March 1, 1944
|TO:||ALL DEPARTMENTS HEADS
|FROM:||GOVERNOR ARTHUR B. LANGLIE
|SUBJECT:||AMENDED RULES GOVERNING CERTAIN PERSONNEL PRACTICES|
In order to clarify and broaden the general administrative rules governing certain personnel practices in all departments and agencies directed by officers appointed by the Governor and to further guarantee uniform and equitable policies, standards, and procedures, the following will be considered as amending the executive bulletin of July 7, 1942.
Section 1. Authorization of Positions: No position in the state service, unless specifically created by the Constitution or by statute, shall be established except on authorization in writing by the head of the department concerned.
Section 2. Hours of Duty: Minimum requirements as to hours of duty shall be specified. They may vary for different classes of positions and different places and conditions of work, but shall be uniform for employees of the same class employed under like conditions of work. Such minimum requirements shall be prescribed by the heads of the departments concerned and set forth in instructions issued by them to govern their respective departments.
The minimum hours prescribed, however, in no case shall be less than thirty-nine hours a week for full time employment with due allowance made for authorized holidays and leaves of absence with pay. The normal or standard hours of daily attendance in all general offices, but not necessarily in district offices or institutions, shall be no less than seven hours of actual daily attendance on duty for five days in each week and four hours on a sixth day.
The head of a department may, however, adjust the hours of any individual employee, or group of employees, under his supervision to provide for a different schedule of daily working hours or for extra services outside of the normal or average working hours, but such adjustment shall not result in requiring an average of less than thirty-nine hours a week for full time employment, provided that offices shall be open to the public during hours prescribed by law.
Section 3. Leaves of Absence with Pay: Payments may be made to subordinate officers and employees for absence during their assigned hours of duty, only for the purposes and to the extent provided in the sections that follow covering sick leave, annual leave, civil leave, and military leave. In calculating leaves, the total working time normally required of each employee in a week shall be treated as the equivalent of the six normal working days of the week.
Section 4. Sick Leave with Pay: Leave with full pay on account of illness or injury, minus the amount of any industrial insurance payments received by the employee in compensation for such illness or injury for the period of such leave, may be allowed all subordinate officers and employees working on a regular monthly basis, to an amount up to one working day for each completed month of service from the time of employment, but only for one of the following reasons, where the facts are established to the satisfaction of the head of the department.
(1) Because of, and during, illness or injury incapacitating the employee to perform his duties, or
(2) By reason of exposure to contagious disease during such period as his attendance on duty would jeopardize the health of fellow workers or the public, or
(3) Because of illness in the immediate family requiring the attendance of the Employee.
(a) For the purpose of Subsection (3) of Section 4. "Immediate family" shall include only persons related by blood or marriage or legal adoption in the degree of consanguinity of grandparent, parent, wife, husband, brother, sister, child, or grandchild; and any relative living in the officer or employee's household.
(b) Sickness shall be reported at the beginning of any period of sick leave, to the immediate supervisor by the officer or employee or a person designated to act for him. Upon his return to work the officer or employee shall give a written statement to the head of the department explaining the nature of his sickness, and submit a formal request for approval of the leave so taken,
(c) Sick leave shall be cumulative to a total of sixty (60) working days.
(d) In case of absence arising by reason of injury to an officer or employee in line of duty, except when covered by industrial insurance, or by reason of illness from contagious or infectious disease clearly contracted in the line of duty where the officer or employee' s occupation is such as to require exposure to known cases of such contagious or infectious disease, the head of the department any extend the sick leave provided for in these rules.
(e) Unauthorized absence from duty for three consecutive working days, resignation, dismissal, or death, shall constitute separation from the service. Whenever any officer or employee is separated from the service all of his sick leave credits shall be cancelled; Provided, however, that upon being reemployed by the state such credits may be restored, at the discretion of the head of the department.
Section 5. Annual Leave with Pay: Annual leave with full pay shall accrue to all subordinate officers and employees working on a regular monthly basis, who have been continuously in the employ of the state for six months or more, at the rate of six working days for the first six completed months of service, and one working day for each completed month of service thereafter.
(a) Annual leave shall be cumulative to a total of twenty-four (24) working days.
(b) Annual leave accrued at tile end of the first six months of completed service may be taken in the seventh month or any subsequent month, and annual leave accrued in the seventh and each month thereafter may be taken in the following month or any subsequent month.
(c) Except as hereinafter provided in subsection (e) no annual leave shall be taken except at a time when it will least interfere with the work of the department, the determination of which shall rest with the head of the department.
(d) Upon separation from the service for any cause excepting by death, annual leave shall be allowed to the extent of the officer or employee's accrued and unused annual leave credits, as shown by the department's records.
Section 6. Civil Leave with Pay: Any necessary leave may be allowed by the head of the department to permit any subordinate officer or employee to serve as a member of a jury, to take examinations for state positions, or to exercise his other civil duties. Each officer or employee who is granted such leave and who, for the performance of the civil duties involved, receives any compensation shall be paid by the state for the time he is absent only in the amount of the excess of his regular salary over the compensation so received.
Section 7, Military Leave with Pay: Leave not to exceed fifteen calendar days in any period of twelve consecutive months, over and above the annual leave, may be allowed any officer or employee who is a member of the National Guard or Reserve Corps of the United States to the extent authorized by, and under the provisions of Chapter 113 of the Session Laws of 1939.
Section 8. Leave of Absence Without Pay: Leave of absence without pay may be allowed for specific periods, for any of the reasons applicable for leave with pay, for any periods beyond those covered by permissible leaves with pay, and for military service, and for maternity leave. Leave of absence without pay shall not be allowed to an extent aggregating more than twelve months in any consecutive period of five years, but this limitation shall not apply to absence on account of military service. Any officer or employee entering the military or naval service of the United States, under the conditions prescribed in Chapter 201 of the Session Laws of 1941, shall be entitled to leave of absence without pay and restoration to his position in accordance with the provisions of that act. Leave of absence without pay, except in cases of military service or maternity leave, shall not be authorized in any case where such leave shall operate to the detriment of the State service.
Section 9, Absence without Duly Authorized Leave: No leave of absence, whether with or without pay, shall be allowed unless authorized in advance and confirmed in writing. Absence not on duly authorized leave shall be treated as leave without pay and, in addition, may be grounds for disciplinary action.
Section 10. Records: Each department shall keep records of attendance and absence in such a manner as to produce all information necessary for conformity with these rules.
As of the effective date of this bulletin, each subordinate officer and employee shall be credited with one (1) working day of both sick leave with pay and annual leave with pay for each month of service actually completed since January 1, 1941, minus all such leave taken during that period, according to the records of the department. Such credits, in no case, shall exceed a maximum of thirty-nine (39) working days of accrued and unused sick leave, nor eighteen (18) working days of accrued and unused annual leave.
Section 11. Part-Time Services: Where less than full-time service is required or rendered, in any position, the monetary compensation therefore shall be paid only on such part-time basis, and payment shall take account of the ratio of hours actually engaged on duty to the hours required for full-time service.
Section 12, Application to Certain Departments: These rules shall apply to the Department of Health, the Department of Social Security, and the Department of Unemployment Compensation only after they have been approved by the Federal agencies from which such approval is required; Provided however, that immediate steps shall be taken by the heads of these departments to secure such approval.
These amended rules will become effective as of this date./s/ ARTHUR B. LANGLIE