Chapter 478-1 RULES OF THE STATE PERSONNEL BOARD
Rule 478-1-.01 Organization of the Board
| (1) | Membership. Article IV,
Section III, Paragraph I of the Constitution of the State of Georgia requires
there shall be a State Personnel Board which shall consist of five members
appointed by the Governor, subject to confirmation by the Senate. The members
of the Board in office on June 30, 1983, shall serve out the remainder of their
respective terms. As each term of office expires, the Governor shall appoint a
successor as herein provided. All such terms of members shall be for five (5)
years. Members shall serve until their successors are appointed and qualified.
A member of the State Personnel Board may not be employed in any other capacity
in state government. A chairman shall be selected by the members of the board
from its membership.
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| (2) | Organization of Board. The Board shall, at the regular meeting in
December of each year or at such time as the Chair may determine, elect one
member to act as Chair for a term of one year, or until a successor is duly
elected. At the same time the Board shall elect one of its members to act as
vice-chair for the same term and to act for the chair in his/her absence. If
the office of chair is vacated because of death or resignation, or in any other
manner, before the expiration of his/her term as Chair, the Board shall elect a
successor at its next regular meeting, who shall serve for the unexpired term.
Any member who has served a full term as chair or vice-chair of the Board shall
not be eligible for reelection to the same office until an interval of one term
has expired.
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| (3) | Functions, Powers and Duties of the
Board; Compensation of Members. The Board shall hold
regular meetings at least once each month or at such time as the Chair may
determine and may hold additional meetings as may be required for the proper
discharge of its duties. Members of the Board shall receive no salary but shall
receive the same expense allowance per day as that received by a member of the
General Assembly for each day such member is attending meetings or performing
official business for the Board, plus reimbursement for actual transportation
costs while traveling by public carrier or the legal mileage rate for the use
of a personal automobile in connection with such attendance or official
business.
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Rule 478-1-.02 Terms and Definitions
This Rule provides definitions to be used when applying the Rules of the State Personnel Board. Key terms that are used in only one Rule may be defined within that Rule, rather than below.
| (1) | "Agency" and "Department" are used interchangeably to mean an Executive Branch employer, local department of Public Health, or Community Service Board. This term excludes the Board of Regents, authorities, and public corporations. |
| (2) | "Agency Head" and "Department Head" are used interchangeably to mean the highest ranking official within a State entity. |
| (3) | "Allocation" means the establishment of a new position and its assignment to the appropriate job title and job code within the classification plan. |
| (4) | "Applicant" means an individual who meets
all of the following criteria:
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| (5) | "Appointing Authority" means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions. The "Appointing Authority" for an agency is the agency head and all staff delegated such authority by the agency head or designee. |
| (6) | "Board" and "State Personnel Board" are used interchangeably to mean the body appointed by the Governor to provide direction for State human resources policy administration and which may be vested with such additional powers and duties as provided by law. |
| (7) | "Break in Service" means separation from continuous State employment for at least one workday. |
| (8) | "Classification Plan" means a statewide plan established by the Department of Administrative Services (DOAS) and approved by the State Personnel Board to identify and describe jobs performed in State agencies. The classification plan includes job information such as job title, job summary, responsibilities, and entry qualifications. |
| (9) | "Classified Employee" means an employee with procedural appeal rights set forth in O.C.G.A. §§ 45-20-8 and 45-20-9 who was in a classified position on June 30, 1996, and who has remained in a classified position without a break in service since that date. |
| (10) | "Classified Position" means a position that existed on June 30, 1996, held classified status on that date, and has not been occupied by an unclassified employee since that date. |
| (11) | "Commissioner" means the Governor-appointed head of the Department of Administrative Services. |
| (12) | "Compensation Plan" means a statewide system of pay ranges and pay supplement addenda established by the Department of Administrative Services, adopted by the State Personnel Board, and approved by the Director of the Governor's Office of Planning and Budget. |
| (13) | "Demotion" means the movement of a qualified employee to a job on a lower pay grade within the same compensation plan. When moving between two different pay plans, a pay grade is deemed lower when its market average or midpoint salary is 5% or more below the market average or midpoint of another pay grade. |
| (14) | "Employee" means an individual hired by an agency to provide services for wages and excludes independent contractors, volunteers, unpaid interns, and board members paid on a per diem basis. |
| (15) | "Employment-at-Will" means an employment relationship in which either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason. |
| (16) | "Full-time" means a work schedule of at least 40 hours per workweek, unless otherwise defined in law for purposes of participation in benefit programs. |
| (17) | "Furlough" and "Temporary Reduction-in-Force" are used interchangeably to mean a temporary period of mandatory time off work without pay for budgetary reasons. |
| (18) | "Hourly Employment" means an employment arrangement in which a State employer pays an employee wages on an hourly basis for actual hours worked. Hourly-paid employees are excluded from certain benefits. |
| (19) | "In pay status" means hours during a pay period for which an employee is entitled to pay. It includes time worked, paid holidays, all forms of paid leave, compensatory time, and suspension with pay. |
| (20) | "Job" means a broadly defined collection of duties and responsibilities that is assigned a job title, job code, and pay grade within the State's classification plan. Each State position is assigned to a job. State positions that are sufficiently similar in nature, scope, complexity, and minimum qualifying requirements are assigned to the same job. |
| (21) | "Job Code" means a unique alphabetic or numeric identifier associated with a job. |
| (22) | "Part-time" means a work schedule of fewer than 40 hours per workweek, unless otherwise defined in law for purposes of participation in benefit programs. |
| (23) | "Pay grade" means a range of pay within a minimum and maximum annual base salary to which one or more jobs are assigned. |
| (24) | "Period of armed conflict" means any period of armed military intervention beyond the limits of the United States as well as any confrontation of the armed forces of the United States with foreign nationals in which actual hostilities erupt. |
| (25) | "Permanent Status Employee" and "Employee with Permanent Status" are used interchangeably to mean an employee in the classified service who has successfully completed a working test period in the job in which employed. |
| (26) | "Position" means a set of duties and responsibilities typically assigned to one employee. Each position has a unique numeric identifier and is used to organize and assign work and to manage available head count. |
| (27) | "Promotion" means the movement of a qualified employee to a job on a higher pay grade within the same compensation plan. When moving between two different pay plans, a pay grade is deemed higher when its market average or midpoint salary is at least 5% greater than the market average or midpoint of another pay grade. |
| (28) | "Reallocation" means the change of a position from one job title and job code to a different job title and job code. |
| (29) | "Reassignment" means a structural change in the Classification Plan to move a job from one pay grade to another as a result of action by the DOAS Commissioner. |
| (30) | "Reduction-in-Force" means the separation from a job, the reduction in pay, or the furlough of one or more employees as the result of a shortage of work or funds or a change in organization. The reduction may involve classified employees, unclassified employees, or both. |
| (31) | "Regular Employment" means assignment to a budgeted position with no established end date that is compensated on a salaried basis. |
| (32) | "Salaried Employment" means employment compensated by an established interval amount, such as a semi-monthly or monthly rate, as opposed to being compensated on an hourly basis only for time worked. |
| (33) | "State Personnel Board Rules," "Rules," and "Merit System" are used interchangeably to mean the statewide policies adopted by the State Personnel Board and approved by the Governor that govern human resources in the State. |
| (34) | "Temporary employee" means an employee hired for a time-limited assignment of less than nine (9) months. Temporary employees may be eligible for healthcare benefits depending on the length of assignment and anticipated work hours. |
| (35) | "Time-limited Employee with Benefits" means an employee hired for a time-limited assignment of nine (9) months or longer who is scheduled for a sufficient number of hours to be eligible for employment benefits. |
| (36) | "Transfer" within an agency means the internal movement of an employee from one position to another position on the same or equivalent pay grade without a break in service. Pay grades are considered "equivalent" when there is less than 5% difference between their respective market average or midpoint salaries. "Transfer" between State agencies involves movement of an employee from a position in one State agency to a position in another State agency without a break in service. The two positions may be on either the same or different pay grades. |
| (37) | "Unclassified Employee" means an employee who was hired after June 30, 1996, or who has occupied an unclassified position at any time since July 1, 1996. Unclassified employees have employment-at-will status, with limited exception for employees with more than 18 years of service who established Employees' Retirement System (ERS) membership before April 1, 1972. |
| (38) | "Unclassified Position" means a position created on or after July 1, 1996, or occupied by an unclassified employee on or after this date. |
| (39) | "Working Test" or "Working Test Period" means a probationary period of employment in a classified position during which the employee must demonstrate to the satisfaction of the appointing authority the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. |
Rule 478-1-.03 Antidiscrimination
| (1) | Introduction:
The State is committed to providing equal employment opportunity for all individuals and ensuring that all individuals are treated in a fair and non-discriminatory manner throughout the employment process. This includes protection from discrimination, harassment, and retaliation in the workplace. The information provided in this Rule is intended to serve as a summary of agency and employee obligations with regard to preventing unlawful discrimination and harassment in the workplace. While there are multiple types of workplace harassment, incidents of sexual harassment present unique challenges which warrant special emphasis and implementation of a particularized approach to the prevention, detection, and elimination of sexual harassment from the state workplace. Therefore, in accordance with Executive Order 01.14.19.02, Executive Branch agencies shall receive, process, and investigate complaints and reports of sexual harassment and connected retaliation based on the procedures provided in the Statewide Sexual Harassment Prevention Policy. Please refer to the Statewide Policy for specific information regarding the reporting and handling of sexual harassment complaints and reports. |
| (2) | Applicability:
This Rule applies to Executive Branch employers, local departments of Public Health, and Community Service Boards. It does not apply to other public corporations, authorities, or the Board of Regents of the University System of Georgia. |
| (3) | Definitions:
For the purposes of this Rule, the following terms and definitions apply in addition to those in 478-1-.02, Terms and Definitions:
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| (4) | Discrimination Awareness and Prevention:
The State is committed to maintaining a discrimination-free workplace. Discrimination as defined in this Rule is strictly prohibited.
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| (5) | Harassment Awareness and
Prevention:
The State is also committed to maintaining a harassment-free workplace. Harassment as defined in this Rule is strictly prohibited. Such harassment violates an individual's fundamental rights and personal dignity and undermines the integrity of the workplace.
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| (6) | Retaliation Awareness and
Prevention:
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| (7) | Obligations to Report
Discrimination, Harassment, or Retaliation:
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| (8) | The
Agency's Response:
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Rule 478-1-.04 Reduction in Force
| (1) | Introduction: A reduction in force is the separation from a job, furlough, or salary reduction of one (1) or more employees as the result of a shortage of work or funds, a change in organization or operations, or to otherwise support the financial health and viability of an agency. This Rule defines the process for implementing reduction in force actions. |
| (2) | Applicability: This Rule applies to Executive Branch employers, local departments of Public Health, and Community Service Boards. It does not apply to other public corporations, Authorities, or the Board of Regents of the University System of Georgia. |
| (3) | Definitions: For the purposes of this Rule, the following terms and definitions apply in addition to those in Rule 478-1-.02, Terms and Definitions:
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| (4) | Types of Reduction in Force: A reduction in force may involve layoff, furlough, or reduction in salary.
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| (5) | Process Overview:
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| (6) | Employees on Contingent Leave or Working Test: In the event of a reduction in force that involves a layoff, the following provisions apply for employees in a competitive job within a competitive area who are either on contingent leave or working test.
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| (7) | Competitive Process for Classified Employees:
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| (8) | Competitive Process for Unclassified Employees: When a competitive process will include only unclassified employees, the agency has discretion to use the classified employee formula or implement another non-discriminatory process that effectively supports its business needs. For example, the agency may consider some combination of performance, tenure, competencies, discipline history, etc. |
| (9) | Reduction in Force Plan:
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| (10) | Legislative Notification: If a reduction in force would result in the elimination of 25 or more positions or the layoff of 25 or more employees (including classified and/or unclassified employees), the appointing authority shall, at least 15 calendar days prior to notifying employees of the proposed action, notify the President of the Georgia Senate and the Speaker of the Georgia House of the proposed reduction. The notice shall:
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| (11) | Employee Notice:
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| (12) | Advance Notice Exception Based on
Unavailability of Funds: The advance notice requirements in Sections (10) and (11) of this Rule shall not apply to a reduction in force which must become effective immediately if the agency has insufficient funds available to pay the salaries of the affected employees. Each employee affected by a reduction in force must still be notified in writing prior to the action. |
| (13) | Reinstatement for Classified
Employees: A classified employee who has been laid off as a result of reduction in force, and who meets all the qualifications (including any licensure and certification requirements and special qualifications), shall retain status in and right to reinstatement to a vacant classified position in the job in the competitive area from which the employee was laid off for a period of one (1) year from the date of separation and shall be offered reinstatement in inverse order to the order of layoff. A refusal by the employee of reinstatement upon reasonable notice by the appointing authority nullifies the right to reinstatement. |
Rule 478-1-.05 Policy Guidelines
| (1) | Introduction. All Rules adopted by the State Personnel Board must follow the guidelines outlined in this rule and must also comply with applicable federal, state, and local laws and regulations, including those that govern the use of federal funds received by an Agency. |
| (2) | Amending
Rules. Any employee may submit a petition to the Agency in writing,
requesting amendment(s) to these Rules. The State Personnel Board will consider
proposed amendment(s) on written record only and will adopt them only at public
hearings. The State Personnel Board has established the following procedures to
ensure that interested parties and/or their representative have an opportunity
to comment on the proposed amendment(s) and attend the related public hearing.
When deemed appropriate, the Agency should submit a proposed amendment to the
State Personnel Board.
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| (3) | Exceptions to General Procedure. With justifiable cause, the State Personnel Board may suspend the provisions of 478-1-.5(2) to adopt Rule amendment(s) immediately and without waiting for comment from legislative committees or the public provided the Board adopts a resolution declaring the existence of an emergency and provides the reason(s) the rule amendment(s) must be adopted on an emergency basis. Any amendment adopted in this manner may be in effect for no more than 120 days after its adoption. An identical proposed rule amendment may subsequently be adopted under the general procedure outlined above. |
| (4) | The Board authorizes the Commissioner to proceed directly into the public commentary period for administrative changes to these Rules without preapproval from the Board. For purposes of this provision, administrative changes is defined as grammar, spelling or typographical errors, format changes, and corrections to cross references. |
| (5) | Approval by the Governor and Filing with the Secretary of State. Modifications to the Rules adopted by the State Personnel Board are not effective until approved by the Governor. Upon such approval by the Governor, the Commissioner must immediately file an original and two (2) copies of the rule amendment(s) in the Office of the Secretary of State. The filing must include a citation to the authority that allowed the proposed amendment(s) and must specify the affected rule. |
| (6) | Pilot Programs.
The State Personnel Board may institute pilot programs to assess the
potential impact of proposed rule amendments on employees and administration.
Pilot programs may be administered on a trial basis for no more than two (2)
years, are not required to be in full compliance with other provisions of these
Rules, and may be made applicable only to specified agencies. Proposals for
pilot programs must be submitted to the State Personnel Board and must include:
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| (7) | Rule Violations. The State Personnel Board has established rules, policies and procedures to ensure that operations are conducted in a consistent, quality manner and that employees can serve the public effectively. Employees are expected to comply fully with these policies and procedures. When an employee violates a rule, policy or procedure, the employee's Agency, and the Department of Administrative Services, if appropriate, should consider the circumstances under which the violation occurred and take appropriate action. Appropriate action may result in discipline, up to and including termination of employment, and/or ineligibility for future employment with the Agency and/or State. Employees are responsible for reporting suspected violations of policies to the Commissioner. |
Rule 478-1-.06 Recruiting, Screening, and Hiring
| (1) | Introduction: This Rule provides a framework to support effective hiring and compliance with applicable employment laws and state wide policies. Each agency is responsible for developing and maintaining its own procedures for recruitment and selection that adhere to the general requirements of this Rule. |
| (2) | Applicability: The provisions of this Rule apply when filling any vacant position within an agency covered by the Rules of the State Personnel Board. |
| (3) | Definitions: For the purposes of this Rule, the following terms and definitions apply in addition to those in Rule 478-1-.02, Terms and Definitions:
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| (4) | Filling a
Vacancy:
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| (5) | Recruiting:
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| (6) | Screening:
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| (7) | Background Checks:
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| (8) | Social Media:
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| (9) | Selection:
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| (10) | Post-Offer Requirements:
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| (11) | Recordkeeping
Requirements:
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Rule 478-1-.07 Outside Employment
| (1) | Introduction. Employees may
seek employment and engage in a variety of activities outside of their work for
the State. However, such other employment activities may not conflict with an
employee's State employment. Employees who desire to engage in other employment
must notify their supervisor and abide by the policies of their agency.
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| (2) | Additional State Employment. State employees who desire to work
for more than one State agency must have prior written authorization from both
their current and prospective employers before commencing employment with a
second State employer. The primary and secondary agencies must ensure that the
request complies with State and Federal guidelines. Employment and payroll
records are to be maintained and accessed in accordance with the provisions of
SPB Rule 478-1-.09 Records.
Agencies are required to identify and address instances where employee are engaged in secondary employment. |
| (3) | Conflicting Employment Activities.
Employees must avoid employment, activities and/or relationships that
actually conflict or could conflict with the State's interests; create a
perception of impropriety; or, adversely affect the State's or the employing
agency's reputation.
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| (4) |
Prohibited Public Employment and Political Appointments. Employees are
prohibited from holding any full-time elective or appointive: public office of
a state or political subdivision of a state, civil office of the federal
government, office of a political party or political organization, or any other
office if the duties or responsibilities of such office conflict with the
employee's State employment.
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| (5) | Termination of Other Employment. If an agency determines that an employee's other employment interferes with the employee's performance or creates an actual or an apparent conflict of interest, the employee will be asked to terminate the other employment. |
| (6) | Consequences of Rule Violation. Failure to make required disclosures or take action to resolve express or direct conflicts of interest may result in disciplinary action, up to and including suspension without pay and/or termination of employment. |
Rule 478-1-.08 Political Activity
| (1) | Prohibited Political Activities.
Employees are prohibited from engaging in the following political
activities:
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| (2) | Offering for and Holding Public Office. An employee other than an agency head may offer for and hold any elective or appointive office of a political subdivision of the state, political party, or political organization; provided, the office is not full-time, does not conflict with the performance of the employee's official duties, and is not otherwise prohibited by law. |
| (3) | Remedial Provisions. Any
applicant or employee who seeks, uses or attempts to use any coercive political
pressure to secure an advantage in the employment process shall be disqualified
for appointment or subject to appropriate disciplinary action.
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Rule 478-1-.09 Records
| (1) | Introduction: The proper maintenance of employee records is an important component of agency administration. Well-maintained employment files assist agencies in making sound employment decisions and help to ensure that agencies comply with recordkeeping and reporting obligations in accordance with state and federal laws. This Rule provides guidance regarding the proper handling, confidentiality, and use of employment-related records. |
| (2) | Applicability: This Rule applies to all agencies of the executive branch, local departments of public health, and community service boards. It does not apply to other public corporations, authorities, or the Board of Regents of the University System of Georgia. |
| (3) | Definitions: For the purposes of this Rule, the following terms and definitions apply in addition to those in 478-1-.02, Terms and Definitions:
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| (4) | Employment Records:
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| (5) | Employee Transfers:
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| (6) | Accuracy of Information: Employees are required to provide their employing agency with accurate, up-to-date personal information, including but not limited to, name, home address, telephone numbers, tax withholding information, marital status, number of dependents, beneficiary designations, and emergency contacts. |
| (7) | Employee Access: Employees are entitled to review their employment records upon request. The review must take place in the presence of a member of the agency human resources office. An employee cannot remove any contents of the file, but photocopies must be provided within a reasonable time after the employee's review of the file and at the employee's expense, pursuant to the Georgia Open Records Act. |
| (8) | Employment Records and the Georgia
Open Records Act: Unless specifically exempted by federal law, state law, or by an order of court, all documents, papers, letters, maps, books, tapes, photographs, data, data fields, computer-based or computer-generated information, or similar materials prepared and maintained or received by an agency in the course of its operations are public records that may be inspected by any individual at a reasonable time and place. When documents are to be produced to individuals other than the employee, confidential information must be redacted from the file prior to release. |
Rule 478-1-.10 Classification Plan
| (1) | Preparation of the Plan. The Commissioner will develop a comprehensive classification plan based on position data analysis provided by the agencies. Agencies will be responsible for assigning positions into appropriate jobs within the classification plan. The Commissioner will periodically assess the classification of positions for consistency across the agencies. |
| (2) | Adoption of the Plan. The Commissioner is responsible for recommending a comprehensive classification plan to the Board. Employees and agencies may provide feedback about the classification plan during the written comment period described in the Amendments to Policies section of the Policy Guidelines. The Board may change the classification plan in any way it deems appropriate and formally adopt the plan at a public hearing. The Commissioner is responsible for submitting the plan approved by the Board to the Governor. |
| (3) | Amendments to the Plan. The
Commissioner may make changes to the classification plan, including the
establishment of new jobs and/or the revision, merger, division, and/or
abolition of jobs to accommodate existing and/or newly created positions.
Agencies will be given reasonable opportunity to express their opinions during
the written comment period, before such changes are made.
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| (4) | Reconsideration of Amendments to the Plan. Any agency affected by an amendment to the classification plan or other classification decision made by the Commissioner pursuant to the plan may submit a written request for reconsideration by the Commissioner. The Commissioner must review the request and issue a decision no later than 30 days following receipt of the request for reconsideration. An appeal to the State Personnel Board may be filed within 15 days of issuance if the agency does not agree with the Commissioner's decision. The State Personnel Board's decision will be final. |
| (5) | Job Descriptions. A job
consists of duties and responsibilities and therefore may be comprised of one
or more positions. In contrast, a position refers to a set of duties and
responsibilities assigned or delegated for performance by one person.
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| (6) | Entry Qualifications. The State Personnel Administration, in partnership with the agencies, is responsible for developing entry qualifications for each job in the classification plan. Entry qualifications should set forth the competencies, experience and education necessary to perform job responsibilities satisfactorily. |
| (7) | Preferred Qualifications. The preferred qualifications section (if applicable) should specify the types, amounts, and/or levels of work experience, training, education, certifications/licenses, and other competencies that would render an individual better suited to perform the job duties than another who does not possess the preferred qualifications. Applicants possessing preferred qualifications will generally be given first consideration in screening and hiring for positions in the job. |
| (8) | Allocation and
Reallocation of Positions. Positions that are substantially similar with
respect to the type and level of work to be performed, level of supervision
received, qualifications necessary for successful job performance, and external
market value (where relevant) -- and for which most of the responsibilities
assigned are essentially the same -- will be in the same job. Except as
provided for in Appendix Rule 24, an employee does not have the right to appeal
decisions relating to the allocation or reallocation of positions.
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| (9) | New, Changed, or Additional Positions. Whenever a new or additional position is authorized or created by an agency or the responsibilities of an existing position are substantially changed, the agency should allocate or reallocate the position as provided above. |
| (10) | Incumbents of Reallocated Positions. When a filled position is reallocated from one job to another due to a reevaluation of the position or a change in job responsibilities, the incumbent, if determined as eligible for promotion, transfer, or demotion to the new job, may remain in the position at the discretion of the agency. The employment status of the incumbent who does not remain in the position will be determined in accordance with other applicable provisions of these policies. |
Rule 478-1-.11 Compensation Plan
| (1) | Preparation of the Plan.
After consulting with agencies and the State's fiscal officers, the
Commissioner will prepare and recommend a statewide compensation plan to the
State Personnel Board. The plan should provide salary schedules and/or pay
addenda, including minimum, mid-point and maximum rates of pay by grade for the
jobs outlined in the classification plan. In establishing the salary schedules,
the Commissioner should consider:
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| (2) | Adoption of the Plan. Employees and agencies may provide feedback regarding the compensation plan during the written comment period described in the Amendments to Policies section of the Policy Guidelines. The State Personnel Administration may change the compensation plan in any way deemed appropriate and formally adopt the plan at a public hearing. The compensation plan will take effect as adopted upon approval of the Director of the Office of Planning and Budget. |
| (3) | Amendments to the Plan. After the State Personnel Board adopts the plan, the Commissioner may, after allowing the agencies an opportunity to be heard, amend the compensation plan as appropriate, including proscribing minimum rates to be paid for each job. Amendments will take effect upon approval by the Director of the Office of Planning and Budget. |
| (4) | Reconsideration of Amendments to the Plan. Any agency affected by an amendment to the compensation plan or other compensation decision made by the Commissioner pursuant to the plan may submit a written request for reconsideration by the Commissioner. The Commissioner must review the request and issue a decision no later than 30 days following receipt of the request for reconsideration. An appeal to the State Personnel Board may be filed within 15 days of issuance if the agency does not agree with the Commissioner's decision. The State Personnel Board's decision will be final. |
| (5) | Administration of the Plan. The compensation plan and any amendments to it made by the Commissioner will constitute the official compensation schedule for all positions. Other rules and policies supplementing these policies will provide for the administration of the plan. |
| (6) | Recommendation for Change in Plan. The Commissioner will submit to the Governor appropriate recommendations for changes in the compensation plan on an annual basis. These recommendations should include relevant information for adjustments to the entire plan and to specific jobs, including economic and labor market conditions or other pertinent data. |
Rule 478-1-.12 Salary
| (1) | Terms and
Definitions. For the purposes of this Rule, the following terms and
definitions apply in addition to those in
478-1-.02 (Terms and Definitions):
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| (2) | In Pay Status. An employee
is considered to be in pay status for regularly scheduled work hours except
when on leave without pay or when suspended without pay, and will be paid only
for hours actually on duty or for properly authorized paid leave or
compensatory time. Salary payments are either made on a monthly or semi-monthly
basis.
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| (3) | Reporting Hours in Pay Status.
The standard number of hours in the pay period will be reported. Hours
are calculated and reported in whole hours and quarter fractions of hours. Pay
for hourly employees should be reported in hours worked.
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| (4) | Calculating Salary Payments.
Any method of calculating salary payments that is not in accordance with
the provisions of this Rule must be submitted in advance to the Commissioner
for consideration and approval.
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| (5) | Salary Adjustments. An
agency may adjust the salary of an employee who meets or exceeds performance
expectations to a higher salary, when the adjustment is necessary to meet
agency objectives. However, a salary adjustment may not exceed the maximum of
the pay range applicable to the job to which the employee's position is
assigned, unless authorized by specific Rule.
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| (6) | Performance-Based Salary Increases.
Every employee is eligible for a salary increase based on performance
that meets or exceeds minimum criteria established by the employee's agency.
The Commissioner will determine, in accordance with the intent and
appropriations of the General Assembly, when increases will be available to
employees and how the increases will be applied to employees' base salary.
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| (7) | Salary Reductions. A salary reduction is a decrease in an employee's salary without a change in the employee's job or pay range. Salary reductions may be made for disciplinary purposes, for the purpose of conserving funds or may be agreed to by employees on a voluntary basis. If salaries are to be reduced on a voluntary basis, there must be a written agreement with each employee, which should be kept in the employee's personnel file. |
| (8) | Restoration of Salary Reductions. An employee whose salary has been reduced for disciplinary purposes or on a voluntary basis retains eligibility for the salary received prior to the reduction. The agency may restore the salary effective the first day of any pay period following the reduction. |
| (9) | Conditional
Pay Supplements. An agency may develop and implement plan(s) to provide
conditional pay supplements to employees who meet established criteria (e.g.,
attaining a certain certification, performing additional duties, etc.). Such
plans are subject to approval by the Commissioner and Director of the Office of
Planning and Budget.
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| (10) |
County Supplements. Counties may provide supplemental payments to their
employees.
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Rule 478-1-.13 Meritorious Award, Hiring Incentive, and Goal-based Incentive Programs
| (1) | Introduction. The State authorizes use of the incentive
compensation and awards, as outlined in this Rule, to support the recruitment
and retention of qualified talent. Each agency may adopt specific incentive
policies, procedures, or plans to implement incentive compensation and awards,
as long as they are consistent with this Rule. Incentive compensation and
awards are available through the following:
|
| (2) | Applicability. The policies and procedures within this Rule apply to all agencies of the Executive Branch, local departments of Public Health, Authorities, Community Service Boards, and other public corporations. This Rule does not apply to the Board of Regents of the University System of Georgia, Legislative Branch entities, or Judicial Branch entities. |
| (3) | Definitions. For the purposes of this Rule, the following terms
and definitions apply in addition to those in Rule
478-1-.02, Terms and
Definitions:
|
| (4) | Meritorious Award
Program.
|
| (5) | Employee Suggestion Program.
|
| (6) | Hiring Incentive Program.
|
| (7) | Goal-based Incentive
Program.
|
Rule 478-1-.14 Performance Management
| (1) | Introduction. The state has implemented a performance management program through which agencies set work expectations, conduct interim performance reviews, and annually evaluate and rate the work performed by employees. Performance management can serve as an effective retention tool, and the State's performance management program provides supervisors and employees with the opportunity to align work with agency goals and plans, discuss performance expectations, identify and correct areas for improvement, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals. Performance discussions should ideally occur throughout the year, but must occur in conjunction with each of the following: performance planning, mid-year or other interim review, and end-of-year performance evaluation. |
| (2) | Applicability. This Rule is applicable to all full-time and part-time regular employees in Executive Branch Agencies except the Board of Regents of the University System of Georgia. Agencies have the discretion to include their hourly and temporary employees in their performance management program. |
| (3) | Definitions. For the
purposes of this Rule, the following terms and definitions apply in addition to
those in Rule
478-1-.02 (Terms and Definitions):
|
| (4) | Performance Management
Process. The performance management process involves four components:
performance planning, performance coaching, performance evaluation, and
performance recognition.
|
| (5) | Review of Performance Plans or
Evaluations.
|
| (6) | Recordkeeping.
|
| (7) | Performance Management Program Evaluation. The DOAS Commissioner, or designee, shall conduct an annual review and evaluation of the statewide application of the performance management program. Such review and evaluation shall be undertaken with the goal of assuring, to the extent possible, consistency of employee evaluation throughout the State. |
| (8) | Coordination with Other Personnel
Policies.
|
Rule 478-1-.15 Changes to Employment Status
| (1) | Promotions. A promotion is the advancement of an employee to a job on a higher pay grade. An agency may fill a vacancy by promoting an employee determined to be qualified for the higher job. |
| (2) | Demotions.
A demotion is the movement of an employee to a job on a lower pay grade.
Demotions may be voluntary or involuntary. In all cases, the employee must be
qualified for the lower job at the time of demotion.
|
| (3) | Transfers.
|
| (4) | Relocations.
|
| (5) | Suspensions.
|
| (6) | Voluntary Separations.
|
| (7) | Involuntary Separations. An agency may terminate an unclassified employee as deemed necessary to meet the needs of the agency and in keeping with State and Federal laws and guidelines. Provisions for involuntarily separating a classified employee are defined in Rule 478-1-.26 (Adverse Actions for Classified Employees) and Rule 478-1-.25 (Reduction-in-Force for Classified Employees). |
| (8) | Position Level Reduction. When an agency determines that the
responsibilities of a position have been reduced to the extent that the
position would be more appropriately assigned to a job on a lower pay grade,
the agency shall reallocate the position to the appropriate job. Such position
level reduction is a classification action and, if the position is filled,
should not be considered a reflection of the incumbent employee's quality of
work.
|
| (9) | Staff Reduction.
At times, a staff reduction is necessary due to lack of work, lack of
funds, economic slowdowns, technological or structural changes in the agency's
operations, or because a staff reduction is determined to be necessary to
ensure the financial health and viability of the agency.
|
| (10) | Effects of Job Changes on
Classified Status.
|
Rule 478-1-.16 Absence from Work
| (1) | Introduction. The State
recognizes value in providing a reasonable amount of time off to assist
employees with balancing work and personal needs. To be a responsible steward
of public funds, however, the State must account for any pay provided to
employees for time not worked. Paid time off must be charged to appropriate
paid leave, accumulated compensatory time, paid holiday time, or suspension
with pay.
This Rule defines the available types of paid and unpaid leave and the eligibility for each. It further provides a framework for leave, compensatory time, and holiday administration. Information about paid suspension is available in Rule 478-1-.15, Changes to Employment Status, and more detailed information about compensatory time can be found in statewide policy #7 - Rules, Regulations, and Procedures Governing Working Hours, the Payment of Overtime, and the Granting of Compensatory Time, jointly issued by the Governor's Office of Planning and Budget and the Department of Administrative Services. |
| (2) | Applicability.
|
| (3) | Definitions. For the purposes of this Rule, the following terms
and definitions apply in addition to those in Rule
478-1-.02, Terms and
Definitions.
|
| (4) | General Leave Administration
Provisions.
|
| (5) | Types of Paid Leave.
|
| (6) | Annual Leave.
|
| (7) | Sick Leave.
|
| (8) | Personal Leave. Each year,
an employee who has an accrued sick leave balance of more than 120 hours as of
November 30 may convert up to 24 hours of the excess sick leave to personal
leave.
|
| (9) | Election to Use Accrued Leave or Personal Leave for Workers' Compensation
Absence.
|
| (10) | Transfer of Accrued
Leave and Personal Leave. The following provisions define the transfer
of accrued leave and personal leave when employees transfer to a different
State government agency or entity without a break in service from a position
entitled to accrue leave into another position entitled to accrue leave. Note
that accumulated compensatory time does not transfer between State entities.
Upon transfer, the losing organization must payout unused FLSA compensatory
time, and unused State compensatory time balances are divested and not paid.
(See Sections (23) FLSA Compensatory Time and (24) State Compensatory Time of
this Rule.)
|
| (11) | Credit for Leave on Return from
Layoff. The provisions in this section apply to employees rehired into
State service in a position entitled to accrue leave in accordance with this
Rule within one (1) year of being laid off as a result of agency downsizing or
reorganization.
|
| (12) | Absence Due to Emergency Office Closures. When the Governor, or an
agency upon delegated authority by the Governor, closes an office or facility
because of weather conditions or other emergency circumstances, affected
employees are excused from duty without loss of pay as provided in this Rule
section. Employees who are not directly affected by an emergency office closure
will not be excused from work.
|
| (13) | Blood Donation
Leave.
|
| (14) | Bone Marrow Donation Leave.
|
| (15) | Organ Donation Leave.
|
| (16) | Court Leave.
|
| (17) | Voting Leave. The State encourages employees to exercise their
right to vote in all federal, state, and local elections. Non-temporary
salaried employees may be granted paid time off to vote, up to a maximum of two
(2) hours per Election Day, as provided in this section. Paid voting leave is
not charged to an employee's accrued leave.
|
| (18) | Education Support Leave. To
supplement work-life balance options for State employees, the State provides up
to eight (8) paid hours of leave per calendar year to eligible employees for
the purpose of promoting education in Georgia. Such leave is in addition to,
and not charged against, an employee's accrued leave.
|
| (19) | Disaster Volunteer Leave. The State recognizes that cooperation
among government agencies and volunteer service agencies is vital in coping
with natural disasters and other emergencies. To help prevent the loss and
destruction of life and property, the State believes that employees who are
trained and experienced in disaster relief should be able to provide assistance
for brief periods without loss of pay and benefits.
|
| (20) | Line-of-Duty Injury
Leave (Special Injury Leave). A non-temporary salaried employee
scheduled to work 30 or more hours per week who becomes physically disabled as
a result of an injury incurred in the line-of-duty and caused by a willful act
of violence committed by a non-agency employee is entitled to a leave of
absence for the period the employee is physically unable to perform her/his
duties. Such a leave of absence will be provided in lieu of using accrued
leave, and the employee will continue to receive regular compensation, subject
to the limitations below.
|
| (21) | Leave for Contracting TB or
Hepatitis on the Job.
|
| (22) | Leave Without Pay.
|
| (23) | FLSA Compensatory Time.
Overtime for non-exempt employees will be governed by the provisions of the
Fair Labor Standards Act (FLSA). Overtime worked by non-exempt employees will
normally be credited as FLSA compensatory time at a rate of one and one-half
hours of compensatory time for each hour of overtime worked. (See statewide
policy #7 - Rules, Regulations and Procedures Governing Working Hours,
the Payment of Overtime and the Granting of Compensatory Time.)
|
| (24) | State Compensatory Time. State compensatory time is hour-for-hour
paid time off for employees who work longer than the normally assigned hours in
a work period but do not qualify for FLSA compensatory time. Each agency by
written policy defines which of its employees, if any, are eligible for state
compensatory time as provided in statewide policy #7 - Rules,
Regulations and Procedures Governing Working Hours, the Payment of Overtime and
the Granting of Compensatory Time.
|
| (25) | Holidays.
|
Rule 478-1-.17 Leave Donation
| (1) | Introduction: Agencies may establish a leave donation program to enable eligible employees to voluntarily donate accrued leave to other eligible employees of the same agency who have exhausted all paid leave. This Rule provides parameters for an agency's policy on leave donation. |
| (2) | Applicability: This Rule applies to executive branch employers, local departments of public health, and community service boards. It does not apply to other public corporations, authorities, or the Board of Regents of the University System of Georgia. |
| (3) | Definitions: For the purposes of this Rule, the following terms and definition apply in addition to those in Rule 478-1-.02, Terms and Definitions:
|
| (4) | General
Provisions: An agency's leave donation policy should outline eligibility criteria for donors and recipients, specify limitations on use of donated leave, designate staff to administer leave donations, specify how donations will be credited to the recipient, and be published to employees. The policy may also prescribe a minimum donation amount. The policy must be applied consistently and in a non-discriminatory manner to all employees of the agency. |
| (5) | Donation of
Leave:
|
| (6) | Receipt of Donated Leave:
|
| (7) | Use of
Donated Leave:
|
| (8) | Prohibitions and Penalties:
|
Rule 478-1-.18 Veterans' Preference
| (1) | Introduction. The State
affords some degree of preference to veterans in certain employment decisions.
Recognizing their sacrifice, the State seeks to prevent veterans pursuing State
employment from being disadvantaged by time spent in military service.
Veterans' preference recognizes the economic loss suffered by citizens who have
served their country in uniform, restores veterans to a favorable competitive
position for State employment, and acknowledges the larger obligation owed to
disabled veterans.
|
| (2) | Veterans'
Preference in Entrance Exams.
|
| (3) | Veterans' Preference in
Hiring. If the hiring agency does not use numerically scored written
examination to fill positions, the hiring agency must give appropriate
consideration to persons eligible for veterans' preferences as defined in this
Rule.
|
| (4) | Exceptions to Veterans' Preference in Exams and Hiring. Preference
does not apply in cases of promotion, demotion, or transfer to a different job.
|
| (5) | Veterans' Preference in Reduction of Personnel. When reductions are being made in personnel, a veteran of any period of armed conflict entitled to military preference in appointment with an average summary performance evaluation rating of successful performer will not be discharged or dropped or reduced in rank or salary before a nonveteran in competition with the veteran. |
Rule 478-1-.19 Military Leave
| (1) | General Leave Provisions.
For the purposes of this Rule, the following terms and definitions apply in
addition to those in
478-1-.02 (Terms and Definitions):
|
| (2) | Absence for Examination Purposes. An employee who is absent from work because he/she is ordered to report for a pre-induction or other examination to determine physical or other fitness for service in the Armed Forces of the United States will be granted a leave of absence without pay as required by law. In order to receive pay, an employee may request that the absence be charged against accrued annual leave or personal leave. |
| (3) | Timely Notice of Leave. An employee should verbally notify his/her supervisor immediately when notified of a requirement to report for military duty. The employee also is expected to provide his/her supervisor with as much notice as possible of his/her anticipated date of release from duty and return to work. This notice requirement will be excused only if precluded by military necessity or if giving the notice is otherwise impossible or unreasonable. |
| (4) | Pay and Benefits. An
employee who performs ordered military duty is entitled to his/her base pay and
other compensation for up to a total of 144 hours of military leave in any one
federal fiscal year while he/she is on military leave.
|
| (5) | Health Care Continuation Coverage. While on paid or unpaid military leave, an employee may continue to receive the same health care benefits as when he/she was an active employee for up to 24 months. If the military leave is unpaid, the employee will be responsible for directly paying the premium plus an administrative fee assessed by the State Health Benefit Plan. |
| (6) | Rights and Contributions under Retirement System.An employee on military leave, whether pa id or unpaid, may continue to contribute to the State's pens ion or retirement system as if they had been present and continuously engaged in the performance of their duties. The amount of required contributions will be deducted from the salary or other compensation paid while an employee is on military leave. If the required contributions exceed the amount of such compensation, the available amount will be applied towards the required contributions and the employee can pay the difference. |
| (7) | Reemployment Rights. An
agency will reemploy an employee after a period of military service, provided
the employee complies with applicable federal law, including the advance notice
requirement and a timely notification of intent to return to employment, and
other qualifying conditions.
|
| (8) | Protection from Discharge. An employee returning from military leave and who served for more than 30 days but less than 181 days may not be discharged except for cause for 180 days after his/her reemployment. An employee returning from military leave and who served more than 180 days may not be discharged except for cause for a period of one year after his/her reemployment. |
| (9) | Workforce Replacement. Supervisors who must hire replacement workers for employees who are on military leave should inform the replacements that they are filling in for employees who are on military leave and may be reassigned or terminated when the employees returns. |
Rule 478-1-.20 Employee Complaint Resolution Procedure
| (1) | Introduction:
The State is committed to creating and maintaining a positive work environment in which employees are treated with professionalism, civility and respect. When workplace issues arise due to problems, misunderstandings, or frustrations, it is the State's intent to be responsive to employees and their concerns. While many situations pose potential workplace issues, incidents of sexual harassment present unique challenges which warrant special emphasis and implementation of a particularized approach to the prevention, detection, and elimination of sexual harassment from the state workplace. Therefore, in accordance with Executive Order 01.14.19.02, Executive Branch agencies shall receive, process, and investigate complaints and reports of sexual harassment and connected retaliation based on the procedures provided in the Statewide Sexual Harassment Policy. Please refer to the Statewide Policy for specific information regarding the reporting and handling of sexual harassment complaints and reports. To encourage effective operations and a productive workforce, each agency will implement a complaint resolution program to address employee concerns that are unrelated to sexual harassment.
|
| (2) | Applicability:
This Rule applies to Executive Branch employers, local departments of public health, and community service boards. It does not apply to other public corporations, authorities, or the Board of Regents of the University System of Georgia. |
| (3) | Definitions:
For the purposes of this Rule, the following terms and definitions apply in addition to those in Rule 478-1-.02 (Terms and Definitions):
|
| (4) | Notice Requirement:
Each state agency is responsible for facilitating employee awareness of the Employee Complaint Resolution Procedure. Information about the procedure including deadlines for filing a formal complaint and who to contact for assistance must be provided in one or more formats through which employee information is typically communicated. |
| (5) | Eligible Employees:
|
| (6) | Eligible Issues:
An employee may use the Employee Complaint Resolution Procedure to address a complaint related to any
|
| (7) | Ineligible
Issues:
An employee cannot use the Employee Complaint Resolution Procedure to address a complaint of or related to
|
| (8) | Filing a Complaint:
|
| (9) | Processing a Complaint:
|
| (10) | Extension of Time
Limits:
Upon the agreement of all parties to a complaint, any time limit specified in this Rule may be extended. The Agency Complaint Resolution Coordinator or Agency Complaint Review Official may unilaterally extend any time limit specified in this Rule due to emergency, medical disability, legally mandated absence on the part of a relevant party involved with the complaint issues or review process, or due to operational necessity. The employee shall be immediately notified of the period of extension and the reasons therefor. |
| (11) | Preparation Time:
|
| (12) | Group Complaints:
Employees having a common complaint may sign and submit one group complaint, identifying up to two of the employees as selected spokespersons for the group. Employees who choose to file a group complaint waive their individual rights to file separate complaints on the same subject. |
| (13) | Consolidating Complaints:
|
| (14) | Assistance:
An employee who needs assistance in filing or processing a complaint may contact the Agency Complaint Resolution Coordinator or other agency-designated official. In no case shall the staff assigned to assist an employee be a party or respondent to the employee's complaint. Any complaint that the agency determines to fall within the definition of "sexual harassment" outlined in Section (3) of this Rule must be processed in accordance with the Statewide Sexual Harassment Prevention Policy. |
| (15) | Withdrawal of Complaint:
An employee may voluntarily withdraw his/her complaint at any point during the process by submitting a request in writing to the Agency Complaint Resolution Coordinator. A complaint that is withdrawn may not be re-filed. |
| (16) | Appeal
Rights for Classified Employees:
|
| (17) | Recordkeeping and Reporting
Requirements:
|
Rule 478-1-.21 Drug and Alcohol Free Workplace Program
| (1) | Introduction:
The General Assembly found that unlawful drug activity is a serious threat to the public health, safety, and welfare and declared that the public workforce must be free of any person who would knowingly engage in such activity. The State is committed to maintaining a drug-free and alcohol-free workplace. In support of this commitment, the State conducts substance abuse testing as described in this Rule. Employees who violate workplace expectations are subject to disciplinary action, up to and including dismissal and disqualification from employment, as outlined in this Rule and in Sub-Rules 478-1-.21 A through 478-1-.21 G. |
| (2) | Applicability:
The policies and procedures within this Rule apply to all agencies of the Executive Branch, local departments of Public Health, Authorities, and Community Service Boards. This Rule does not apply to the Board of Regents of the University System of Georgia, Legislative Branch, or Judicial Branch. |
| (3) | Definitions:
For the purposes of this Rule, the following terms and definitions apply in addition to those in 478-1-.02, Terms and Definitions:
|
| (4) | Drug-free and Alcohol-free Standards:
|
| (5) | Types of Testing:
The State conducts drug and alcohol testing based on the type of work assigned to a position and safety interests. Applicants and/or employees are subject to the types of drug and alcohol tests indicated below:
|
| (6) | Administration of Program:
|
| (7) | Substance Abuse Testing
Refusal:
|
| (8) | Observed Collection:
|
| (9) | On-Site Drug Testing:
|
| (10) | Medical
Review Officer (MRO) Review Procedure:
|
| (11) | Substance
Abuse Testing Results:
|
| (12) | Dismissal of Classified
Employees:
|
| (13) | Appeals:
|
Rule 478-1-.21A Self-Disclosure of Substance Abuse
| (1) | Self-Disclosure of Problem Use of Alcohol or Illegal Drugs:
An employee who notifies the appointing authority of an alcohol or illegal drug problem shall not be dismissed from employment because of the self-disclosure provided:
|
| (2) | Return-to-Duty Agreement and Follow-Up Testing:
|
| (3) | Dismissal:
The employee's failure to complete any requirement within the treatment and education program, failure to comply with the return-to-duty agreement, positive test or test refusal, will result in immediate dismissal and any applicable employment disqualification for a testing violation. |
| (4) | Entitlement:
This entitlement shall be available no more than once in a five (5)-year period. |
Rule 478-1-.21B Pre-Employment Drug Testing for High-Risk Positions
| (1) | Applicability:
|
| (2) | Determination of Positions Subject to Pre-Employment Drug Testing:
|
| (3) | When to Test:
Pre-employment drug testing is conducted after an offer of employment. Whenever possible, it should be completed and a negative result received before employment in the high-risk position begins. In no case can the test be conducted more than ten (10) business days after employment in the position begins. |
| (4) | Directive to Report:
The appointing authority is to provide a written directive specifying when and where to report for testing. Whenever possible, the directive should not be given in advance of the time the applicant/employee is to proceed for testing. If it is not possible to direct the applicant/employee to report immediately for testing, the appointing authority may specify a date and time by which to report. Such date cannot be later than the business day after the applicant/employee receives the directive. |
| (5) | Rejected or Unsuitable
Sample:
When a pre-employment drug testing sample is rejected or determined to be unsuitable for testing by the testing laboratory, the donor will be directed to appear for retesting. The pre-employment testing program requires such retesting because a negative result is required for the applicant/employee to be eligible for employment in the position. |
| (6) | Consequences of Positive
Test Result or Refusal:
Any applicant or employee whose pre-employment drug test result is reported by the Medical Review Officer (MRO) as positive, adulterated, or substituted, or who otherwise refuses a pre-employment test, will be disqualified from State employment for a period of two (2) years from the date of testing or refusal to test.
|
Rule 478-1-.21C Random Substance Abuse Testing for High-Risk Positions
| (1) | Applicability: Positions that regularly require high-risk work are subject to random drug testing and may be subject to random alcohol testing. Employees whose position is randomly selected for substance abuse testing must neither refuse testing nor receive a positive result as a condition of employment.
|
| (2) | Determination of High-Risk
Positions Subject to Random Substance Abuse Testing:
|
| (3) | Selection
Procedures:
|
| (4) | Who to Test:
|
| (5) | When to Test:
|
| (6) | Directive to Report: The appointing authority is to provide each employee whose position was selected for random substance abuse testing a written directive to report. The directive must specify when and where the employee is to report for testing. Whenever possible, the directive should not be given to the employee in advance of the time to proceed for testing. If it is not possible to direct an employee to report immediately for testing, the appointing authority may specify a date and time by which to report. For random drug testing, such date cannot be later than the business day after the employee receives the directive to report. For random alcohol testing, the time to report can be no more than two (2) hours after the employee receives the directive to report. |
| (7) | Rejected or Unsuitable
Sample: When a random drug testing sample is rejected or determined to be unsuitable for testing by the testing laboratory, the appointing authority has the discretion to direct the employee to appear for retesting. |
| (8) | Consequences of Positive
Drug Testing Result or Refusal:
|
| (9) | Consequences for
Positive Alcohol Result or Refusal:
|
Rule 478-1-.21D Substance Abuse Testing for Federally Regulated Transportation Positions
| (1) | Applicability:
|
| (2) | Determination of Federally
Regulated Positions Subject to Substance Abuse Testing:
|
| (3) | Types
of Testing:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| (4) | Directive to Report:
|
| (5) | Rejected or Unsuitable
Sample:
|
| (6) | Consequences of Positive Drug
Testing Result or Refusal:
|
| (7) | Consequences for Positive Alcohol
Result or Refusal:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||
Rule 478-1-.21E Reasonable Suspicion Substance Abuse Testing of Non-Federally Regulated Employees
| (1) | Applicability: All employees are subject to reasonable suspicion drug and/or alcohol testing when a designated agency/entity official determines there is a compelling reason to suspect an employee is not free from alcohol or illegal drugs. |
| (2) | Indicators
Supporting Reasonable Suspicion: Reasonable suspicion may be generated by physical, behavioral, or performance indicators or by other evidence found or reported. Indicators supporting reasonable suspicion include, but are not limited to:
|
| (3) | Directive to
Report: The appointing authority is to provide the employee a written directive specifying where to report immediately for substance abuse testing. The employee should be accompanied and not permitted to transport her/himself. |
| (4) | Rejected or Unsuitable Sample: When a reasonable suspicion drug testing sample is rejected or determined to be unsuitable for testing by the testing laboratory, the appointing authority has the discretion to direct the employee to appear for retesting. |
| (5) | Consequences of Positive Drug Testing Result or Refusal:
|
| (6) | Consequences for Positive Alcohol
Result or Refusal:
|
Rule 478-1-.21F Return-to-Duty Drug and Alcohol Testing of Non-Federally Regulated Employees
| (1) | Applicability:
|
| (2) | Directive to Report: The appointing authority is to provide the employee a written directive specifying where to report immediately for substance abuse testing. |
| (3) | Rejected
or Unsuitable Sample: When a return-to-duty drug testing sample is rejected or determined to be unsuitable for testing by the testing laboratory, the appointing authority will direct the employee to appear for retesting because a negative result is needed before the employee can return to work. |
| (4) | Consequences of Positive
Drug Testing Result or Refusal:
|
| (5) | Consequences for Positive Alcohol Result or Refusal:
|
Rule 478-1-.21G Follow-up Substance Abuse Testing of Non-Federally Regulated Employees
| (1) | Applicability:
|
| (2) | Directive to Report: The appointing authority is to provide the employee a written directive specifying where to report immediately for substance abuse testing. |
| (3) | Rejected
or Unsuitable Sample: When a follow-up drug testing sample is rejected or determined to be unsuitable for testing by the testing laboratory, the appointing authority will direct the employee to appear for retesting because a negative result is needed as a condition of employment. |
| (4) | Consequences of Positive Drug
Testing Result or Refusal:
|
| (5) | Consequences for Positive Alcohol Result or Refusal:
|
Rule 478-1-.21H Consequences of Illegal Drug Convictions
| (1) |
Consequences of Illegal Drug Convictions:
|
| (2) | Federal Contractors and Grantees:
|
Rule 478-1-.22 Employee Suggestion Program
| (1) | Introduction. Employees are
encouraged to submit suggestions for improving operations and efficiency
through the Employee Suggestion Program (ESP) to assist the State fulfilling
its commitment to serving the public effectively. Eligible employees whose
suggestions are adopted may receive awards under the provisions of this Rule.
|
| (2) | Eligible Employees.
All employees may participate in the ESP, with the following exceptions:
Members of the General Assembly; Agency Heads; Members of boards and
commissions appointed by the Governor or the General Assembly; Members,
justices, judges, officials, and officers of the judicial branch; Officers and
officials elected by popular vote; Persons appointed to fill vacancies in
elective offices; Employees of the Board of Regents; and Employees of units of
the University System of Georgia.
|
| (3) | How to Submit a Suggestion.
Suggestions may be submitted online through the Department of
Administrative Services website. Alternatively, suggestions may be submitted to
the Suggestion Program Coordinator by mail, e-mail, or in person. Verbal
suggestions are not considered.
|
| (4) | Review Process.
Each agency should appoint three (3) employees to serve as members of
the Agency Suggestion Committee (the "Committee"), one of whom will be
designated as the Agency Coordinator (chair).
|
| (5) | Notification of Decision. The Suggestion Program Coordinator is responsible for notifying the employee in writing of the decision, including any award to be received. |
| (6) | Awards for
Adopted Suggestions. The following factors will be considered by the
State Personnel Board in making the final determination regarding an award:
|
| (7) | Cash Awards.
|
| (8) | Certificates of Commendation. When the submitted suggestion results only in minimal savings or minor improvement, the employee may receive a certificate of commendation in lieu of a cash award. An employee receiving a cash award may also receive a certificate of commendation. |
| (9) | Rights
of the Parties.
|
Rule 478-1-.23 Family and Medical Leave
| (1) | Introduction. Family and
Medical Leave is a benefit and entitlement intended to assist eligible
employees with balancing work/life demands by providing job-protected time off
from work for qualifying reasons. State agencies shall administer Family and
Medical Leave in accordance with the federal Family and Medical Leave Act
(FMLA) and related regulations. Any updates to applicable federal law or
regulation take precedence over provisions within this Rule that are found to
be in conflict.
|
| (2) | Applicability. The policies and procedures within this Rule apply to all agencies of the executive branch, excluding authorities, public corporations, and the Board of Regents of the University System of Georgia. |
| (3) | Definitions. For the purposes of this Rule, the following terms
and definitions apply in addition to those in Rule
478-1-.02 (Terms and Definitions).
|
| (4) | Employee Eligibility.
|
| (5) | FMLA Qualifying Reasons
& Leave Entitlement.
|
| (6) | Intermittent/Reduced Schedule
Leave.
|
| (7) | Notice and Certification
Requirements.
|
| (8) | Charging FMLA.
|
| (9) | Use of Paid Leave during FMLA Leave.
|
| (10) | Return
to Work/Fitness-for-Duty.
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| (11) | Record Maintenance.
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Rule 478-1-.24 Working Test and Permanent Status for Classified Employees
| (1) | General Provisions.
|
| (2) | Applicability.
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| (3) | Extending Working Test. The working test period shall be extended day for day by any time spent on leave with pay under the State Personnel Board Rule provisions for Special Injury Leave (Rules 478-1-.16(8)(c) and 478-1-.16(8)(d)) or in non-pay status. Exception: Time spent in non-pay status for ordered uniformed service (as defined in the Uniformed Services Employment and Reemployment Rights Act) shall not extend the working test period. |
| (4) | Midpoint Review.
|
| (5) | Granting Permanent Status. It shall be the responsibility of the Appointing Authority to determine whether a working test employee is to be granted permanent status. Permanent status is effective on the calendar date following completion of the working test period. An employee who is not transferred, demoted, or separated prior to eligibility for permanent status shall acquire permanent status. Exception: Permanent status shall not be granted to a classified employee prior to the acquisition and submission to the Appointing Authority of any required license or certificate. |
| (6) | Failure to
Attain Permanent Status.
|
Rule 478-1-.25 Repealed
Rule 478-1-.26 Adverse Actions for Classified Employees
| (1) | Introduction. Adverse action
is defined as a disciplinary action taken by an Appointing Authority which
results in the suspension without pay, demotion, reduction in salary, or
dismissal of a classified employee. It does not include action resulting from
Reduction in Force, insufficient funds, decrease in funds, or change in
departmental needs. Except as set forth in provision (11) of this Rule, an
employee against whom an adverse action is proposed shall be provided;
|
| (2) | Applicability. This Rule applies only to employees in the classified service as defined in Rule 478-1.02 (Terms and Definitions). |
| (3) | Reasons for Adverse Actions. An Appointing Authority may take
adverse action against an employee because of:
|
| (4) | Types of Adverse Action.
|
| (5) | Notice
of Proposed Adverse Action. The Appointing Authority must give a
classified employee written notice of any proposed adverse action at least
fifteen (15) calendar days prior to the effective date of the adverse action
except for an emergency situation as set forth in provision (11) of this Rule.
The notice of proposed adverse action must include the following:
|
| (6) | Employee Response Procedure.
The employee response procedure is created to protect the employee from
erroneous or arbitrary adverse action. It is also created to afford the agency
an opportunity to re-evaluate its position on proposed adverse actions or
forfeiture of position and to affirm or correct if necessary. The procedure
does not require a full evidentiary hearing prior to the action. It requires
only that the employee be given an opportunity to respond to the charges before
a responsible official of the department. The procedure must meet the following
minimum requirements:
|
| (7) | Determination of Final Action. The official to whom the response
is made shall issue a notice of determination of final action not later than
three (3) calendar days after the date of response except as set forth in
provision (8) of this Rule. The notice shall include:
|
| (8) | Extension for Response Official. If the official to whom the response is made determines that more than three (3) calendar days are needed to consider the employee's response to the proposed action, said official may extend the period of consideration for a reasonable number of days by notifying the employee as to the length of the extension. The extension notice shall also state that the effective date of the proposed action shall be delayed by at least the same number of days as the length of the period of extension for consideration. |
| (9) | Change in the Charges or the Adverse Action. If the official to whom the response is made determines that charges in addition to, or substantially different from, those enumerated in the Notice of Proposed Adverse Action should be made, or that the adverse action should be more severe than the action specified in the Notice of Proposed Adverse Action, said official shall revoke the proposed adverse action by written notification to the employee. The Appointing Authority may then propose a new action against the employee in accordance with provision (5) of this Rule. |
| (10) | Employment Status During Notice Period.
|
| (11) | Emergency Situations Resulting in
Immediate Adverse Action.
|
Rule 478-1-.27 Appeals and Hearings for Classified Employees
| (1) | Introduction. Classified employees may appeal certain employment actions and conditions to the State Personnel Board as outlined in this Rule. In addition to establishing the provisions for appeal, this Rule also sets uniform procedures for hearings conducted by the State Personnel Board (Board) or an Administrative Law Judge of the Office of State Administrative Hearings. |
| (2) | Applicability. This Rule applies only to employees in the classified service as defined in Rule 478-1-.02 (Terms and Definitions). |
| (3) | Filing an
Appeal.
|
| (4) | General Provisions.
|
| (5) | Appeals Alleging Unlawful
Discrimination.
|
| (6) | Appeals Alleging Fraud, Waste, or Abuse. Notwithstanding any other provision of these Rules to the contrary, no employee may file or continue an appeal if the employee is alleging reprisal for having made a complaint or disclosing information relating to fraud, waste, or abuse in state programs or operations, and the employee has instituted, or institutes, proceedings in superior court. The employee shall be notified by the Executive Secretary that any such appeal shall be stayed until the resolution of the court proceedings. The employee has ten (10) calendar days from the resolution of the court proceedings to request the stay be lifted and proceed with the appeal. A final resolution of the court proceedings shall not preclude the Board from acting on any issues that have not been resolved by the court proceedings nor preclude the Board from applying the rules and the law to the facts as determined in the court proceedings. |
| (7) | Protection from Reprisal. No action against any employee shall be taken or threatened by an Appointing Authority as a reprisal for filing an appeal or disclosing information during the course of an appeal, unless the appeal was filed or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. |
| (8) | Reasons for which Appeals may be
Filed.
|
| (9) | Notice of the Hearing.
|
| (10) | Representation. Both parties have the opportunity to represent themselves or to be represented by legal counsel. All arrangements for providing legal counsel shall be the responsibility of the party desiring such representation. |
| (11) | Pre-Hearing Conference. The Administrative Law Judge or the Board may arrange a pre-hearing conference for the purpose of reviewing the matter being appealed and establishing stipulations to expedite the hearing. |
| (12) | Witnesses. Either party may request the attendance of employees or other persons as witnesses when their testimony will aid in establishing the facts in the case. Employees appearing as witnesses shall be released from duty without loss of pay or time and without effect on their service rating. No person shall directly or indirectly use, or threaten to use, any official authority or other influence which would tend to discourage any other person from testifying. |
| (13) | Issuance of Subpoenas.
|
| (14) | Record of a Hearing Before an
Administrative Law Judge.
|
| (15) | Record of Oral Argument Before the Board. The Board may, but is not required to, make a recording of any oral argument before the Board on an appeal from an initial decision. |
| (16) | DOAS Commissioner's Opportunity to be Heard. At the DOAS Commissioner's discretion or at the invitation of the Administrative Law Judge or the Board, the DOAS Commissioner shall be entitled to be heard and to submit evidence in any appeal in which the interpretation of a State Personnel Board Rule, regulation, policy, or practice is at issue. |
| (17) | Hearing
Process.
|