
| |
(3) |
Notwithstanding
the limitation in subsection (d)(2), an employee eligible for extended supplemental
pay under rule 2-14.2(b) on October 1 accrues 16 hours of personal leave.
|
| 2-14.4
Payment of Supplemental Pay |
| (a) |
Payment and documentation. An appointing authority shall not pay any supplemental pay until an eligible employee submits official documentation indicating (1) the period during which the employee was paid for service in the uniformed services and (2) the amount of the employee’s gross basic pay for that service. |
| (b) |
Deductions.
Supplemental pay is subject to deductions required by law. |
| (c) |
Uniform
method. The state personnel director shall provide a uniform method
of computing supplemental pay and recovering overpayments. |
| (d) |
Centralized review. The state personnel director may require employees to submit requests for supplemental pay directly to civil service staff for centralized review and approval. In such case, civil service staff may exercise any of the powers or responsibilities granted in this rule or the regulations to an appointing authority. |
| (e) |
Prospective amendments. An employee who becomes eligible for a benefit under this rule or the applicable regulations as a result of an amendment to the rules or regulations is entitled to the benefits prospectively from the effective date of the amendment and not retroactively. |
| 2-14.5
Supplemental Continuation of Group Health, Dental, and Vision Insurance
|
| If an employee or eligible dependent is participating in a group medical, dental, or vision plan when the employee’s absence due to service in a uniformed service begins, the employee may elect to continue coverage under the plan as provided in this rule and the regulations. |
| (a) |
30 or fewer calendar days of service. If the employee is absent for 30 or fewer calendar days of service during a fiscal year, the employee may elect to continue coverage by paying the employee’s portion of the cost (if any) of continuing coverage. |
| (b) |
31 or more days of service. If the employee is absent for 31 or more days, the employee may elect to continue coverage by paying the following share of the cost of continuing coverage, as appropriate: |
| |
(1) |
Eligible
for supplemental pay. If an employee is eligible for supplemental pay,
the employee pays only the employee's portion of the cost. |
| |
(2) |
Not eligible for supplemental pay. If the employee is not eligible for supplemental pay or is disqualified under rule 2-14.2(c), the employee may continue coverage by paying 102 percent of the full cost of the coverage. Such coverage expires on the earlier of the following: |
| |
|
(A) |
24-months
after the date that the employee's absence from the classified service began. |
| |
|
(B) |
The
day after the last date for the employee to return to work or give notice
of readiness to return to work, as determined under the regulations. |
| (c) |
Exclusions
and waiting periods. |
| |
(1) |
No exclusions or waiting period on returning to work. Except as provided in subsection (c)(2), an employee whose coverage under a group health plan was terminated by reason of service in the uniformed services cannot have an exclusion or waiting period imposed in connection with the reinstatement of the coverage upon returning to work under this rule. This subsection applies to the employee who returns to work and to any dependent who is covered by the health plan by reason of the reinstatement of the coverage of the employee. |
| |
(2) |
Exception for service-connected injuries. The prohibition in subsection (c)(1) does not apply to the coverage of any illness or injury incurred in or aggravated during a period of service in the uniformed services. |
| 2-14.6
Supplemental Coverage for State National Guard Duty |
| An employee who is a member of a national guard unit and is ordered to emergency active duty by the governor or volunteers for such state duty is entitled to the employment and return-to-work rights and benefits provided in this rule and the applicable regulations even if the employee is not entitled to similar rights or benefits under federal law. |
| 2-14.7
Enforcement |
| (a) |
Complaints. |
| |
(1) |
Grievance. Except as provided in subsection (a)(2), an employee who is entitled under this rule or the regulations to return-to-work rights or benefits and who claims that an appointing authority has failed or refused, or is about to fail or refuse, to comply with the provisions of this rule or the regulations, may file a grievance and grievance appeal as authorized in the rules and applicable regulations. |
| |
(2) |
Technical complaint. A person, whether or not a classified employee, who is entitled to employment or return-to-work rights or benefits under the regulations and has a complaint regarding a technical decision may file a technical complaint as authorized in the rules and the regulations. |
| (b) |
Stay of proceedings. A grievance or technical complaint under this rule or the regulations concerning employment or return-to-work rights or benefits due to service in the uniformed services is automatically stayed if any of the following proceedings are initiated under applicable federal law concerning any of the same period of service in the uniformed services alleged in the grievance or technical complaint: |
| |
(1) |
An
investigation by the United States Secretary of Labor in response to a complaint
filed by the employee. |
| |
(2) |
A state or federal civil action filed by the employee against the State of Michigan or any of its agencies. |
| |
(3) |
A state or federal civil action filed by the United States on behalf of the employee against the State of Michigan or any of its agencies. |
| (c) |
Summary dismissal of grievance. If an employee receives a final judgment on a claim in a civil action brought against the State of Michigan or any of its agencies under applicable federal law concerning employment or return-to-work rights or benefits due to service in the uniformed services, a grievance or technical complaint under this rule or the regulations by the employee regarding any of the same period of service in the uniformed services may be summarily dismissed in whole or in part on the basis of claim preclusion or issue preclusion, as appropriate. |
| (d) |
No waiver. This rule does not constitute a waiver of the sovereign immunity of the State of Michigan under the United States Constitution. |
|
[Rule
2-14 last amended August 26, 2007] |
| 2-15
[Reserved] |
| |
| 2-16
Assumption into Classified Service |
| 2-16.1
Assumption Authorized |
| If the legislature, the governor, a court, or the state personnel director determines that an existing position outside the classified service is or will become a position in the state service, the director shall assume the position into the classified service. The assumption must be completed in accordance with civil service rules and regulations. The assumption must also be completed in accordance with any applicable law, executive order, or court order, to the extent the law or order is not inconsistent with the civil service commission’s constitutional authority or the civil service rules and regulations. |
| 2-16.2
Classification of Assumed Positions |
| The state personnel director shall evaluate the position to be assumed and shall establish and classify the position within the classified service in the same manner as a newly established position. Only the appointing authority may appeal the classification of an assumed position. |
| 2-16.3
Appointment |
| The appointing authority shall make an appointment to an assumed position in the same manner as an appointment to a newly established position. However, the state personnel director may authorize the appointment of the employee occupying the same position outside the classified service in accordance with the following standards: |
| (a) |
Merit selection and 3 years of service. The director may authorize an appointment without further testing of an employee with at least 3 years satisfactory service at assumption if the employee’s original selection was substantially based on merit. The employee must satisfactorily complete a probationary period as a classified employee and receive a final satisfactory probationary rating as provided in rule 2-3 [Performance Ratings]. If the employee does not satisfactorily complete the initial probationary period, the appointing authority shall separate the employee from the classified service. |
| (b) |
No merit selection or less than 3 years of service. The director may authorize a temporary appointment for a period not to exceed 6 months for an employee with less than 3 years service at assumption or whose original selection was not substantially based on merit. During the 6 months, civil service staff shall examine the employee on a noncompetitive basis. The employee must also satisfactorily complete a probationary period as a classified employee and receive a final satisfactory probationary rating as provided in rule 2-3 [Performance Ratings]. If the employee does not satisfactorily complete the examination or initial probationary period, the appointing authority shall separate the employee from the classified service. |
| 2-16.4
Treatment of Employees |
| An employee who is appointed to a position assumed into the classified service is considered as a new hire without status as of the assumption, except as authorized by rule, regulation, or the state personnel director. Unless prohibited by these rules, the director may approve in writing the transfer to the classified service of some or all of a benefit, credit, status, seniority, or contract right accrued by an employee under a previous employer. |
| 2-16.5
Pay and Benefits |
| The state personnel director shall establish the pay and benefits for an employee appointed to a position after consultation with the state employer and the appointing authority in accordance with the following standards: |
| (a) |
Pay. The initial rate of pay for an employee whose position is assumed is established at the state pay level closest to, but not less than, the employee’s rate of pay before assumption. The state personnel director may, at the request of the state employer or the appointing authority, approve continuation of a rate of pay that exceeds the maximum for the classification if the employee’s pay is red-circled. |
| (b) |
Transfer of annual leave and sick leave balances. If the employee has not been compensated for annual and sick leave balances outstanding on the date of assumption, the state personnel director may approve the transfer of all or a portion of the balances to the classified service. The number of hours transferred cannot exceed the maximum number permitted in the compensation plan. The state of Michigan is not liable for the value of any excess balance that is not transferred. |
| (c) |
Retirement.
The employee is eligible for retirement credit only as provided by law. |
| 2-16.6
Prior Employment Contracts |
| Unless expressly agreed to in a writing signed by the state employer and the state personnel director, an employment contract between an employee assumed into the classified service and the previous employer, including a collective bargaining agreement, cannot be assumed by the state of Michigan and is void. |
| 2-16.7
Relation to Collective Bargaining |
| All determinations and actions by the state personnel director or civil service commission under this rule, including, but not limited to, an assumption of a position, classification of an assumed position, initial appointment to an assumed position, initial treatment of an assumed employee, and initial pay and benefits of an assumed employee are prohibited subjects of bargaining and are not subject to the provisions of a collective bargaining agreement. However, if the director approves the transfer of seniority earned outside the classified service, the application of those seniority rights for purposes of reassignment, transfer, layoff, or recall within a unit is a mandatory subject of bargaining. |
| 2-16.8
Special or Unique Circumstances |
| If special or unique circumstances require treatment of an employee assumed into the classified service that is prohibited by these rules, the state personnel director, with the consent of the civil service commission, is authorized to approve in writing such special or unique treatment as may be required for the good of the classified service. |
|
[Rule
2-16 last amended effective August 26, 2007] |
| 2-17
Retirement |
| 2-17.1
Cooperation with Board |
| The state personnel director shall cooperate with the state employees’ retirement board in maintaining a comprehensive retirement system for classified employees. |
| 2-17.2
Return to Work from Retirement |
| Regardless of any other provision of these rules, a state classified employee retired or retiring under any state of Michigan retirement system who applies for and obtains employment in a classified position is considered, in all respects, as a new employee, subject to the following conditions: |
| (a) |
Exception, reinstatement. A retired employee may be reinstated, but cannot receive any other employment benefits based upon previous classified service. |
| (b) |
Exception, disability retirement. A classified employee who retires under a duty or nonduty disability provision of any state of Michigan retirement system and returns directly to a classified position after the disability ends is considered a continuing employee, but cannot receive state service credit for any purpose for the period of the disability retirement. |
| (c) |
Exception, deferred retirement. A classified employee who has taken a deferred retirement and is reinstated or rehired before receiving a retirement benefit payment must requalify to receive prior service credit for longevity and annual leave. |
| (d) |
Exception,
deferred retirement option plan for state police command officers.Exception, deferred retirement option plan for state police command officers. A state police command officer participating in the deferred retirement option plan authorized in section 24a of Public Act 182 of 1986, as added in Public Act 83 of 2004, continues as an active employee as provided in Rule 5-17 [Deferred Retirement Option Plan
for State Police Command Officers]. |
|
[Rule
2-17 last amended effective April 29, 2004] |
| 2-18
Training |
| 2-18.1
Responsibility |
| Each appointing authority is responsible for in-service training. However, the civil service commission may direct the establishment of any training program it considers necessary. |
| 2-18.2
Training Needs |
| The state personnel director shall assist agencies in determining their needs and devising and establishing programs to meet those needs. |
| 2-18.3
Continuing Education |
| The state personnel director shall provide agencies with continuing education information and shall work with them and continuing education providers to establish programs that meet the occupational needs of state employees. |
| 2-18.4
Interagency Training |
| Civil service staff may provide needed interagency training. |
|
[Rule
2-18 last amended effective August 26. 2007] |
| 2-19
Legal Representation |
| If an employee is named in any civil claim or action alleging negligence or other actionable conduct arising out of employment in the classified service, the employee may request that the appointing authority provide the services of an attorney at state expense to represent the employee. If the appointing authority determines either (1) that the conduct alleged occurred during the course of the employee’s employment and within the scope of the authority delegated to the employee or (2) that the employee’s conduct occurred during the course of the employee’s employment and the employee had a reasonable belief that the employee’s conduct was within the scope of authority delegated to the employee, the employee is entitled to legal representation at state expense, subject to the following conditions: |
| (a) |
If the appointing authority authorizes legal representation at state expense, the appointing authority shall first request that the attorney general represent the employee. If the attorney general declines to represent the employee, the appointing authority may, at its option, either hire an attorney to represent the employee or authorize the employee to hire an attorney. If the employee hires an attorney, the appointing authority shall reimburse the employee for all necessary and reasonable attorney fees and costs incurred. |
| (b) |
The appointing authority is not required to provide legal services at state expense in connection with prosecution of a criminal suit against an employee.
|
| (c) |
Nothing in this rule requires an appointing authority to reimburse an employee or insurer for legal services to which the employee is entitled under a policy of insurance. |
|
[Rule
2-19 last amended effective January 1, 2002] |
| 2-20
Workplace Safety |
| 2-20.1
Acts of Violence and Threats of Violence |
| (a) |
Prohibited
Acts. An employee shall not commit an act of violence or a threat of
violence. |
| (b) |
Requirement to Report. If an employee becomes aware of an act of violence or a threat of violence, the employee shall immediately report the act or threat to the appointing authority or the appointing authority’s designee. |
| (c) |
Action by Appointing Authority. An appointing authority or designee who receives a credible report of an act of violence or a threat of violence shall take reasonable actions to protect employees. |
| 2-20.2
Firearms and Explosives |
| (a) |
Carrying and Possession Prohibited; Exceptions. An employee shall not carry or possess a firearm or explosive at a state workplace or during actual-duty time, except as authorized below: |
| |
(1) |
Firearm. An employee may carry or possess a firearm at a state workplace or during actual-duty time only under one of the following circumstances: |
| |
|
(A) |
TThe employee is (1) employed in a law enforcement, correctional, investigative, security, or military capacity and (2) permitted or required by agency work rules to carry or possess a firearm at a state workplace or during actual-duty time. |
| |
|
(B) |
The appointing authority has specifically authorized the employee in writing to carry or possess a firearm at a state workplace or during actual-duty time. |
| |
|
(C) |
Except when prohibited by law or an agency work rule, the employee carries or possesses a firearm inside a personal vehicle while the firearm is completely unloaded and enclosed in a case in the vehicle or carried in the trunk of the vehicle. |
| |
(2) |
Explosives. An employee may carry or possess an explosive at a state workplace or during actual-duty time if the employee is authorized by the appointing authority to carry or possess the explosive as part of the employee’s official duties. |
| |
(3) |
Requirements. An employee authorized to carry or possess a firearm or explosive under subsection (a)(1) or (a)(2) must carry or possess the firearm or explosive in a reasonable manner and in compliance with (1) all applicable laws, including the civil service rules and regulations, (2) all agency work rules, and (3) any instructions or limitations imposed by the appointing authority. |
| (b) |
Requirement to Report Violations. An employee who becomes aware that any person possesses or is carrying a firearm or explosive in violation of this rule shall immediately report the matter to the appointing authority or the appointing authority’s designee. |
| (c) |
Action by Appointing Authority. An appointing authority or designee who receives a credible report of a violation of this rule shall take reasonable actions to protect the safety of employees. |
| 2-20.3
Effect of Other Laws |
| This rule regulates the ability of employees to carry or possess firearms and explosives (1) at any state workplace at any time and (2) in any place during actual-duty time. Except as specifically authorized in this rule, a constitutional or statutory provision that otherwise permits a person to carry or possess a firearm or an explosive does not authorize an employee to carry or possess a firearm or explosive during actual-duty time or at a state workplace. |
| 2-20.4
Penalty |
| If an employee violates this rule, an appointing authority may discipline the employee, up to and including dismissal. |
| 2-20.5
Agency Work Rules |
| An appointing authority may issue agency work rules related to firearms, explosives, and workplace safety that are not inconsistent with this rule. |
|
[Rule
2-20 last amended effective August 26, 2007] |
|
[End of Chapter 2]
|
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