Department Order 518 - Personnel Rules

CHAPTER: 500
PERSONNEL/HUMAN RESOURCES

OPR:
DIR

DEPARTMENT ORDER MANUAL

DEPARTMENT ORDER: 518

PERSONNEL RULES - DELEGATED AUTHORITY

SUPERSEDES:
IMP 206.10, 05/18/90

EFFECTIVE DATE:
SEPTEMBER 1, 1996

TABLE OF CONTENTS

	PURPOSE
	PROCEDURES
518.01	R2-5-102.B - GENERAL PROVISIONS - AVAILABILITY OF FUNDS
518.02	R2-5-205.E.5 - CERTIFICATION AND SELECTION
518.03	R2-5-213.B - CREDIT FOR PRIOR SERVICE
518.04	R2-5-213.C.2 - ORIGINAL PROBATION - EXTENSIONS
518.05	R2-5-213.C.3.a - ORIGINAL PROBATION - COMPLETION
518.06	R2-5-213.C.3.b - DISMISSAL OF PROBATIONARY EMPLOYEES
518.07	R2-5-213.D.2 - REVERSION FROM PROMOTIONAL PROBATION
518.08	R2-5-213.E.1 - PROBATION -REINSTATED/RE-EMPLOYED EMPLOYEES
518.09	R2-5-301.E - CLASSIFICATION - ALLOCATION
518.10	R2-5-301.G - CLASSIFICATION REVIEW
518.11	R2-5-305.A - APPROVAL OF OVERTIME WORK
518.12	R2-5-305.C.2 - OVERTIME WORK - NONEXEMPT EMPLOYEES
518.13	R2-5-306.B - STANDBY DUTY PAY
518.14	R2-5-402.E.1 - HOLIDAY COMPENSATION
518.15	R2-5-403.E - USE OF ANNUAL LEAVE
518.16	R2-5-404.D.1 - APPROVAL OF SICK LEAVE
518.17	R2-5-404.D.2 - SICK LEAVE - EVIDENCE
518.18	R2-5-404.D.3 - SICK LEAVE - EXAMINATION
518.19	R2-5-405.C - INDUSTRIAL DISABILITY - LIGHT DUTY
518.20	R2-5-408.A - EDUCATIONAL LEAVE - GENERAL
518.21	R2-5-408.B - EDUCATIONAL LEAVE - APPLICATION
518.22	R2-5-409 - ADMINISTRATIVE LEAVE
518.23	R2-5-411 - PARENTAL LEAVE
518.24	R2-5-412.A - MEDICAL LEAVE WITHOUT PAY
518.25	R2-5-413.A - LEAVE WITHOUT PAY - APPROVAL
518.26	R2-5-502.B - HOURS OF EMPLOYMENT
518.27	R2-5-502.C - VARIATION OF WORK SCHEDULES
518.28	R2-5-602.A - INTRA-AGENCY TRANSFER
518.29	R2-5-603.A - DETAIL TO SPECIAL DUTY
518.30	R2-5-801.A AND B - SUSPENSION - AUTHORITY
518.31	R2-5-802.A - DEMOTION - AUTHORITY
518.32	R2-5-803.A - PRE-DISMISSAL PROCEDURES
518.33	R2-5-803.B - DISMISSAL PROCEDURES
518.34	R2-5-803.D - RELIEF FROM DUTY
518.35	R2-5-901.C - RESIGNATION - REFUSAL
518.36	R2-5-901.D - WITHDRAWAL OF RESIGNATION
	DEFINITIONS

PURPOSE

The Director, who is authorized to administer most of the Personnel Rules for the Department of Corrections, delegates to the Assistant Directors and their supervisory staff the authority and responsibility to implement specific personnel actions. This Department Order identifies Personnel Rules administered by the Director and prescribes when and to whom such authority is delegated.

PROCEDURES

518.01 R2-5-102.B - GENERAL PROVISIONS - AVAILABILITY OF FUNDS - The granting of any compensation in these rules is contingent upon the availability of funds, as determined by the Director and the DOA Director.

Authority Delegated To: Assistant Directors and verified by the ADC Administrative Services Division.

518.02 R2-5-205.E.5 - CERTIFICATION AND SELECTION - The DOA Director or the Director may check references and investigate a candidate's background, education or work history. If the results of these checks and investigations bring out information that might affect the rating in any examination, the rating may be adjusted by the DOA Director.

Authority Delegated To: The Personnel Services Bureau, the Inspections and Investigations Division and the specific hiring authorities as provided in Department Order #504, Recruitment and Hiring System . (See sections addressing applicant disqualification, fingerprint cards, background investigations, and employment of ex-offenders.)

518.03 R2-5-213.B - CREDIT FOR PRIOR SERVICE - Upon the request of the Director, up to one year of State Service immediately prior to a probationary appointment in the same class may be credited toward completion of the probationary period by the DOA Director, provided that such service was achieved under the same program of orientation, training, and evaluation applied to other probationary employees. This provision for crediting prior service does not apply to employees converted to a permanent or limited position.

Authority Delegated To: A hiring authority may request up to one year of State Service immediately prior to a probationary appointment in the same class be credited towards the probationary period. This request shall be forwarded to the Personnel Services Bureau Administrator for approval at the time the employee is hired.

518.04 R2-5-213.C.2 - ORIGINAL PROBATION - EXTENSIONS - The Director may extend an employee's probationary period for job-related reasons.

Authority Delegated To: Assistant Directors as provided in Department Order #504, Recruitment and Hiring System.

518.05 R2-5-213.C.3.a - ORIGINAL PROBATION - COMPLETION - The Director evaluates a probationary employee and submits a report to the DOA Director at least 15 days prior to the expiration of the employee's probationary period.

Authority Delegated To: Assistant Directors to ensure that subordinate supervisors prepare performance evaluations of probationary employees, as provided in Department Order #514, Employee Performance Evaluation System (EPAS), and submit these evaluations to the Personnel Services Bureau within established time frames.

518.06 R2-5-213.C.3.b - DISMISSAL OF PROBATIONARY EMPLOYEES - If the Director determines at any time during an original probationary period that the services of the probationary employee are no longer required, the employee may be offered a voluntary grade decrease or be dismissed without the right of appeal. In the case of a dismissal, the Director furnishes the employee with a copy of the letter of dismissal.

Authority Delegated To: Assistant Directors, Wardens, Deputy Wardens, Administrators and Bureau Administrators as provided in Department Order #508, Employee Discipline System.

518.07 R2-5-213.D.2 - REVERSION FROM PROMOTIONAL PROBATION - The Director may revert an employee who fails to successfully complete a promotional probation to a position in the Department in the class in which permanent status was held immediately prior to the promotion. The employee shall not have the right to appeal.

Authority Delegated To: Assistant Directors, Wardens, Deputy Wardens, Administrators and Bureau Administrators who shall coordinate the reversion with the Personnel Services Bureau. Approval authority as provided in Department Order #508, Employee Discipline System , shall be coordinated with the Personnel Services Bureau to ensure a suitable vacancy exists.

518.08 R2-5-213.E.1 - PROBATION - REINSTATED/REEMPLOYED EMPLOYEES - The Director may require a former employee who is reinstated or reemployed to complete an original probation.

Authority Retained By The Director: All reinstated/reemployed employees shall complete a full original probation period.

518.09 R2-5-301.E - CLASSIFICATION - ALLOCATION - The Director may underfill a position with the prior approval of the DOA Director.

Authority Delegated To: The hiring authority shall submit requests for underfills to the Personnel Services Bureau, which shall seek the necessary approval from the Department of Administration.

518.10 R2-5-301.G - CLASSIFICATION REVIEW - An employee or the Director may file a written request with the DOA Director for review of the classification of the position.

Authority Delegated To: The employee or hiring authority who shall submit a written request to the Personnel Services Bureau, which shall forward the written request to the Department of Administration.

518.11 R2-5-305.A - APPROVAL OF OVERTIME WORK - All work in excess of 40 hours per week or in excess of an established work period must be approved by the Director.

Authority Delegated To: Assistant Directors, Wardens, Administrators and Bureau Administrators as provided in Department Order #512 , Employee Work Hours, Compensation and Leave System.

518.12 R2-5-305.C.2 - OVERTIME WORK - NONEXEMPT EMPLOYEES - The Director determines if the excess hours are to be compensated by overtime pay or compensatory leave, unless the employee's compensatory leave balance has reached the maximum allowed, in which case the employee must be compensated by overtime pay.

Authority Delegated To: Assistant Directors, Wardens, Administrators and Bureau Administrators as provided in Department Order #512, Employee Work Hours, Compensation and Leave System.

518.13 R2-5-306.B - STANDBY DUTY PAY - The Director may place an employee on standby duty when the established criteria are met and the Director considers such action to be in the best interests of State Service.

Authority Delegated To: Assistant Directors, Wardens, Deputy Wardens, Administrators and Bureau Administrators as provided in Department Order #512, Employee Work Hours, Compensation and Leave System.

518.14 R2-5-402.E.1 - HOLIDAY COMPENSATION - An employee who is required to work on an official state holiday shall receive, for each hour worked, one hour of additional pay or one hour of annual leave or one hour of time off with pay on an alternate workday as specified by the Director.

Authority Delegated To: The employee's supervisor for the annual leave and alternate workday options; the employee's Assistant Director for the additional pay option (follow the procedure used for overtime payments).

518.15 R2-5-403.E - USE OF ANNUAL LEAVE - Annual leave may be taken at any time approved by the Director.

Authority Delegated To: The employee's supervisor as provided in Department Order #512, Employee Work Hours, Compensation and Leave System.

518.16 R2-5-404.D.1 - APPROVAL OF SICK LEAVE - Sick leave may be taken when approved by the Director.

Authority Delegated To: The employee's supervisor.

518.17 R2-5-404.D.2 - SICK LEAVE - EVIDENCE - The Director may require submission of evidence substantiating the need for sick leave. If the Director determines the evidence is inadequate, the absence shall be charged to another category of leave or considered absence without leave.

Authority Delegated To: The employee's supervisor.

518.18 R2-5-404.D.3 - SICK LEAVE - EXAMINATION - The Director may require an employee to be examined by a licensed health care practitioner designated by the Director.

Authority Delegated To: The approving authority as provided in Department Order #508, Employee Discipline System . The designated physician shall be approved by the Employee Relations Officer.

518.19 R2-5-405.C - INDUSTRIAL DISABILITY - LIGHT DUTY - In the event of a disability that would impair performance on the former job, the Director makes every effort to place the employee in a suitable position, as reasonably determined by the Director.

Authority Delegated To: Assistant Directors as provided in Department Order #513 , Employee Health and Safety System.

518.20 R2-5-408.A - EDUCATIONAL LEAVE - GENERAL - An employee may be absent with pay to participate in a formal educational or training course of study at a college, university or technical school with the approval of the Director and the DOA Director, based on the determination that the leave is in the best interest of State Service.

Authority Delegated To: Assistant Directors for recommendation of approval to the Director.

518.21 R2-5-408.B - EDUCATIONAL LEAVE - APPLICATION - An approved educational leave application shall be accompanied by a written agreement signed by the Director and the employee.

Authority Delegated To: Assistant Directors for preparation of written agreements and recommendations of approval to the Director.

518.22 R2-5-409 - ADMINISTRATIVE LEAVE - The Director may authorize an employee to be absent with pay on administrative leave during emergency situations or to temporarily relieve an employee of duties during the investigation of alleged misconduct by the employee.

Authority Delegated To: The Approving Authority as provided in Department Order #508, Employee Discipline System.

518.23 R2-5-411 - PARENTAL LEAVE - The Director approves requests for parental leave, subject to the five conditions specified in R2-5-411.1 through 5.

Authority Delegated To: The employee's supervisor.

518.24 R2-5-412.A - MEDICAL LEAVE WITHOUT PAY - The Director approves requests for medical leave without pay for permanent status employees, subject to the four conditions specified in R2-5-412.1 through 4.

Authority Delegated To: Assistant Directors, Wardens, Deputy Wardens, Administrators and Bureau Administrators.

518.25 R2-5-413.A - LEAVE WITHOUT PAY - APPROVAL - All leave without pay must be approved in advance and in writing by the Director.

Authority Delegated To: Wardens, Deputy Wardens, Administrators and Bureau Administrators for 40 hours; the Assistant Director for more than 40 hours.

518.26 R2-5-502.B - HOURS OF EMPLOYMENT - The Director determines the hours of employment in the workweek for each employee.

518.27 R2-5-502.C - VARIATION OF WORK SCHEDULES - If, in the Director's discretion, it is determined that the Department's existing services can be maintained by employees working a 40-hour workweek in four workdays, the Director offers this option to the affected employees.

Authority Delegated To: Assistant Directors, Wardens, Deputy Wardens, Administrators and Bureau Administrators as provided in Department Order #512 , Employee Work Hours, Compensation and Leave System.

518.28 R2-5-602.A - INTRA-AGENCY TRANSFER - The Director may transfer an employee to a position in the same pay grade, provided the employee meets the minimum qualifications for the position.

Authority Delegated To: Assistant Directors in accordance with Department Order #504, Recruitment and Hiring System.

518.29 R2-5-603.A - DETAIL TO SPECIAL DUTY - The Director may detail a permanent status employee to special duty in a covered position in the same or another class within the Department, provided the conditions specified in R2-5-603.A.1 and 2 are met.

Authority Delegated To: Assistant Directors may detail to special duty an employee who will perform the duties of a vacant position. A detail to special duty shall be for at least two full weeks. The maximum length of a detail to special duty shall be in accordance with R2-5-603.A and B.

518.30 R2-5-801.A AND B - SUSPENSION - AUTHORITY - The Director may suspend an employee without pay for cause. In the case of a suspension without pay, the Director provides the employee with a written statement of the reasons for the suspension.

Authority Delegated To: The approving authority as provided Department Order #508, Employee Discipline System.

518.31 R2-5-802.A - DEMOTION - AUTHORITY - A permanent status employee may be demoted for cause by the Director to any permanent position, provided the employee meets the minimum qualifications of the class.

Authority Delegated To: The approving authority as provided in Department Order #508 , Employee Discipline System. Demotions shall be coordinated with the Personnel Services Bureau to ensure a suitable vacancy exists.

518.32 R2-5-803.A - PRE-DISMISSAL PROCEDURES - Before an employee with permanent status can be dismissed, the Director gives the employee written notice of the charges, a summary of the Director's basis for the charges and an opportunity for the employee to present a written response. The employee's response shall be made not later than three workdays after the employee receives notice of the charges, unless extended in writing by the Director.

Authority Delegated To: The approving authority as provided in Department Order #508, Employee Discipline System.

518.33 R2-5-803.B - DISMISSAL PROCEDURES - The Director may dismiss any employee with permanent status only for cause, but not before attempting to serve the employee personally or with written notice of the specific reasons for dismissal, by registered or certified mail, return receipt requested.

Authority Delegated To: The approving authority as provided in Department Order #508, Employee Discipline System.

518.34 R2-5-803.D - RELIEF FROM DUTY - Nothing in this Rule shall preclude the Director from immediately placing an employee on administrative leave pending implementation of dismissal procedures, but no pay shall be withheld for such period.

Authority Delegated To: The approving authority as provided in Department Order #508 , Employee Discipline System.

518.35 R2-5-901.C - RESIGNATION - REFUSAL - The Director may refuse to accept a resignation and may instead dismiss an employee pursuant to R2-5-803.

Authority Delegated To: The approving authority as provided in Department Order #508, Employee Discipline System.