in-20240918-IR-031240179FRA: DIGEST EXECUTIVE DEPARTMENT CIVIL SERVICE EMPLOYMENT

Final Rule LSA Document #24-179 DIGEST Sec. 1. (a) An employment application for employment shall: (b) An applicant may be required to furnish verification of verify qualifying experience. (c) Any individual claiming credit for training beyond the level of high school graduation is required to submit an official transcript or other official document certifying to the validity of the training. Sec. 4. (a) In order To prevent stoppage of public business or loss or serious inconvenience to the public during an emergency, an appointing authority may make an emergency appointment of any qualified person, but notice of the appointment shall immediately be given of the appointment to the director. Any such The qualified person shall be employed only during the emergency and for a period not exceeding ten (10) days. A vacancy of which the appointing authority has had reasonable notice or an employment condition of which he or she the appointing authority had, or might may with due diligence have had, previous knowledge, shall is not be considered an emergency under which such an emergency appointment may be made. No emergency appointment shall be renewed without express permission from the director. (b) Whenever there is urgent need of an employee is urgently needed for a temporary period, the director may authorize a temporary appointment for a period not to exceed ninety (90) working days. Successive temporary appointments of the same person shall not be made. However, an employee may be reappointed at a later date if his or her the employee's total employment in a temporary position does not exceed ninety (90) working days in a twelve (12) month period. The period of temporary employment shall is not be counted as part of the working test period. (c) Whenever there is need for an employee is needed on an irregular or as needed basis, a position may be filled by an intermittent appointment. This type of appointment is limited to one hundred eighty (180) working days in a twelve (12) month period unless an exception is: Sec. 5. (a) An appointing authority may at any time assign an employee from one (1) position to another position in the same class under the appointing authority's jurisdiction. (b) An appointing authority, with the director's approval, of the director, may at any time transfer an employee to another class with essentially the same basic qualifications and the same salary range. (c) With the director's approval, of the director, an employee may transfer from the jurisdiction of one (1) appointing authority to another appointing authority. A promotion or demotion may be simultaneous with such a transfer. The new appointing authority shall assume assumes all vacation, sick, and personal leave accrued by the transferred employee. (d) Any An employee transferring to a position in the state classified service must be fully qualified for the class to which the employee is transferred. (e) Whenever an employee transfers from one (1) position to another position in the same classification or with the same pay range maximum, the beginning rate of pay rate in the new position shall not be more than the rate of pay rate the employee was receiving in the position from which he or she the employee is being transferred, unless otherwise approved by the director. Sec. 8. (a) The appointing authority may underfill a position. The An underfilling employee must be qualified for the class to which he or she is they are appointed to, which shall be in the same job category as the vacant position. (b) A position that is allocated to a classification that requires requiring admission to practice law in Indiana may be underfilled by a: Sec. 1. (a) The A working test period shall be is: (b) All Appointments and promotions in the state classified service, other than temporary and intermittent, shall be are subject to a working test period. The length of such the working test period shall be a minimum of is at least six (6) months. (c) During the a working test period, the appointing authority should shall complete at least one (1) full performance appraisal of the employee's work. (d) Prior to the end of the Before a working test period ends, the appointing authority should shall complete a performance appraisal, with the employee's signature: of the employee: (e) A person in the state classified service shall be deemed is considered to have permanent status if the: (f) Whenever positions are made subject to the classified service, persons in those same or similar positions for at least six (6) months or more shall be deemed are considered to have successfully completed the working test period. (g) The requirements of a Working test period shall be requirements are waived in the case of for recall from layoff. Sec. 2. Each An appointing authority is to report, at periodic intervals, service ratings for employees under his or her their jurisdiction. The director may: Sec. 1. (a) The established minimum for a class normally shall be is paid upon appointment to the class. However, employment at a salary above the established rate may be approved by the director and the state budget agency. (b) Salary advancement within the established range shall be is: (c) Each change in status and each salary increase: (d) Any The salary paid to an employee shall represent represents the total remuneration for the employee, not including reimbursements for official travel. (e) Whenever an employee works for a period less than the regularly established number of hours a day or days per each pay period, the amount paid shall be: (f) The payment of A separate salary paid from at least two (2) or more agencies for duties performed in each of such those employments is permissible if the salaries received are in proper proportion to the percentage of full time worked in each agency. (g) No An employee shall not supplement any a state salary through participating in activities engaged in on state property, such as: (h) Employees An employee whose substitution on unrelated positions does not involve working compensable overtime shall is not be entitled to additional compensation for the additional duties. No such substitution Substitutions shall not exceed four (4) consecutive calendar weeks, unless the employee is compensated for any higher level duties at or above the pay range minimum for the work performed. (i) If the state park inns authority becomes subject to IC 4-15-2.2, as prescribed in IC 14-19-11-8, state park inns employees receiving tips are excepted from subsections (d) and (g)(3). Sec. 9. The following are requirements for record keeping: Sec. 1. (a) Employees shall be compensated for holidays established by statute or officially proclaimed by the governor. (b) Notwithstanding subsection (a), teachers employed by the Indiana School for the Blind and Visually Impaired (ISBVI) or Indiana School for the Deaf (ISD) shall accrue holidays in accordance with under the holiday policy of Indianapolis public schools. ISBVI and ISD teachers are not eligible for additional holidays set for state employees under IC 1-1-9, IC 4-15, or this rule. (c) The first day of week, commonly called Sunday shall is not be considered a holiday within the meaning of this rule. (d) Any An employee who is required to work on a holiday shall be paid for such work at a straight-time rate, with the regular payment for that pay period in which the holiday occurs together with pay for the holiday, or, at the option of the appointing authority, may be credited with compensatory time off. Unless otherwise authorized by the director and the state budget agency, all such the compensatory time off earned for work on a holiday: Sec. 2. (a) Vacation leave with pay shall be is earned by full-time employees at the rate of seven and one-half (7.5) hours for each full month of employment. Employees working at least half time, but less than a full-time basis, shall earn vacation at the rate of three and three-fourths (3.75) hours a month. Vacation will is not be credited to the following employees: (b) Notwithstanding Except as provided in subsection (a), teachers employed by the Indiana School for the Blind and Visually Impaired (ISBVI) or Indiana School for the Deaf (ISD) accrue vacation leave in accordance with under the vacation leave policy of Indianapolis public schools. ISBVI and ISD teachers are not eligible for vacation leave set for state employees under IC 4-15 or this rule. (c) Eligibility for additional vacation days shall be is as follows: (d) No vacation shall accrue to full-time employees during the first six (6) months of employment, or to part-time employees during the first twelve (12) months of employment, but, upon completion thereof, regular vacation leave shall be allowed for time served during such periods. (e) (d) Appointing authorities shall determine the time and amount of vacation that shall be taken at any one (1) time. Employees shall be are limited to four (4) calendar weeks of vacation at any one (1) time: (f) (e) For the good of the service in arranging vacation schedules, the director may approve the request of an appointing authority authority's request for a full-time employees employee to anticipate and take vacation leave not to exceed twenty-two and one-half (22.5) hours. (g) (f) Compensation for unused vacation on separation shall be is as follows: (h) (g) Vacation leave shall be is charged in fifteen (15) minute increments. (i) (h) An employee who resigns in good standing and is subsequently later rehired shall have has reinstated any vacation leave that was accrued, but was unused and uncompensated, at the time of resignation. However, vacation leave that was compensated under 31 IAC 5-10 shall is not be reinstated. (j) In recognition of the fact (i) Acknowledging that certain police officers have a standard work day of eight and one-half (8.5) hours instead of seven and one-half (7.5) hours, the references to the numbers of hours in this section shall be are converted for those police officers who are subject to 31 IAC 5-7-8(b) as follows: Sec. 4. (a) For purposes of this article, "personal leave" means an absence from duty with pay for personal reasons. (b) Personal leave shall accrue accrues to full-time employees at the rate of seven and one-half (7.5) hours for every four (4) months of full-time employment, and to part-time employees working at least half time at the rate of three and three-fourths (3.75) hours for every four (4) months of service. Personal leave shall is not be granted to the following employees: (c) No An employee may not accrue a personal leave balance in excess of exceeding twenty-two and one-half (22.5) hours. If an employee is otherwise eligible to accrue personal leave, but the accrual thereof would increase his or her the employee's account balance beyond the twenty-two and one-half (22.5) hour limit, the personal leave shall be is credited to the employee's accrued sick leave balance. (d) The An appointing authority may establish procedures for employees to follow in securing authorization for a personal leave absence. on personal leave. (e) On separation, compensation for unused personal leave is only permitted under the retiree leave conversion program described in 31 IAC 5-10. (f) An employee who resigns in good standing and is subsequently later rehired shall have has reinstated any personal leave that was accrued, but unused and uncompensated, at the time of resignation. (g) In recognition of the fact Acknowledging that certain police officers have a standard work day of eight and one-half (8.5) hours instead of seven and one-half (7.5) hours, the references to the numbers of hours in this section shall be are converted for those police officers who are subject to 31 IAC 5-7-8(b) as follows: Sec. 6. (a) Subject to prior approval by the director, an appointing authority may authorize leave with pay for an employee for the purpose of securing special education or training, other than departmental in-service, directly appropriate to the employee's position, and which will result in benefit to the state. (b) The An appointing authority may allow leave with pay not to exceed the employee's next three (3) regularly scheduled work days in the event of for the death of any relative specified in this section. The amount of time granted ordinarily will depend upon the closeness of relationship to the deceased and amount of travel necessitated by attendance at the funeral. Such leave may be granted upon the death of a: of the following individuals: (c) Employees, An employee, except employees an employee paid by the hour or day, who are lawfully required to report for jury duty or to serve as witnesses a witness before any body or agency having subpoena powers, shall be granted leaves a leave of absence by their appointing authorities authority from their positions position during the required absence for such that duty. When such leaves of a leave absence are is granted for jury duty or to serve as witnesses a witness in matters relating to employment with the state, they shall receive the employee receives that portion of their regular salary from the state which will, that, together with the compensation for such court service, equal equals their total regular salary for the same period. (d) Employees An employee who are members is a member of the armed forces reserves or the national guard shall be is entitled to a leave of absence, not to exceed fifteen (15) work days in any a calendar year, without loss of losing pay or vacation time. The employee shall be is required to submit a written order or an official statement requiring the military duty. (e) A full-time or part-time employee is allowed leave with pay to voluntarily participate in activities benefitting another governmental entity or a charitable organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. Community service leave time is not to exceed a combined total of fifteen (15) hours for full-time employees and seven and one-half (7.5) hours for part-time employees each calendar year. Voluntary activities must not promote religion or attempt to influence legislation, governmental policy, or elections to public office. (f) Once annually, agencies may organize and participate in an agency sponsored volunteer event benefitting another governmental entity or a charitable organization exempt from federal income taxation under Section 501(c)(3) that complies with IC 35-44.1-1-3. Employee participation at the event is voluntary and shall not exceed seven and one-half (7.5) hours of paid time. Time spent volunteering at an agency sponsored event counts toward an employee's use of the combined total cap of community service leave time established in subsection (e). For purposes of this section, "governmental entity" means: (g) After the: (a) For purposes of this section, "emergency conditions" means circumstances requiring closing a state worksite due to conditions at that location adversely affecting the health or safety of employees or clients and customers, or all, or the ability of employees to perform required duties (e.g., water main breaks, sewage back-ups, power outages, or bomb threats), and where there is no reasonable alternative site for employees to perform the work. The director may authorize closing a state operation due to emergency conditions occurring at a worksite, and employees affected by that closure will not lose wages for the time the worksite is unusable. (b) When the director declares a state worksite closed due to emergency conditions, employees scheduled to work at that worksite during that time, but not required to work, are given leave with pay. Employees required to work at the worksite under emergency conditions are granted compensatory time on an hour for hour basis for hours worked. (c) Only the director may authorize the closing of a state worksite or operation due to emergency conditions. Reporting emergency conditions at a worksite must be submitted through designated chains of authority to the employee relations division of the department as soon as possible. (d) An appointing authority may only authorize unpaid leave or an employee's request to use accrued leave, but may not authorize paid emergency conditions leave or compensatory time for work during emergency conditions. (e) Employees engaged in emergency response duties or on previously approved leaves, and employees appointed on a temporary or an intermittent basis, are not eligible for emergency conditions leave. (f) Emergency conditions leave does not apply to employees on sick leave or any other leave approved before an emergency condition has been declared, or to employees engaged in emergency response activities, such as snow removal, radio operations, or emergency management. (g) Weather conditions affecting only the ability to commute are not considered emergency conditions requiring closing a state worksite or paid leave. (h) For purposes of this subsection, "conditions of a serious nature" means circumstances that may: Sec. 8. (a) Any An employee, upon on request, shall be is granted a leave of absence without pay to cover the length of his or her their services in the armed forces uniformed services of the United States, as required by the Uniformed Services Employment and Reemployment Rights Act. (b) No Sick, leave, personal, leave, or and vacation leave credits will do not accrue during military leave. (c) An employee granted a military leave of absence shall be is reinstated according to the dictates of federal law. (d) If there is no vacancy, a vacancy shall be is created by utilizing using the layoff procedure. (e) If the an employee on military leave fails to make application apply for return from leave in compliance with applicable federal law, such the failure will be is considered as an automatic resignation. Sec. 1. An employee who meets all the following criteria is entitled to short term disability benefits under this rule: Sec. 2. To be eligible for short term disability benefits, the an employee must be absent from work for an elimination period of thirty (30) consecutive calendar days. Authorization for absence and salary continuation during the elimination period should be is sought under the rules relating to: Sec. 4. The basic short term disability benefit may be augmented up to eighty percent (80%) of the employee's base biweekly wage by pro rata charge against accrued leave balances. For example, an employee entitled to the short term disability benefit may receive eighty percent (80%) of his or her their base biweekly wage by subtracting one (1) day each week from the accrued leave balance. Sec. 9. (a) Except as provided in sections 20(4) and 27 of this rule, for the first and second year, the long term disability benefit is available if the an employee is unable to perform work consistent with his or her their classification. (b) The long term disability benefit is available for a third and fourth year if the an employee is unable to perform the work of any an occupation for which he or she is they are reasonably qualified by reason of education, training, or experience. Sec. 14. (a) If an employee, having recovered from the a long term disability, desires wants to return to work and the agency in which he or she the employee was employed with before the onset of the disability has no does not have a vacant position in their classification, or a similar classification with the same basic qualifications and salary range, then the layoff procedure shall be utilized is used to determine which employee is to be laid off. (b) When benefits cease end because the a disability does not meet the standard set forth in section 9(b) of this rule, the last appointing authority for whom the an employee worked before the onset of the disability shall offer the employee the next available position, within thirty (30) miles of his or her the employee's designated work station before the onset of the disability, at the same or a lower skill level, that he or she the employee is legally qualified to fill and physically capable of performing. The appointing authority's obligation under this subsection ends and employment will be is terminated upon the earlier of the: after either: Sec. 16. (a) The An application for benefits must: (b) The effective date of benefit payments shall not precede the date on which the application is made by the an employee, or some a person acting on his or her the employee's behalf, to the state personnel department or, if a third party administrator is contracted by the state, to the third party administrator. (c) An employee must apply for Social Security and pension benefits simultaneously with at the same time as or prior to application before applying for long term disability benefits. The employee must exercise due diligence in attempting to secure an award of Social Security and pension benefits. (d) Determination of disability and eligibility for benefits shall be is made by the state personnel department, in coordination together with the disability determination bureau of the division of disability and rehabilitative services, or by a third party administrator contracted by the state. Sec. 17. The An appointing authority, state personnel the department, the disability determination bureau of the division of disability and rehabilitative services, or a third party administrator contracted by the state may require examination by designated physicians. Examinations by state designated physicians shall be are paid for by the state. Failure of the An employee failing to submit to a required examination or waive the patient/physician privilege results in a disqualification of eligibility for benefits. The employee is not required to waive the patient/physician privilege as to medical conditions unrelated to his or her their claim for benefits. Sec. 20. Benefits terminate when any of the following occur: Sec. 26. (a) An employee who, in the scope of state employment, is disabled by injuries resulting from the tortious act of another person, shall receive is entitled to one hundred percent (100%) of his or her their base biweekly wage. For purposes of this rule, a correctional officer's base biweekly wage is determined using the number of hours the officer is typically scheduled to work during a pay period, excluding premium overtime. (b) A seven (7) calendar day elimination (waiting) period applies to benefits under this benefit section. During the elimination period, the employee may use accrued leave benefits. (c) The maximum duration of benefits under this section is one (1) calendar year from after the date of the a job related injury. (d) After exhaustion of benefits under this benefit, the section have ended, an employee is eligible for salary continuation under worker's compensation or long term disability. In this situation, long term disability benefits may be provided for the maximum duration allowed by section 12 of this rule, subject to the termination and other provisions of this rule. (e) The An employee cannot receive both the benefits under this benefit section and salary continuation under worker's compensation simultaneously. at the same time. (f) The period of time an employee is eligible for temporary total disability payments or total permanent disability payments is reduced by the amount of time he or she they received benefits under this section. Sec. 27. (a) Short term and long term disability benefits will be are paid only if the disability would does not permit the an employee to perform any other job assignment and an appointing authority does not assign duties the employee is physically capable of performing, according to under the determinations made in sections 16 and 17 of this rule. (b) An employee unable to do his or her their regular job, but who returns to work and performs any job assignment, will receive is entitled to eighty percent (80%) of his or her their base biweekly wage or the minimum hourly rate for services performed, whichever is greater. (c) An employee who refuses an appropriate temporary assignment shall be terminated from employment, and benefits under this rule shall cease. end. Sec. 1. The following definitions apply throughout this rule: Sec. 4. (a) Subject to subsection (b), for the purpose purposes of the retiree leave conversion program, the value of accrued but unused and uncompensated sick, vacation, or personal leave is determined as follows: (b) In no event is the An eligible retiree is not entitled to more than an aggregate of five thousand dollars ($5,000) gross compensation under this retiree leave conversion program the amount specified in IC 5-10-12-5. Sec. 1. An appointing authority or his or her their designee may demote an employee by presenting the employee with written notice of demotion, a copy of which shall be is filed with the director. If the employee is not available, written notice shall be is sent to the employee's last known address. Sec. 2. (a) An appointing authority or his or her their designee may suspend any an employee without pay for disciplinary purposes by presenting the employee with a written notice of suspension, a copy of which shall be is filed with the director. If the employee is not available, written notice shall be is sent to the employee's last known address. (b) An appointing authority or his or her their designee may suspend any an employee without pay pending an investigation or trial of any charges against him or her the employee. If the outcome of the charges or trial of any the charges is favorable to the employee, the appointing authority shall reimburse the employee for any lost wages and benefits for the suspension period less any the wages the employee might may have earned during the suspension period from other employment. Sec. 3. (a) An appointing authority or the appointing authority's designee may dismiss an employee and terminate his or her their employment by presenting the employee with a written notice of dismissal, a copy of which shall be filed with the director. If the employee is not available, written notice shall be sent to the employee's last known address. (b) An appointing authority may dismiss an employee in a working test in accordance with under IC 4-15-2.2-34. (c) Except as provided in 31 IAC 5-9, an employee, eligible for benefits or subject to the elimination period under 31 IAC 5-9, may not be dismissed from employment due to his or her their absence which that results solely from the disability. (d) A dismissed employee shall forfeit all accrued sick, personal, and vacation leave. (e) An employee who is dismissed may be entitled to initiate a complaint, as provided in IC 4-15-2.2-42.