CHAPTER Per 100  ORGANIZATIONAL RULES

 

REVISION NOTE #1 (1992 Revisions):

 

Document #5373, effective 4-27-92, made extensive changes to the wording, format, structure, and numbering of rules in former Chapters Per 100 through 300, and readopted the rules with amendments as Per 100 through Per 1500.  Document #5373 superseded all prior filings for the sections in former Chapters Per 100 through Per 300.  The filings prior to Document #5373 for former Chapters Per 100 through Per 300 included the following documents:

 

#2315, eff. 4-15-83

#2999, eff. 3-29-85

#3105, eff. 8-22-85

#4028, eff. 3-31-86

#4620, INTERIM, 5-31-89, EXPIRED 9-28-89

#4692, eff. 10-31-89

#4973, eff. 11-14-90

 

Some rules in Per 100 through Per 300 had expired before Document #5373 was filed.  Rules in Document #2999 which were not included in Document #3105 or Document #4692 expired 3-29-91.  Rules in Document #3105 expired 8-22-91.

 

REVISION NOTE #2 (1998 Revisions):

 

Document #6729, effective 4-21-98, readopted with amendments Per 100, and superseded the Per 100 as filed in Document #5373.  As organizational rules the rules in Document #6729 will not expire except pursuant to RSA 541-A:17, II.

 

Document #6730, effective 4-21-98, readopted with amendments Per 200 through Per 1500, and superseded Per 200 through Per 1500 as filed in Document #5373.

 

REVISION NOTE #3 (2006 Revisions):

 

Document #8601, effective 4-21-06, readopted without substantive change Per 200 through Per 1500 as interim rules, and superseded Per 200 through Per 1500 as filed in Document #6730.  As interim rules Per 200 through Per 1500 would have expired 10-18-06.

 

Document #8735, effective 10-18-06, amended or readopted with amendments selected sections in Per 100 as noted in the source Notes.  Document #8735 amends or supersedes those sections as filed in Document #6729.  As organizational rules the rules in Document #8735 will not expire except pursuant to RSA 541-A:17, II. 

 

Documents #8736 and #8737, effective 10-18-06, readopted with amendments Per 200, including substantive and editorial changes to the wording, format, and numbering of Per 200 filed in Document #8601 as interim rules.  Document #8736 containing Per 201, 202, and 203, and Document #8737 containing Per 204 and 205, supersede all sections in Per 200 as filed in Document #8601.  The changes in Per 200 include, but are not limited to:

 

Readoption with amendments and renumbering of former section Per 201.02 as new Part Per 203 and adoption of a new Part Per 202.  Per 201, 202, and 203 in Document #8736 governing rulemaking, declaratory rulings, and public comment hearings will not expire except pursuant to RSA 541-A:17, II.

 

Readoption with amendments and renumbering of former Part Per 202 as Part Per 205 and insertion of a new Part Per 204.  Per 204 and 205 in Document #8737 governing settlement of disputes and explanation of adopted rules will expire in 8 years unless amended, repealed or superseded before that.

 

Document #8738, effective 10-18-06, readopted with amendments Per 300 through Per 1500, including substantive and editorial changes to the wording, format, and numbering of Per 300 through Per 1500 filed in Document #8601 as interim rules.  Document #8738 supersedes all sections in Per 300 through Per 1500 as filed in Document #8601.  The changes in Per 300 through Per 1500 include, but are not limited to:

 

Deletion of former section numbers Per 302.02 and Per 303.08, and insertion of the content of former Per 302.02, with amendments, in Per 302.01(j) and (k).

 

Deletion of former section numbers Per 403.05 and Per 801.07. 

 

Deletion of former Per 901.10, and readoption with amendments and renumbering of the former Per 901.11 and Per 901.12 as Per 901.10 and Per 901.11, respectively.

 

Insertion of new Part Per 1001, including within it amended content from former Per 1001.05(e), Per 1001.06, and Per 1001.07(a)(2).

 

Readoption with amendments and renumbering of former Part Per 1001 as new Part Per 1002, with new content in Per 1002.03.  The former sections Per 1001.03, 1001.04, 1001.05, 1001.07, and 1001.08 were readopted with amendments and renumbered, respectively, as Per 1002.04, 1002.05, 1002.06, 1002.07, and 1002.08.

 

Readoption with amendments and renumbering of former Part Per 1002 as new Part Per 1003, with former Per 1002.03(d) and (e) amended and renumbered as new Per 1003.04.

 

Deletion of former Per 1203.07 and readoption with amendments and renumbering of former Per 1203.08 and Per 1203.13 as, respectively, Per 1203.07 and Per 1203.12, and renumbering of former Per 1203.09 through Per 1203.12 as Per 1203.08 through Per 1203.11.

 

Deletion of former section numbers Per 1204.11 and Per 1204.12.

 

Insertion of a new Per 1501.04.

 

PART Per 101  PURPOSE AND SCOPE

 

Per 101.01  Purpose.  The purpose of these rules shall be to implement RSA 21-I:42-58 and to establish a statewide system of personnel administration based on merit principles, sound management techniques, and regular training and education programs, in such a manner as to ensure:

 

(a)  The establishment of a state system of personnel administration based on merit principles and accepted methods for the recruitment, appointment, compensation, promotion, transfer, layoff, removal and discipline of classified state employees and for regular training programs;

 

(b)  The promotion and increase of economy and efficiency in the state service especially in those areas designated in RSA 21-I:42, IV;

 

(c)  Fair and equal opportunity to all qualified persons to enter state employment on the basis of demonstrated merit and fitness as ascertained through fair methods of selection;

 

(d)  The establishment and maintenance of a uniform plan of classification and pay based upon the relative duties and responsibilities of positions in the state classified service in accordance with RSA 21-I:42, II;

 

(e)  That state service, as far as practicable, be made attractive as a career, encouraging each employee to render his best service to the state; and

 

(f)  That, through a system of performance management and written performance appraisal for employees, discrimination against any person in recruitment, examination, appointment, training, promotion, retention or any other personnel action, because of political or religious opinions or affiliations or because of age, gender, race, marital status, disability, national origin, or any other non-merit factor shall be prohibited.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 101.02  Scope.

 

          (a)  Unless otherwise specified, these rules shall apply to full time classified state employees.

 

          (b)  In the case of terms and conditions of employment which are negotiated, the provisions of the collective bargaining agreements shall control.

 

          (c)  In accordance with the provisions of RSA 21-I:43, the director shall have sole authority, subject to the appeals process established under RSA 21-I, to adopt and interpret these rules.

 

          (d)  In accordance with the provisions of RSA 273-A:4, disputes arising out of an alleged violation, misapplication or misinterpretation of any provision of a collective bargaining agreement shall be resolved in accordance with the grievance procedures contained therein.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; amd by #8735, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 101.03  Internal Agency Policies.

 

(a)  Appointing authorities shall submit to the director those internal agency personnel policies, such as posted rules applying to classified employees, that in and of themselves warn of possible dismissal without prior warning.  The director shall investigate, review, and comment on these policies in accordance with RSA 21-I:42, IV(f), prior to distribution or enforcement.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; amd by #10801, eff 5-17-15

 

          Per 101.04  Use of the Human Resources Management System.  Items which these rules specify must be submitted in writing may, unless otherwise provided, be produced in hard copy, or, if the functions of the human resources management system allow, by electronic submission through that system. 

 

Source. #10238, eff 3-18-13

 

PART Per 102  DEFINITIONS

 

Per 102.01  “Accountability” means a specific work assignment performed 10 percent or more of the total working time with a stated end result against which the employee's performance will be evaluated.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.02  “Agency” means an executive branch department, commission, board, office or other entity including any division thereof, in which all classified positions are under a single appointing authority.

 

Source. (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.03  “Allocation” means the original assignment, by the director, of a position to a salary grade and class within the classification plan.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #8735, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 102.04  “Annual leave” means time off for vacation or other personal reasons.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15

 

Per 102.05  “Appeal” means the formal process followed under RSA 21-I:46, 57 and 58 by the board to hold hearings and render decisions on disagreements regarding the application of these rules.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

          Per 102.06  “Applicant” means an individual who has submitted an application for employment in response to an in-house posting or outside recruitment.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10238, eff 3-18-13

 

Per 102.07  “Appointing authority” means the officer, director, board, commission, person, or designee, having the power to make appointments in the state classified service in a particular agency.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #8735, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 102.08  “Board” means the New Hampshire personnel appeals board.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.09  “Bargaining unit” means a collective bargaining unit determined under RSA 273-A:8 with which the state conducts periodic negotiations.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.10  “Bonus leave” means the attendance incentive program which provides additional time off based upon the frequency of sick days used during a fiscal year.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

          Per 102.11  “Candidate” means an applicant whose application for employment is certified as meeting the minimum qualifications of the class specification and supplemental job description for which the application is filed.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15

 

          Per 102.12  “Certification” means the process by which an applicant is determined to have met the minimum education and experience requirements for a position in the classified service which are stated on a class specification and supplemental job description.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15

 

Per 102.13  “Class” or “class title” means a group of positions which have the same class specification and whose duties, responsibilities, and minimum qualifications are sufficiently similar so that the same schedule of compensation and the same tests of fitness can be applied to each position in the group.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.14  “Class evaluation” means the process by which the director assigns a position to its appropriate class.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.15  “Class series” means a general career grouping of 2 or more classes which involve the same type of work in increasing levels of complexity, job responsibility, and minimum qualifications.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.16  “Class specification” means the written document containing the official title, basic purpose, characteristic duties, distinguishing factors, and the minimum qualifications of a specific class.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.17  “Classification” as a process means an orderly arrangement of all positions in the state classified service into separate and distinct classes so that each specific class contains those positions which involve similar duties and responsibilities.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.18  “Collective bargaining agreement” means the current agreement authorized by RSA 273-A:9 between the state and one or more bargaining units.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.19  “Compensation” means a schedule of pay established by RSA 99 consisting of a minimum through maximum rate of pay for each class of positions, so that all positions within a specific class will be paid according to the same labor grade established for that class.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #8735, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 102.20  “Demotion” means a transfer of an employee from one position to another position having a lower salary grade.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.21  “Dependent care” means sick leave used to care for a person in the employee’s immediate family when that individual is ill or injured and who is dependent on others for part or all of the activities of daily living.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15

 

Per 102.22  “Director” means the director of personnel.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.23  “Disabled veteran” means a veteran who is certified by the U.S. Veterans Administration as having a service connected disability rating of 10 percent or more at the time of making an employment application.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.24  “Discharge” means the dismissal of an employee from the state classified service through a process of discipline.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.25  “Division” means the division of personnel.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.26  “Earned rating” means a grade or score on an examination given for the purpose of establishing eligibility for a classified position.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

Per 102.27  “Educational leave” means time off, with or without pay, to attend course work at the college level or in a work-related, approved course of postsecondary study.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

          Per 102.28  “Eligible candidate” means an applicant who has been certified as meeting the minimum education and experience requirements stated on a class specification and supplemental job description and has received a passing earned rating.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15

 

          Per 102.29  “Employee” means a person working full-time in the state classified service whose appointment to work has been approved by the appointing authority and the director.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15

 

          Per 102.30  “Examination” means a structured interview, written test, or practical performance test designed to assure that an applicant possesses the ability to perform the duties for a particular classification.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

          Per 102.31  “Exempt employee” means a professional and/or supervisory employee who is exempt under the Fair Labor Standards Act from cash payments at premium pay level and time and one-half for overtime.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

          Per 102.32  “External candidate” means a person not employed by the State of New Hampshire in the classified system at the time of application for employment, or a person who is employed by the State of New Hampshire who submits an employment application after the 5 day in-house deadline to file applications.

 

Source.  #10801, eff 5-17-15

 

          Per 102.33  “Human resources management system” means the statewide electronic system used by the state to track human resources functions such as recruitment, hiring and other matters addressed in these rules. 

Source.  #10238, eff 3-18-13; renumbered by #10801 (from Per 102.32)

 

          Per 102.34  “Immediate family” means a designation used to administer bereavement leave, and includes the spouse, children, mother-in-law, father-in-law, parents, step-parents, step-children, step-brothers, step-sisters, grandparents, grandchildren, brothers, sisters, legal guardians, daughters-in-law, sons-in-law and foster children of the employee.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238; ss by #10801, eff 5-17-15 (from Per 102.33)

 

          Per 102.35  “Increment date” means the date on which an employee’s salary may be advanced from one step to the next in the salary range established for the position.

 

Source.  #10801, eff 5-17-15

 

          Per 102.36  “Initial probationary period” means the first 12 full months of full-time work performed in a single full-time position in the state classified service following an employee’s most recent date of hire.

 

Source.  #10801, eff 5-17-15

 

          Per 102.37  “Labor grade” means salary grade.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.33); renumbered by #10801 (from Per 102.34)

 

          Per 102.38  “Layoff” means the complete separation of an employee from the state classified service for an indefinite period by reason of abolition of position, change in organization, lack of work, insufficient funds, or other reasons outside the employee's control which reflects no discredit on the employee.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.34); renumbered by #10801 (from Per 102.35)

 

          Per 102.39  “Leave accrual date” means the date each month on which a full-time employee is eligible to earn annual leave and sick leave for a completed month of service.

 

Source.  #10801, eff 5-17-15

 

          Per 102.40  “Longevity date” means the last date an employee entered state service on a full-time basis and is the date used for determining longevity pay, unless otherwise specified by statute.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.36); renumbered by #10801, eff 5-17-15 (from Per 102.36)

 

          Per 102.41  “Minimum qualifications” means the requirements for education, experience, licensure, bona fide occupational qualifications or other special requirements established on the class specification and supplemental job description for a given class.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.36); ss by #10801, eff 5-17-15 (from Per 103.37)

 

Per 102.42  “Nonstandard workweek” means the weekly time period completed by a full-time employee who works other than the standard Monday through Friday week.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.37); renumbered by #10801 (from Per 102.38)

 

Per 102.43  “Outside recruitment” means the process of filling a vacant position by recruiting potential employees outside the executive branch.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10238, eff 3-18-13 (from Per 102.38); renumbered by #10801 (from Per 102.39)

 

Per 102.44  “Overtime” means authorized work in excess of an established basic workweek.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.39); renumbered by #10801 (from Per 102.40)

 

Per 102.45  “Part-time employee” means an individual who works less than the basic workweek established for a specific class.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.40); renumbered by #10801 (from Per 102.41)

 

Per 102.46  “Permanent employee” means a full-time employee who has satisfactorily completed a probationary period and whose continued employment in a position is contingent upon the recommendation of the appointing authority.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238; ss by #10801, eff 5-17-15 (from Per 102.42)

 

Per 102.47  “Probationary period” means a period of full-time work during which a full-time employee is required to demonstrate satisfactory performance of the duties and responsibilities of the employee's position as listed on the supplemental job description for the position.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.42); renumbered by #10801 (from Per 102.43)

 

Per 102.48  “Promotion” means the assignment of a full-time employee to a full-time position having a higher salary grade.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.43); ss by #10801, eff 5-17-15 (from Per 102.44)

 

Per 102.49  “Reallocation” means a determination by the director that the salary grade assigned to a class be reevaluated in relation to the position classification plan established under RSA 21-I:42, II.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.44); renumbered by #10801 (from Per 102.45)

 

Per 102.50  “Reassignment” means the transfer of an employee from a full-time position in a specific class to another full-time position in the same class.

 

Source.  #10801, eff 5-17-15

 

Per 102.51  “Recall” means reemployment to the same class in the same agency following layoff.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.45); renumbered by #10801 (from Per 102.46)

 

Per 102.52  “Reemployment” means the employment by the appointing authority of a laid off former employee or an employee who was demoted in lieu of layoff to a position within the agency in a classification other than that from which the employee was laid off.

 

Source.  #10801, eff 5-17-15

 

Per 102.53  “Reclassification” means a determination by the director that a position be assigned to a class different from the one in which it was previously assigned.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.46); renumbered by #10801 (from Per 102.47)

 

Per 102.54  “Reduction in force” means a condition in which the total number of employees within an agency is reduced due to a layoff.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-9; renumbered by #10238 (from Per 102.47); renumbered by #10801 (from Per 102.48)

 

Per 102.55  “Rehire” means employment of a former classified employee.

 

Source.  #10801, eff 5-17-15

 

Per 102.56  “Roster” means a complete list of permanent, temporary and part-time employees, including each employee's name and business number.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.49); renumbered by #10801 (from Per 102.50)

 

Per 102.57  “Salary grade” means the salary range established by RSA 99.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #8735, eff 10-18-06; renumbered by #10238 (from Per 102.50); ss by #10801, eff 5-17-15 (from Per 102.51)

 

          Per 102.58  “Salary increment” means an approved increase of one step in the range from the minimum step to the maximum step in RSA 99, based upon satisfactory work performance.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #8735, eff 10-18-06; remumbered by #10238 (from Per 102.51); ss by #10801, eff 5-17-15 (from Per 102.52)

 

Per 102.59  “Seasonal appointment” means the appointment to a full-time position the need for which might be reasonably anticipated to recur each year for 6 months or more, not necessarily consecutively, in any 12 month period.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.52); ss by #10801, eff 5-17-15 (from Per 102.53)

 

Per 102.60  “Seniority date” means the last date an employee entered state classified service on a full-time basis, adjusted for periods of uncompensated absences for educational or personal reasons, for periods of suspension without pay, and for periods of prior qualifying military experience, and is used for determining personnel actions related to layoff.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.53); ss by #10801, eff 5-17-15 (from Per 102.54)

 

Per 102.61  “Separation” means the complete termination of an employee from state classified service for any reason.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.54); renumbered by #10801 (from Per 102.55)

 

Per 102.62 “Sick leave” means time off due to illness, injury, bereavement, dependent care, or pre-approved medical appointment.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.55); renumbered by #10801 (from Per 102.56)

 

Per 102.63  “Signature” means, unless otherwise specified, a hand written signature or an electronic signature as defined by RSA 294-E:2, VIII. 

 

Source.  #10238, eff 3-18-13; renumbered by #10801 (from Per 102.57)

 

Per 102.64  “Standard workweek” means the weekly time period completed by a full-time employee who works from Monday through Friday.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.56); renumbered by #10801 (from Per 102.58)

 

Per 102.65  “State classified service” means all positions in the executive branch of state government except those listed in RSA 21-I: 49 or other laws providing for the creation of non-classified positions.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #8735, eff 10-18-06; renumbered by #10238 (from Per 102.57); renumbered by #10801 (from Per 102.59)

 

Per 102.66  “Step” means the intervals between the minimum and the maximum range of pay established for each salary grade under RSA 99.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #8735, eff 10-18-06; renumbered by #10238 (from Per 102.58); ss by #10801, eff 5-17-15 (from Per 102.60)

 

Per 102.67  “Supplemental job description” means a document identifying the scope of work, duties, accountabilities and approved statement of qualifications of an agency-level position falling within a specific class.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.59); ss by #10801, eff 5-17-15 (from Per 102.61)

 

Per 102.68  “Suspension” means a leave of absence with or without pay for investigatory or disciplinary purposes.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.60); renumbered by #10801 (from Per 102.62)

 

Per 102.69  “Technical assistance manual” means an informal non-regulatory document which combines the requirements established by law and by rule for the purpose of explaining procedures for agency personnel to follow in obtaining a service or implementing a rule.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.61); renumbered by #10801 (from Per 102.63)

 

          Per 102.70  “Temporary appointment” means an appointment of a qualified candidate to a position that is known to be of limited duration.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (Per 102.62); renumbered by #10801 (from Per 102.64)

 

          Per 102.71  “Temporary fill-in appointment” means an appointment of a candidate who is not a full-time employee in the classified service at the time of appointment to a full-time classified position that is vacant because the incumbent is on military leave, extended leave without pay, or the position is vacant because of recruitment.

 

Source.  #10801, eff 5-17-15

 

Per 102.72  “Training” means an organized method of instruction designed to improve the working capacity and efficiency of an employee or the management skills of an employee or appointing authority.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.63); renumbered by #10801 (from Per 102.65)

 

          Per 102.73  “Transfer” means the change of an employee from one position to another position in the same or a different class without a break in service.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.64); renumbered by #10801 (from Per 102.66)

 

          Per 102.74  “Vacancy” means an unfilled position.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.65); renumbered by #10801 (from Per 102.67)

 

          Per 102.75  “Veteran” means a person who has served not less than 90 days in active duty in the armed forces of the United States and who has been honorably discharged or medically discharged under honorable circumstances during a period of war, as set forth in Per 701.02.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.66); renumbered by #10801 (from Per 102.68)

 

          Per 102.76  “Workweek” means either a period of 37 1/2 hours or 40 hours during which a full-time employee performs regular duties.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.67); renumbered by #10801 (from Per 102.69)

 

          Per 102.77  “Written” means, unless otherwise specified, printed by hand or provided by any other method of representing words and letters, including by electronic means.

 

Source.  #10238, eff 3-18-13); renumbered by #10801 (from Per 102.70)

 

PART Per 103  DESCRIPTION OF AGENCY

 

          Per 103.01 Organizational Units.  The division of personnel shall consist of the following organizational units:

 

          (a)  A bureau of employee relations, headed by a manager of employee relations, who shall be responsible to the director for the duties established by RSA 21-I:44, II.

 

          (b)  An education and training bureau, headed by an education and training officer, who shall be responsible to the director for the duties established under RSA 21-I:42, XII, including, but not limited to, establishing workshops and training sessions for appointing authorities and answering technical questions on matters related to efficient personnel administration.

 

          (c)  A bureau of human resources administration which shall be responsible for the management and coordination of classification, certification, recruitment and examinations.

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98

 

          Per 103.02  Requests for Information.  State employees, appointing authorities and members of the public may request services and information from the division at the address below on weekdays between the hours of 8:00 a.m. and 4:30 p.m.:

 

Division of Personnel

Room 1, State House Annex

28 School Street

Concord, NH 03301-6395

Tel. (603) 271-3261

TDD Access: Relay NH 1-800-735-2964

FAX: (603) 271-1422

 

Source.  (See Revision Notes at chapter heading for Per 100) #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15

 

CHAPTER Per 200  PROCEDURAL RULES

 

PART Per 201  RULEMAKING

 

Per 201.01  Petitions for Rulemaking.

 

(a)  Pursuant to RSA 541-A: 4, any person may petition the director to adopt, amend, or repeal a rule.

 

(b)  The petition shall be in writing and shall be addressed to the director.

 

(c)  The petition shall:

 

(1)  Be signed by the petitioner;

 

(2)  Contain a draft of the proposed rule change; and

 

(3)  State at a minimum:

 

a.  The name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the entity to file the petition;

 

b.  The purpose of the petition, whether the adoption, amendment or repeal of a rule;

 

c.  If amendment or adoption of a rule is sought, the text proposed;

 

d.  If amendment or repeal of a rule is sought, identification of the current rule sought to be amended or repealed; and

 

e.  The statutory provision that authorizes or supports the rulemaking petition.

 

(d)  The director shall respond to a completed petition within 30 days by either denying the petition in writing and stating the reasons for the denial or by initiating a rulemaking proceeding under RSA 541-A: 4.

 

        (e)  In accordance with the director’s sole authority to adopt rules pursuant to RSA 21-I: 43, I, the petition shall be denied unless the director concludes that to grant the petition is desirable in order to fulfill the functions of the division in accordance with the law.

 

(f)  The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8736, eff 10-18-06

 

PART Per 202  PUBLIC COMMENT HEARINGS

 

Per 202.01  Purpose.  The purpose of this part is to provide procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11, I - V.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8736, eff 10-18-06

 

Per 202.02  Public Access and Participation.

 

(a)  Public comment hearings shall be open to the public and members of the public shall be entitled to testify, subject to the limitations of Per 202.03.

 

(b)  People who wish to testify shall be asked to write on the speaker's list:

 

(1)  Their full names and addresses; and

 

(2)  The names and addresses of organizations, entities or other persons whom they represent, if any.

 

          (c)  Written or electronic comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted in accordance with RSA 541-A:11 after the adjournment of a hearing or after the adjournment of a postponed or continued hearing.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8736, eff 10-18-06; amd by #10801, eff 5-17-15

 

Per 202.03  Limitations on Public Participation.  The director or person designated by the director to preside over a hearing shall refuse to recognize for speaking or revoke the recognition of any person who:

 

(a)  Speaks or acts in an abusive or disruptive manner;

 

(b)  Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

 

(c)  Restates more than once what he or she, or the entity upon whose behalf he or she is speaking, has already stated.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8736, eff 10-18-06

 

Per 202.04  Conduct of Public Comment Hearings.

 

(a)  Public comment hearings shall be presided over by the director or a designee of the director who is knowledgeable in the subject area of the proposed rules.

 

(b)  Public comment hearings shall be conducted in accordance with RSA 541-A:11.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8736, eff 10-18-06

 

PART Per 203  DECLARATORY RULINGS

 

Per 203.01  Requests for Declaratory Ruling.

 

(a)  Any person may petition the director in writing for a declaratory ruling concerning the applicability of a rule or statute to a specific set of circumstances.

 

(b)  The petition shall be addressed to the director and shall be signed by the petitioner.

 

(c)  The petition shall cite the rule or statute in question and explain why the language of the rule or statute makes its applicability unclear to the circumstances of the petitioner's case.

 

(d)  The director shall respond within 120 days to a petition for a declaratory ruling by stating whether or not the rule or statute at issue applies to the specific set of circumstances presented.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8736, eff 10-18-06

 

PART Per 204  EXPLANATION OF ADOPTED RULES

 

Per 204.01  Requests for Explanation of Adopted Rules.  Pursuant to RSA 541-A: 11, VII, any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the director including:

 

(a)  The name and address of the person making the request; or

 

(b)  If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 204.02  Contents of Explanation.  The director shall, within 90 days of receiving a request in accordance with Per 204.01, provide a written response which:

 

(a)  Concisely states the meaning of the rule adopted;

 

(b)  Concisely states the principal reasons for and against the adoption of the rule in its final form; and

 

(c)  States, if applicable, why the director did not accept arguments and considerations presented against the rule.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

PART Per 205  SETTLEMENT OF DISPUTES

 

Per 205.01  Definitions.  For the purposes of this part, the following definitions shall apply:

 

(a)  "Supervisor" means the person who took the action that is the subject of a dispute under this part, or that person’s successor, and who is designated by the appointing authority as being responsible for affirming, amending, or rescinding the action in dispute.

 

(b)  “Division director” means the person in charge of a division as defined by RSA 21-G: 5, VII, or, if an agency is not organized according to the structure set forth in RSA 21-G, the person in the agency, if any, whose position most closely approximates that of the director of a division under RSA 21-G: 5, VII.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 205.02  Informal Settlement Prior to Appeal to the Board.

 

(a)  In accordance with RSA 541-A:38, the director can resolve issues of conflict concerning the application of personnel rules through the process of informal settlement established in this part, except:

 

(1)  Matters not subject to the informal settlement process under Per 205.08; and

 

(2)  Matters provided in RSA 21-I:57, relating to classification decisions of the director.

 

(b)  An informal settlement shall not be substituted for a full appeal to the personnel appeals board under RSA 21-I: 58 unless an agreement is reached which is satisfactory to all affected parties.

 

(c)  Upon request, the director shall apply the process of informal settlement to resolve disputes pertaining to the following decisions:

 

(1)  Decisions of the director relative to the application of the personnel rules; and

 

(2)  Decisions by appointing authorities relative to the application of the personnel rules.

 

          (d)  Employees shall not be required to utilize the process of informal settlement if the employee chooses to file an appeal with the board.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 205.03  Process of Informal Settlement.

 

(a)  Before the director conducts a review of a dispute involving the application of personnel rules pursuant to Per 205.07, the following steps shall take place within the employee's agency:

 

(1)  Step I, involving a decision by the supervisor, as described in Per 205.04;

 

(2)  Step II, involving a decision by the supervisor’s division director, if applicable, as described in Per 205.05; and

 

(3)  Step III, involving a decision by the appointing authority, as described in Per 205.06.

 

(b)  An employee seeking resolution of a dispute may choose any person as the employee's representative, and that person shall be recognized as the employee's representative in all meetings concerning resolution of the dispute.

 

(c)  For the purposes of Per 205.04 through Per 205.07, notification provided to the employee shall also be provided to the employee’s chosen representative, if any.

 

(d)  An employee seeking resolution of a dispute may forego one or more of the steps noted in Per 205.03 (a) and begin the process of informal settlement at the next higher step if:

 

(1)  One or more of the lower steps at which a determination would otherwise have been made does not exist within the agency; or

 

(2)  The person making the determination at a higher step in the process is also the person who would make a determination at a lower step in the process.

 

(e)  An employee dissatisfied with a decision at step I, step II or step III, as set forth in Per 205.04 through Per 205.06, may forego the remaining steps in the sequence and file an appeal with the board. 

 

(f)  An appeal shall be filed with the board within 15 calendar days of the decision from which the appeal arises.

 

(g)  An employee who elects to appeal to the board shall, at the same time as the appeal is filed with the board, provide a copy of the appeal to the employee’s appointing authority. 

 

          (h)  Before the director conducts a review under this Part, the employee shall have completed the informal settlement process set forth in Per 205.03.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 205.04  Step I Process - Decision by the Supervisor.

 

(a)  The employee shall present a detailed written description of the basis for the dispute to the supervisor within 15 calendar days of the action in dispute.

 

(b)  Within 15 calendar days of receiving the written statement, the supervisor shall notify the employee in writing of the decision to:

 

(1)  Modify, reverse or otherwise amend the action in dispute;

 

(2)  Affirm the decision and refer the dispute to step II or step III; or

 

(3)  Schedule a meeting of the employee and the supervisor for further review of the dispute.

 

(c)  If further review of the dispute is conducted under (b) (3) above, the supervisor shall, within 15 calendar days of the meeting, notify the employee in writing of the decision to:

 

(1)  Modify, reverse or otherwise amend the action in dispute; or

 

(2)  Affirm the action in dispute.

 

(d)  Nothing in this section shall prohibit the employee and the supervisor from agreeing, in writing, to extend the time limits established herein.

 

          (e)  A determination made under (b) or (c) above shall conform to the criteria for disciplinary actions set forth in Per 1002.

 

(f)  If the supervisor fails to notify the employee in accordance with the time periods established in this rule, the employee may proceed to step II or step III, depending upon the structure of the agency, or may file an appeal with the board.

 

(g)  If the employee elects to proceed to step II or step III, or file an appeal with the board, the employee shall notify the supervisor in writing.

 

Source.  (See Revision Notes at chapter heading for Per 100)  #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 205.05  Step II Process - Decision by the Supervisor’s Division Director.

 

(a)  The employee shall present a detailed written description of the basis for the dispute to the supervisor’s division director within 15 calendar days of the conclusion of the step I process.

 

(b)  Within 15 calendar days of receiving the written statement, the division director shall notify the employee in writing of the decision to:

 

(1)  Modify, reverse or otherwise amend the action in dispute;

 

(2)  Affirm the decision and refer the dispute to step III; or

 

(3)  Schedule a meeting of the employee and the division director for further review of the dispute.

 

(c)  If review of the dispute is conducted under (b) (3) above, the division director shall, within 15 calendar days of the meeting, notify the employee in writing of the decision to:

 

(1)  Modify, reverse or otherwise amend the action in dispute; or

 

(2)  Affirm the action in dispute.

 

(d)  Nothing in this section shall prohibit the employee and the division director from agreeing, in writing, to extend the time limits established herein.

 

          (e)  A determination made under (b) or (c) above shall conform to the criteria for disciplinary actions set forth in Per 1002.

 

(f)  If the division director fails to notify the employee in accordance with the time periods established in this rule, the employee may proceed to step III, or may file an appeal with the board.

 

(g)  If the employee elects to proceed to step III, or to file an appeal with the board, the employee shall notify the division director in writing.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 205.06  Step III Process - Decision by Appointing Authority.

 

(a)  An employee who is unable to resolve a dispute by using the procedures outlined in step I and, if applicable, step II may file a statement describing the dispute with the appointing authority of the employee's agency.

 

(b)  The statement filed under paragraph (a) shall:

 

(1)  State all the facts pertaining to the dispute; and

 

(2)  Be filed within 15 calendar days from the expiration of step I or, if applicable, step II.

 

(c)  For the purposes of subparagraph (b) (2) above, the steps noted shall expire on:

 

(1)  The date of the written decision of the supervisor and, if applicable, the division director; or

 

(2)  The date of the written notice from the employee to the supervisor or, if applicable, the division director that the employee has elected to proceed to step III.

 

(d)  At the time the employee files the statement under paragraph (a) with the appointing authority, the employee shall also file a copy of the statement with the employee's supervisor and, if applicable, the division director.

 

(e)  If the supervisor or division director disagrees with any of the facts stated by the employee, the supervisor or division director shall provide a written statement to the appointing authority upon receipt of the employee's statement and prior to any meeting held between the appointing authority and the employee under paragraph (f).

 

(f)  Within 15 calendar days of receipt of the employee's statement filed under paragraph (a), the appointing authority or his or her designee shall arrange a meeting with the employee, the supervisor and, if applicable, the division director to discuss all the facts involved in the dispute.

 

(g)  Within 15 calendar days of the meeting between the appointing authority or his or her designee, the supervisor, and the employee and, if applicable, the division director, the appointing authority or his or her designee shall notify the employee, the supervisor and, if applicable, the division director in writing of the decision and the reason or reasons therefor to:

 

(1)  Modify, reverse or otherwise amend the action in dispute; or

 

(2)  Affirm the action in dispute.

 

(h)  A determination made under (g) above shall conform to the criteria for disciplinary actions set forth in Per 1002.

 

(i)  Nothing in this section shall prohibit the employee and the appointing authority from agreeing, in writing, to extend the time limits established herein.

 

(j)  If an appointing authority or his or her designee fails to provide a written decision to the employee within the time periods established by this rule, the employee may notify the appointing authority in writing that the employee has elected to:

 

(1)  Request a review by the director under Per 205.07; or

 

(2)  File an appeal with the board.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 205.07  Step IV - Review by the Director.

 

(a)  If an employee's dispute is not resolved under Per 205.03 - Per 205.06, the employee may request a review by the director within 15 calendar days of the decision of the appointing authority or the expiration of step III.

 

(b)  The request for review shall be in writing and contain:

 

(1)  A summary of all issues addressed during the previous steps; and

 

(2)  A copy of all previous requests and decisions.

 

(c)  Within 15 calendar days, the director shall notify the employee in writing of the decision to:

 

(1)  Modify, reverse or otherwise amend the action in dispute;

 

(2)  Affirm the decision; or

 

(3)  Schedule a meeting of the employee and such supervisory personnel as the agency may designate, for further review of the dispute.

 

(d)  If further review is conducted under paragraph (c), the director shall, within 15 calendar days of the meeting, notify the employee and the appointing authority in writing of the decision to:

 

(1)  Modify, reverse or otherwise amend the action in dispute; or

 

(2)  Affirm the action in dispute.

 

(e)  A determination made under (c) or (d) above shall conform to the criteria for disciplinary actions set forth in Per 1002.

 

(f)  Subject to paragraph (i), nothing in this section shall prohibit the employee and the director from agreeing, in writing, to extend the time limits established herein.

 

(g)  If the director fails to render a decision under Per 205.07 within 15 calendar days of the further review conducted under paragraph (c), the employee may notify the director in writing that the employee considers step IV to have expired.

 

(h)  If the employee's dispute is not resolved under Per 205.07, the employee may file an appeal with the board, in accordance with the statutes applicable to or rules established by the board.

 

(i)  Pursuant to RSA 21-I: 58, appeals to the board shall be made within 15 calendar days of the action giving rise to the appeal.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

Per 205.08  Invalid Appeals and Matters Not Subject to Informal Settlement Process.  The following matters shall not be subject to settlement or appeal under Part Per 205:

 

(a)  Classification decisions of the director when the reasons for appeal are based on the following:

 

(1)  An employee's education or experience exceed the minimum qualifications required for the position;

 

(2)  An employee has held a position for a long period of time;

 

(3)  An employee has attained the maximum step of the assigned salary grade range;

 

(4)  An increase or decrease in volume of work; or

 

(5)  The cost of living or other related economic factors.

 

(b)  The general requirements listed on the class specification for a class title, including any of the following:

 

(1)  The minimum qualifications required of an applicant in order to be certified for entry into a class;

 

(2)  Any special requirements of the class, such as successful participation in a state examination; or

 

(3) The knowledge, skills, and abilities listed in the work traits section as necessary for successful job performance in the class.

 

(c)  Class titles of positions previously held by the employee;

 

(d)  Examination score;

 

(e)  Content of a performance evaluation for any classified employee;

 

(f)  Refusal of an appointing authority to grant a leave of absence without pay;

 

(g)  Implementation of a statutory provision, executive order, or court order outside of the jurisdiction of the personnel rules which affects classified employees;

 

(h)  Untimely appeals; and

 

(i)  Resignation, unless the employee can demonstrate by a preponderance of evidence that the resignation was made under extreme duress.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8737, eff 10-18-06; ss by #10801, eff 5-17-15

 

PART Per 206  COMPUTATION OF TIME

 

          Per 206.01  Computation of Time.

 

          (a)  Unless otherwise specified, all time periods referenced in these rules shall be calendar days.

 

          (b)  Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

 

          (c)  Unless otherwise specified in these rules or by other applicable law relating to the period in which an action must be performed, if the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

 

Source.  #10801, eff 5-17-15

 

CHAPTER Per 300  CLASSIFICATION

 

PART Per 301  CLASS ALLOCATION

 

Per 301.01  Description of Classification Plan.

 

(a)  The position classification plan, which is prepared and revised by the director under RSA 21-I: 42, II, shall be the standard for allocating the position of every employee in the classified service.

 

(b)  The position classification plan shall consist of the following:

 

(1)  A complete set of published class specifications established under Per 301.02 grouped alphabetically by class title; and

 

(2)  The evaluation plan and point factors used to write class specifications and classify positions.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

          Per 301.02  Class Specification.

 

          (a)  The director shall establish a formal written class specification covering each position in the classified system. The purpose of the class specification shall be to identify the job functions, distinguishing factors, examination requirements, and the minimum qualifications, including any bona fide occupational qualifications permitted under the provisions of RSA 21-I:52, I-a , Title VII of the Civil Rights Act of 1964, the federal Age Discrimination in Employment Act, 29 USC 621-634 as amended, or other state or federal law, which apply to all positions in the same class.

 

(b)  The class specification shall not be considered a job description.  The duties specific to an individual position shall be listed separately in the supplemental job description required by Per 301.03.

 

(c)  Each class specification shall contain the following:

 

(1)  A heading section stating the class title, class code, salary grade, occupational code, exempt or non-exempt status, date established, and date of last revision;

 

(2)  A definition of the basic purpose of the class;

 

(3)  The duties and responsibilities which are the characteristic job functions of the class;

 

(4)  The distinguishing factors of the class, including the required level of:

 

a.  Skill;

 

b.  Knowledge;

 

c.  Impact;

 

d.  Supervision;

 

e.  Working conditions;

 

f.  Physical demands;

 

g.  Communication;

 

h.  Complexity; and

 

i.  Independent action;

 

(5)  The minimum qualifications to be certified for entry into the class, including:

 

a.  The amount of formal education necessary;

 

b.  The amount of equivalent schooling which may be substituted for formal schooling, such as correspondence courses, adult education courses, trade or apprenticeship training;

 

c.  The amount of experience required, including the amount of time spent in practical preparation in related positions;

 

d.  The amount of equivalent experience that may be substituted for formal education, or formal education to be substituted for experience, if applicable; and

 

e.  Any license or certification requirements;

 

(6)  Any special requirements unique to the class, including any requirement for successful participation in a state examination;

 

(7)  The recommended work traits for the class, including areas of knowledge, skill or ability that would contribute to successful job performance; and

 

(8)  A disclaimer statement which shall read as follows: "This class specification is descriptive of general duties and is not intended to list every specific function of this class title."

 

(d)  Qualification requirements in the specification for any class shall constitute a basis and source of authority for the content of examinations for the class and for the certification of the qualifications of applicants.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 301.03  Supplemental Job Description.

 

(a)  The duties and work assignments for each position or group of positions in the state classified service shall be defined by a supplemental job description in the format established by this rule.

 

(b)  The supplemental job description shall be developed and updated by the appointing authority or the supervisor assigned by the appointing authority to oversee the work assignments of the position.

 

(c)  Any work assignment which affects more than 10 percent of the total working time of the position shall be listed on the supplemental job description by the appointing authority, designated supervisor or the employee of the position in accordance with this rule.

 

(d)  The supplemental job description shall contain the following information:

 

(1)  The classification of the position assigned by the director of personnel or his or her designee;

 

(2) The title, if any, assigned by the appointing authority, that is consistent with the classification of the position but which does not change the classification of the position;

 

(3)  The dates the description was established and last amended;

 

(4)  A function code number which is assigned by the division and reflects the first 4 digits of the class code, followed by the department number of the agency;

 

(5)  The date the supplemental job description was last approved by the director or his or her designee;

 

(6)  A statement of the scope of work for the position;

 

(7)  A listing of at least 5, and no more than 10, accountabilities for the position;

 

(8)  A section specifying the minimum qualifications for the position consistent with the class specification, including the minimum formal education, specific job experience and any licensure or certification requirements for entry into the position. If the class specification allows related experience to be substituted for education, or education to be substituted for experience, each year of related experience shall equal a year of required education, and each year of education shall equal a year of experience;

 

(9)  A section stating any bona fide occupational qualifications including, but not limited to:

 

a.  Minimum age requirements;

 

b.  Physical ability requirements;

 

c.  Additional training requirements;

 

d.  Special probationary requirements; and

 

e.  Required access to transportation, such as a driver's license;

 

(10)  A disclaimer statement which shall read as follows: "The supplemental job description lists the essential functions of the position and is not intended to include every job duty and responsibility specific to the position. An employee may be required to perform other related duties not listed on the supplemental job description provided that such duties are characteristic of that classification"; and

 

(11)  The signatures of the following:

 

a.  The appointing authority or the employee's immediate supervisor designated by the appointing authority;

 

b.  The employee currently appointed to the position; and

 

c.  The director of personnel or his or her designee.

 

(e)  An employee's signature on the form shall indicate the employee's acknowledgment that the review of the supplemental job description has taken place.

 

(f)  A current, signed supplemental job description shall be maintained by the agency to be used for performance evaluations conducted in accordance with Per 801, and for recruitment purposes in accordance with Per 402.01.

 

(g)  The employee shall receive a copy of the signed supplemental job description upon hire, and at the same time the annual performance evaluation is provided to the employee.

 

(h)  Shall contain the signature of the director or the director’s designee. 

 

(i)  An appointing authority, or full-time employee who believes that a revision to the supplemental job description might affect the classification of the position, may request a determination from the director under RSA 21-I:54, III, provided the revision is a permanent work assignment which affects 10 percent or more of the total working time of the position.

 

(j)  The request for a classification determination shall include at least the following:

 

(1)  A copy of the description annotated to reflect the proposed changes; and

 

(2)  A written statement which includes an explanation of how the proposed change is related to corresponding changes in the agency's goals, objectives, structure, and organizational chart.

 

(k)  The director shall review a request for a classification determination and notify the requesting party within 30 days if the new duty or responsibility requires a reclassification or reallocation review.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

Per 301.04  Request for Trainee Status.

 

(a)  For purposes of recruitment an appointing authority may request that a classified position be designated a trainee position by revising the supplemental job description under Per 301.03. The request shall be made prior to posting the position under Per 402.

 

(b)  If the request for trainee status is approved, the director shall temporarily adjust compensation for trainee positions downward the equivalent of at least one labor grade to correspond to the revised minimum qualifications as stated in the revised supplemental job description.

 

(c)  When a trainee meets the minimum qualifications as stated in the original supplemental job description for the position, the appointing authority shall assign the step in the new grade in accordance with Per 901.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 301.05  Request to Classify a Full-Time or Part-Time Temporary Position.

 

(a)  A request made by an appointing authority for the director to establish the classification of a temporary position shall include the following information:

 

(1)  A recommendation for an appropriate classification and salary grade and schedule for the proposed position;

 

(2)  An explanation of the reason or reasons for the request;

 

(3)  A proposed supplemental job description;

 

(4)  A current organizational chart that complies with Per 302, showing the reporting structure prior to the addition of the proposed position, and a proposed organizational chart showing the reporting structure after the addition of the proposed position;

 

(5)  Identification of the source and availability of funding; and

 

(6)  The intended duration of the position, if full time, which shall be no longer than 12 months.

 

(b)  In accordance with RSA 21-I: 54, if the duration of the position is for a period in excess of 12 months, it shall be considered a new position requiring the approval of the governor and council.

 

(c)  The director or his or her designee shall establish the classification of the position and notify the appointing authority in writing whether or not the director agrees with the recommendation made in the request by the appointing authority.

 

(d)  If the recommended level of classification is approved, the appointing authority shall follow the provisions of Per 400 to recruit for the new position. Additionally, upon hiring, the appointing authority shall file the appointment documentation required under Per 603.

 

(e)  If the approved position is full-time temporary, the appointing authority shall submit the following documentation to the director for the purpose of assigning a position number, which is necessary to establish the new position:

 

(1)  A position profile in the human resources management system, which shall include the following:

 

a.  Activity code of the department or division;

 

b.  Effective date indicating when the position was established;

 

c.  End date of the position;

 

d.  Position/title description, title grade, and title/subtitle code assigned by the director;

 

e.  Permanent/temporary indicator designating the position as temporary;

 

f.  Time class code indicating that the position is full-time and pay class code designating the number of hours worked per week;

 

g.  Position salary code identifying the salary schedule assigned to the position;

 

h.  Data on the type and source of agency funding for the position;

 

i.  Position number to which the new position reports;

 

j.  Work location code and position activity code indicating where the position is assigned within the agency;

 

k.  Code indicating shift differential or hazard pay, if applicable;

 

l.  Signature of appointing authority or designee; and

 

m.  Date of approval; and

 

(2)  A copy of the governor and council acceptance of monies for agency use and the fiscal committee approval required under RSA 124:15, I, if applicable.

 

          (f)  In addition to documenting the establishment of a new position, the appointing authority shall submit an updated position profile to notify the director of the following changes in the status of any full-time position:

 

(1)  Budgetary adjustment, such as a change in type or source of funding;

 

(2)  Change in reporting relationship of the position; and

 

(3)  Change in employment conditions, including:

 

a.  Work location;

 

b.  Number of hours worked per week;

 

c.  Work shift; or

 

d.  Pay cycle.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

PART Per 302  ORGANIZATIONAL ANALYSIS

 

Per 302.01  Agency Organizational Chart.

 

(a)  Agencies shall maintain and submit to the director a current organizational chart accurately depicting each component part of the agency and the positions in each part.

 

(b)  The purpose of the organizational chart shall be to provide a baseline depiction of the agency organizational structure and reporting relationships in relation to the statutory functions which comprise the agency's mission.

 

(c)  In order to communicate changes in organizational structure which affect the classification of positions, an appointing authority shall update and submit to the director organizational charts that conform with the requirements of Per 301.05(a)(4) and this section, and that describe the reporting relationships of all affected positions in the agency.

 

(d)  The organizational charts required under Per 302.01(a) and (c) shall follow the structure established under RSA 21-G, to the extent that the agency is required to be organized according to that structure, and, if not so required, in a manner consistent with statutes prescribing the agency’s organization, so as to arrange the agency into standardized organizational units in descending order of size.

 

(e)  In addition to identifying the overall organizational structure and reporting relationship of agency positions, the chart shall specify the class title and position number of each position in the agency, including all full-time, part-time, permanent and temporary positions.

 

(f)  If any service, duty, or requirement is established by statute, the chart shall cite the appropriate statutory reference.

 

(g)  The organizational chart shall indicate the date the chart was developed and last revised, and shall list the department, division, bureau, section or subsection of the agency which the chart represents.

 

(h) An updated organizational chart shall be submitted to the director for approval prior to implementing any change in reporting relationship or organizational structure.

 

(i)  The updated organizational chart shall be used by the director, or his or her designee, to review changes in assigned job responsibilities in order to accurately classify positions in accordance with the provisions of this chapter.

 

(j)  An appointing authority shall not make any permanent transfer of positions from one department, division, bureau, section, or subsection to another without first notifying the director.

 

(k)  Prior to making any transfer or reassignment of positions, the appointing authority shall state in writing to the director:

 

(1)  Which positions are affected by the proposed transfer or reassignment;

 

(2)  The reasons for the proposed change; and

 

(3)  That the transfer or reassignment is related to job functions and does not have as its basis a punitive intent.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

PART Per 303  REALLOCATION OR RECLASSIFICATION OF FULL-TIME POSITIONS

 

Per 303.01  Allocation of Classified Positions.

 

          (a)  If the director, under the authority of RSA 21-I:42, II and III determines that a position in the classified service might be improperly allocated or classified, the director shall initiate a position review.

 

          (b)  When initiating a position review for purposes of determining if a position might be improperly allocated or classified, the director shall consider factors such as, but not limited to:

 

(1) The effect of one classification on another;

 

(2)  The amount of time elapsed since the most recent position review;

 

(3)  Difficulties in recruiting for the position;

 

(4)  Changes in the law affecting the position or the agency in which the position is located;

 

(5)  Changes in collective bargaining agreements;

 

(6)  Changes in technology or systems; or

 

(7) Similar conditions that require review and possible amendment or adjustment of the classification plan over time.

 

(c)  If requested by the director, an appointing authority shall comply with the requirements for submission of a completed request as provided in Per 303.02(a).

 

(d)  If an appointing authority fails to comply with a request for submission of a completed request as provided in Per 303.02(a), the director shall initiate a position review to determine the appropriate allocation and class of the position(s) in question.

 

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 303.02  Completed Request.

 

          (a)  Either an appointing authority or full-time employee may submit a request for reallocation or reclassification of a full-time position by submitting the following information to the director:

 

(1)  A narrative memorandum identifying:

 

a.  The agency code, consisting of the number assigned by the department of administrative services to identify particular state agencies, the class title and the position number of the position to be reviewed by the director;

 

b. A thorough explanation of the reason or reasons for the request, including what precipitated the permanent change in the duties of the position to necessitate the review;

 

c.  A recommendation for change in the classification or allocation of the position;

 

d.  If the request is submitted by the appointing authority a statement identifying:

 

1.  The approximate cost; and

 

2.  The funding source for the request; and

 

e.  If the request is submitted by the employee, a statement identifying:

 

1.  The date, if any, that the employee's initial request for position review was made to the appointing authority; and

 

2.  The appointing authority’s response to the request, if any;

 

(2)  The employee's current, approved supplemental job description;

 

(3)  The proposed supplemental job description which has been annotated to reflect any changes in job responsibilities under Per 301.03 (j) (1);

 

(4)  A current organizational chart identifying the position in relation to the current structure of the agency;

 

(5)  A proposed organizational chart which includes an explanation of how the change in reporting relationship, if any, is related to the agency's goals, objectives and structure; and

 

(6)  A position classification questionnaire indicating the change or changes in the employee's duties which require a reallocation or reclassification of the position from one classification to another, or the development of a new classification to match the duties of the position.

 

          (b)  The rising cost of living or other changes in economic conditions shall not be the basis for a request for reallocation or reclassification.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

          Per 303.03  Incomplete Request.  A request for review of a position shall not be deemed received by the division until the request is complete and contains all items specified in Per 303.02. The director or his or her designee shall specify which items are missing from any incomplete request which is returned to the agency or the employee.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

          Per 303.04  Response of Director.

 

          (a)  The director or his or her designee shall respond to a request for reallocation or reclassification in writing stating whether or not he or she agrees with the recommendation made in the request by the appointing authority or employee.

 

          (b)  If the director recommends reallocation or reclassification of a position, the director shall submit a position profile request to implement the change in allocation or classification.

 

          (c)  The effective date of the change in position allocation or classification shall be the first day of the pay period immediately following the written response made by the director under Per 303.04(a).

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

          Per 303.05  Responsibility of Appointing Authority.

 

          (a)  Upon receipt of the director's decision to reallocate or reclassify a position or positions, the appointing authority shall either:

 

(1)  Submit a personnel action request or requests as described in Per 603.01 implementing the incumbent's or incumbents’ change in compensation as required under Per 303.06; or

 

(2)  If governor and council approval of the reclassification or reallocation of the position or positions is required pursuant to RSA 21-I:54, submit:

 

a.  A personnel action request or requests as described in (1); and

 

b.  A copy of the minutes of the governor and council meeting showing such approval.

 

          (b)  For any change accomplished under paragraph (a), the effective date of the change in compensation shall be the first day of the pay period immediately following the written response made by the director under Per 303.04(a).

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

Per 303.06  Adjustments Due to Reallocation or Reclassification.

 

(a)  If the director reallocates or reclassifies a position into a class with a higher salary grade because of a documented change in the position's job function, the incumbent's salary shall be increased to the lowest level in the new class which shall provide an increase equaling at least one annual increment in the former class.

 

(b)  If the director reallocates or reclassifies a position into a class with a lower salary grade, the incumbent's salary shall be adjusted as follows:

 

(1)  The incumbent's salary shall not be reduced for a period of 2 years;

 

(2)  If the incumbent was not at the maximum step, the incumbent shall be eligible for annual step increases at the former grade that do not exceed the maximum of the new grade, provided such increases are documented by performance evaluations;

 

(3) After a period of 2 years, the appointing authority shall adjust the incumbent's salary downward by assigning the step in the lower salary grade in accordance with Per 901.07 (a); and

 

(4)  When the incumbent leaves the position, the appointing authority shall post the vacancy at the adjusted salary level set for the position and not at the level assigned to the employee who held the position prior to reallocation or reclassification.

 

(c)  When a position is reallocated or reclassified, or the position's class specification is revised, the minimum qualifications required shall not impose any new or additional education or experience requirements upon the incumbent or incumbents unless these minimum qualifications are required by law.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 303.07  Request for Temporary Reallocation or Reclassification.

 

          (a)  An appointing authority may request temporary reallocation or reclassification of a position when a job assignment of limited duration affecting more than 10 percent of the total working time has been delegated to the position.

 

          (b)  A request for temporary reallocation or reclassification shall include the following information:

 

(1)  A current approved supplemental job description and a proposed supplemental job description detailing specific job accountabilities to be performed;

 

(2)  An organizational chart showing the reporting structure and position performing the temporary job assignment;

 

(3)  An explanation of why the temporary reallocation or reclassification is needed; and

 

(4)  The projected ending date of the temporary job assignment.

 

(c)  The temporary reallocation or reclassification of a position shall not exceed 6 months.

 

(d)  The director shall respond to a request for temporary reallocation or reclassification by taking one of the following actions:

 

(1)  Approving the proposed supplemental job description at the requested level if the request is in accordance with paragraphs (a) - (c) above and is properly classified; or

 

(2)  Returning the supplemental job description to the appointing authority with an explanation of why the request was not approved if the request is not in accordance with paragraphs (a) - (c) above or is not properly classified.

 

          (e)  If the request for temporary reallocation or reclassification is approved by the director, the appointing authority shall submit a personnel action request to implement the change in the incumbent's compensation as required under Per 303.05.

 

(f)  The incumbent shall be required to meet the minimum qualifications stated on the specification for the new class title.

 

(g)  At the end of 6 months, one or both of the following actions shall take place:

 

(1)  The appointing authority shall adjust the incumbent's salary to the rate of the original classification by assigning the new step in accordance with Per 901.09 (e); and

 

(2)  If the original change in job assignment initiating the request for temporary reallocation or reclassification is still in effect, the appointing authority shall submit a completed request for reallocation or reclassification under Per 303.02.

 

Source.  See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

PART Per 304  DIRECTOR'S DECISION

 

Per 304.01  Director's Decision Pursuant to Per 303.01.

 

(a)  If the appointing authority or the employee is not satisfied with the director's decision concerning the allocation or classification of a position, the appointing authority or the employee may, pursuant to RSA 21-I:57, within 15 calendar days of the date of the director's letter transmitting that decision:

 

(1)  File a written request for reconsideration with the director; or

 

(2)  File an appeal with the board.

 

(b)  The request for reconsideration shall specify why a reconsideration is necessary by identifying only those facts which the appointing authority or the employee believes were not considered by the director.

 

(c)  The request for reconsideration shall be considered a continuation of the original position allocation review by the director.

 

(d)  If filed, a request for reconsideration shall be completed prior to any further appeal to the board.

 

(e)  If the appointing authority or the employee disagrees with the reconsideration decision of the director, an appeal may be filed with the board pursuant to RSA 21-I:57, within 15 calendar days of the date of the director's decision.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 304.02  Director's Decision Pursuant to Per 303.04 and Per 304.01.  If the appointing authority or the employee is not satisfied with the director's decision, the appointing authority or the employee may file an appeal with the board under RSA 21-I:57 within 15 calendar days of the date of the director's decision or in such other manner as may be allowed by statute.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

CHAPTER Per 400  RECRUITMENT

 

PART Per 401  APPLICATION FOR EMPLOYMENT

 

             Per 401.01  Required Information.  Each applicant for a vacant position shall enter the following information via the state’s human resources management system, http://admin.state.nh.us/jobsearch/Employment.aspx:

 

(a)  Data for contacting the applicant including the applicant's:

 

(1)  Name;

 

(2)  Address;

 

(3)  Home phone number;

 

(4)  Work phone number, if applicable, including the extension, if any; and

 

(5)  Email address, if any.

 

(b)  Data concerning the position for which application is made, which shall include:

 

(1)  The class title of the position;

 

(2)  The agency in which the position is located; and

 

(3)  If known, whether the position or appointment is:

 

a.  Full-time;

 

b.  Part-time;

 

c.  Temporary; or

 

d.  Seasonal;

 

(c)  The county or counties in which the applicant will accept employment;

 

(d)  The type of professional or occupational license, certificate or other form of permission held by the applicant, including the number and expiration date, if the applicant is applying for a position requiring a specific license or certification, together with a photocopy of any such license, certification or other form of permission, unless provision of such copy is otherwise prohibited by law;

 

(e)  Whether the applicant has the legal right to accept employment in the United States;

 

(f)  Whether the applicant is at least 18 years of age, to determine compliance with child labor laws;

 

(g)  Whether the applicant has ever been an employee of the state and, if so, the:

 

(1)  Dates of employment;

 

(2)  Name of the agency;

 

(3)  Title of the position; and

 

(4)  Reason for leaving employment;

 

(h)  Whether the applicant has ever been convicted of a crime that has not been annulled by a court and, if so, the date of the conviction, court in which the conviction is recorded and the offense for which the applicant was convicted;

 

(i)  The applicant's highest level of education which has been completed;

 

(j)  A listing of any specialized courses the applicant has completed which are related to the position and which the applicant wishes to be considered in reviewing the application;

 

(k)  A listing of the applicant’s training and experience in information technology, such as experience with data processing, word processing, spreadsheet design or development and database development or management, including specific software applications or programming languages in which the applicant is proficient;

 

(l)  Any special title or certification achieved through training or examination, such as certification as a public manager or public supervisor, including the name of the title or certification earned, the date that the title or certificate was awarded and the state, agency or organization providing the title or certificate, together with proof of certification or course completion from the issuing entity;

 

(m)  A list of the college, business, trade, or other relevant schools the applicant attended, starting with the most recent, and which shall include the:

 

(1)  Applicant's major field of study; and

 

(2)  Degree the applicant earned;

 

(n)  The applicant's transcripts for all education beyond the high school level, if required for the job;

 

(o)  The applicant's request for veterans’ preference. Proof of veterans’ preference shall be submitted with the application in order to receive veterans’ preference pursuant to Per 501.08;

 

(p)  The applicant's complete experience and work history starting with the applicant's most recent employer, including for each:

 

(1)  The employer's name, address and phone number;

 

(2)  The number of hours worked per week;

 

(3)  The applicant's job title and supervisor's name;

 

(4)  A description of the applicant's duties and responsibilities;

 

(5) Whether the applicant supervised other employees, including assigning work, rejecting unsatisfactory work, and whether the applicant had the right to hire and dismiss;

 

(6)  Beginning and ending dates of employment;

 

(7)  The reason for leaving employment; and

 

(8)  Whether the employer may be contacted;

 

(q)  Applicant's affirmation and certification that:

 

(1)  The information provided in, or attached to, the application is complete and accurate as of the date of the application;

 

(2)  He or she has the legal right to accept employment in this state and will produce, at or before the date of hire, proof of the right to accept employment;

 

(3)  There are no omissions of material fact with respect to any of the answers to the questions presented;

 

(4)  There are no misrepresentations in any statements made in the application;

 

(5)  The applicant understands that the application will be rejected should any misrepresentations or material omissions be discovered in the application or in the supporting documentation;

 

(6) The applicant understands that if the applicant has attained employment and any misrepresentation or material omission is discovered, his or her employment may be immediately terminated; and

 

(7)  The applicant has read and agrees to the certification statement;

 

(r)  The applicant's electronic signature; and

 

(s)  The date the application was signed.

 

Source.  (See Revision Notes at chapter heading for Per 100) 8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

PART Per 402  POSTING REQUIREMENTS

 

Per 402.01  Posting Within the State.

 

(a)  Whenever a vacancy is to be filled the appointing authority shall:

 

(1)  Post the position in-house within the executive branch via the state’s human resource management system for a period of not less than 5 working days; and

 

(2)  Include the following as part of the in-house posting notice:

 

a.  The approved supplemental job description;

 

b.  A copy of the class specification for the vacant position;

 

c.  Whether a state examination is required;

 

d.  The closing date for applying; and

 

e.  The name, telephone number and e-mail address of an agency representative to contact for further information.

 

          (b)  The purpose for posting the position in-house for a period of 5 working days shall be to allow executive branch employees to apply for a vacant position. The in-house posting shall be accessible to all executive branch employees and all vacancy notices shall always be posted in the same designated place or places.

 

(c)  If the vacancy requires an examination, the applicable examination rules under Per 500 shall be followed.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

PART Per 403  REGISTER OF ELIGIBLE CANDIDATES - RESERVED

 

Per 403.01  Reserved

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; rpld by #10817, eff 5-17-15

 

        Per 403.02  Reserved

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; rpld by #10817, eff 5-17-15

 

        Per 403.03  Reserved

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; rpld by #10817, eff 5-17-15

 

Per 403.04  Reserved

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; rpld by #10817, eff 5-17-15

 

PART Per 404  ANNOUNCEMENT OF VACANCY

 

Per 404.01  Public Announcement.

 

(a)  When an appointing authority determines that a vacant position shall be filled and the appointing authority has complied with the requirements of Per 402, the appointing authority may request that the director authorize external recruitment for the vacant position.

 

(b)  The director, in cooperation with the appointing authority, shall post announcements of vacant positions for a period of time sufficiently in advance of the closing date specified in the announcement to allow for receipt of applications by the date stated in the announcement.

 

(c)  Classified advertisements shall be utilized when they provide the most efficient method of announcing vacant positions. If print or electronic media are used, the contents of the announcement in Per 404.02 shall only be abbreviated upon approval by the director or his or her designee.

 

(d)  Requests for abbreviation of the contents of the announcement under paragraph (c) shall be granted if the director or his or her designee determines that such abbreviation is either:

 

(1)  Necessary in order to avoid a detrimental impact on the ability to recruit candidates;

 

(2)  Necessary in view of the agency’s budgetary constraints; or

 

(3)  Necessary in order to comply with publication requirements of the entity that will be carrying the announcement.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

        Per 404.02  Contents of Announcement.  The announcement shall provide the following information:

 

(a)  The class title of the vacant position;

 

(b)  A summary of the scope of work based upon the supplemental job description required by Per 301.03;

 

(c)  The salary range;

 

(d)  The closing date for applying, if applicable;

 

(e)  Other specific information designed to recruit qualified applicants, including any limitations of eligibility that are not discriminatory under the law, including but not limited to:

 

(1)  Gender;

 

(2)  Age; and

 

(3)  Physical characteristics;

 

(f)  Any condition of employment which requires the applicant to live on the premises of the place of employment;

 

(g)  Whether an examination is required for the position and the type of examination required;

 

(h)  The means by which a person with a disability can request accommodation for testing;

 

(i)  The duration of the position, such as whether the position is temporary, part-time or full-time;

 

(j) The town, city or other location in which the position is located and any work proximity requirements;

 

(k)  The approved minimum qualifications;

 

(l)  Any requirement for college transcripts, if applicable;

 

(m)  Where to obtain and submit applications;

 

(n)  The name, telephone number and e-mail address of an agency representative to contact for further information; and

 

        (o)  A statement describing any requirement that the employee pay an agency fee that is identified as a percentage of costs attributable to collective bargaining.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06 ss by #10817, eff 5-17-15

PART Per 405  CERTIFICATION

 

Per 405.01  Certification Review Process.

 

(a)  The director or his or her designee shall review all applications for employment filed under Per 401 and certify in writing to the appointing authority whether the applicants meet the minimum educational, experience, and examination requirements which are stated in the class specification and/or supplemental job description required by Per 301.03.

 

(b)  In conducting the review under paragraph (a), the director or his or her designee shall consider all criteria bearing upon whether a particular applicant meets the requirements specified, including but not limited to:

 

(1)  The applicant's stated education, and whether that education and the applicant's academic credits fulfill the educational requirement as stated in the specification and the supplemental job description;

 

(2)  The applicant's stated work experience and whether that experience fulfills the requirements stated in the specification and the supplemental job description; and

 

(3)  Any requirements for the equivalent substitution of education and experience, such as whether the applicant’s education may be substituted for experience or whether the applicant’s experience may be substituted for education.

 

Source.  (See Revision Notes at chapter heading for Per 100) by #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 405.02  Disqualification of Applicants or Candidates.

 

(a)  The director or his or her designee shall refuse to certify an applicant, or shall disqualify a candidate, for any one or more of the following reasons:

 

(1)  Based upon the review conducted under Per 405.01, it is determined that the applicant or candidate lacks any of the requirements for the position for which the application is made;

 

(2)  The applicant or candidate has made a false statement, misrepresentation or material omission of fact in the application;

 

(3)  The applicant or candidate has used or attempted to use bribery or threats to secure an advantage in the certification review process;

 

(4)  The applicant or candidate has failed to submit a completed application within the prescribed time limits, unless precluded from completing the application due to circumstances beyond the applicant’s or candidate’s control, such as hospitalization, death in the family, natural disaster, failure of state electronic systems, or similar reason outside the control of the applicant or candidate;

 

(5)  The applicant or candidate advocates the overthrow of the government by unconstitutional or violent means;

 

(6)  The applicant or candidate does not have a legal right to accept employment in the United States;

 

(7)  The minimum qualifications for the class have been revised and the applicant or candidate can no longer be certified; or

 

(8)  The applicant or candidate has a criminal conviction which has not been annulled or expunged and which is related to duties and responsibilities which the individual may undertake if hired for the position.

 

(b)  The director or his or her designee shall provide the applicant or candidate with a written notice stating the grounds for disqualification.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

CHAPTER Per 500  EXAMINATIONS

 

PART Per 501  EXAMINATION PROCEDURES

 

Per 501.01  Types of Examinations.  When a class title requires an examination, the type of examination used shall be either a written examination or a structured interview based on the following criteria:

 

          (a)  The examination method shall be a structured interview when an appointing authority is seeking managerial, professional/technical or supervisory administrative candidates, or for other positions upon request by the appointing authority.  Under these conditions, the structured interview shall consist of questions developed to determine knowledge, skills, abilities and personal characteristics necessary to successful job performance.

 

(b)  The examination method shall consist of a written examination when recruitment results in more candidates than can practically be rated under paragraph (a).

 

(c)  In addition to the requirements of paragraphs (a) and (b), special examinations including, but not limited to, physical aptitude or clerical performance, shall be administered as required by the specification for an individual class title.

 

(d)  The examination or structured interview questions shall be the same for all candidates examined or interviewed for the vacant position.

 

(e)  In addition to the foregoing, the appointing authority may utilize additional candidate assessment tools, such as but not limited to role playing, writing samples, reading comprehension tests, and similar assessments subject to paragraph (d) above, and provided such tools are approved in advance by the director.

 

          (f)  For purposes of promoting existing employees, and subject to paragraph (d) above, examinations shall be waived upon request of the appointing authority, provided that the employee was previously examined and achieved a passing score for a lower level position in the same class series.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 501.02  Admission to Examination.

 

(a)  Each candidate whose application has been accepted as the result of open competitive recruitment for a specific examination class title shall be notified by the division by telephone, mail or e-mail of the date, time and place of the examination.

 

(b)  No person shall be permitted to take any examination without such authorization or other written evidence of acceptance of the candidate's application signed by the director or his or her designee.

 

(c)  A candidate shall present a photographic driver's license or other photographic proof of identity to the monitor before being permitted to participate in the examination.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 501.03  Character of Examinations.

 

(a)  Examinations for entrance to the state classified service shall be conducted on an open competitive basis and shall be rated impartially.

 

(b)  Examinations shall be practical in nature and constructed to measure:

 

(1) The capacity of the candidate for the particular class title for which the candidate is competing; and

 

(2)  The candidate's educational and employment background and related knowledge.

 

(c)  The director shall use only methods which are calculated to determine the fitness of a candidate to perform the duties of the class title for which the examination is held.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 501.04  Accommodations for Candidates with Disabilities.  Upon request, and as required by applicable state or federal law, the director shall provide alternative testing accommodations for a candidate with a disability including, but not limited to, reading an examination to the candidate.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 501.05  Conduct of Examinations.  The director shall provide for examinations in various parts of the state by performing the following functions:

 

(a)  Designating monitors to take charge locally of examinations; and

 

(b)  Making arrangements to conduct examinations in public buildings which shall be accessible to candidates with disabilities in compliance with the state code for barrier-free design.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 501.06  Structured Interviews.

 

(a)  When a structured interview forms a part of the total review for a position, the director or his or her designee shall appoint a structured interview board in accordance with the following:

 

(1)  A structured interview board shall consist of at least 3 interview panel members who are not related to the candidate; and

 

(2)  At least one interview board member shall be technically familiar with the character of work in the position for which interviews are being conducted.

 

(b)  All candidates for a particular vacancy who qualify for a structured interview shall be rated by the same structured interview board unless to do so would not be possible due to the illness, absence or unavailability of one or more members of the structured interview board, including, but not limited to, unavailability due to a conflict of interest or conflict in scheduling.

 

(c)  A member of a structured interview board shall rate the candidate solely on the basis of the candidate's responses to standardized job-related questions asked within the structure of the interview and not on any prior personal knowledge the member has of the candidate.

 

(d)  Candidates for each position requiring a structured interview shall be examined in a uniform manner.

 

(e)  Questions asked of candidates under paragraph (d) above shall be:

 

(1)  Developed or selected by interview members from a core group of recommended questions maintained by the division or developed by the agency for the class title; and

 

(2)  Consistent with and relevant to the class title for which the examination is administered.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

Per 501.07  Rating of Examinations.

 

(a)  The director or his or her designee shall determine the passing earned rating through which a candidate’s eligibility for employment is achieved based upon the requirements of the position and the candidate’s scores on the various parts of the examination.  All applicants for the same class title shall receive uniform and equal treatment in all phases of the examination procedure.

 

(b)  Disqualification in one phase of an examination shall:

 

(1)  Result in disqualification from the entire examination; and

 

(2)  Preclude the candidate from participating in subsequent phases of the examination process.

 

(c) A candidate who has not qualified in an examination shall not be allowed to participate in the same examination for 15 days from the date of examination administration or review, whichever is later.

 

(d)  After the passage of 15 days, and not before, the candidate may be reexamined, provided that the candidate responds to:

 

(1)  An in-house posting for the same class title; or

 

(2)  An open-competitive opportunity announcement for the same class title.

 

(e)  A passing earned rating achieved by a candidate who is a current full-time state employee shall be considered valid for 5 years or the duration of employment, whichever is longer, unless the examination for the class title changes in that time.

 

(f)  A passing earned rating achieved by a candidate who is not a current state employee shall be valid for a period of 5 years unless the examination for the class title changes in that time.

 

Source.  (See Revision Notes at chapter heading for Per 100) by #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 501.08  Veterans’ Preference.

 

(a)  To qualify for veterans’ preference, the candidate shall submit to the division an official record, or official records, from the department or branch in which the person served, or from the United States Department of Veterans Affairs, demonstrating that the veteran:

 

(1)  Has served not less than 90 days in the armed forces of the United States during a period of war, as defined by Per 701.02; and

 

(2)  Has been either:

 

a.  Honorably discharged or medically discharged under honorable circumstances from such service; or

 

b.  Released from active duty but not yet discharged from the service.

 

(b)  A candidate shall have 5 points added to any passing earned rating achieved in an examination for entrance to state classified service if the candidate is:

 

(1)  A qualifying veteran;

 

(2)  A spouse of a qualifying totally disabled veteran; or

 

(3)  A qualifying surviving spouse of a qualifying veteran.

 

(c)  A candidate shall have 10 points added to any passing earned rating achieved in an examination for entrance to state classified service if the candidate is:

 

(1)  A qualifying veteran with a service-connected disability rated by the Department of Veterans Affairs at 10 percent or more; or

 

(2)  A qualifying spouse of a deceased qualifying veteran.

 

(d)  A qualifying disabled veteran, spouse of a qualifying disabled veteran, or surviving spouse of a veteran shall submit proof of service-connected disability or service-connected death certified by the United States Department of Veterans Affairs.

 

(e)  Proof of eligibility for veterans’ preference shall be included with the application for employment in the form of an original, certified, photostatic, or other true copy of the veteran's discharge, separation or other papers establishing the required honorable service or release from active duty.  All documents submitted to establish proof of service or disability shall, upon request, be returned to the candidate.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 501.09  Notice of Written Examination Results.

 

(a)  Each candidate shall be notified by the division in person, by mail or by e-mail, of a final earned rating as soon as the rating of the written examination has been completed.

 

(b)  A candidate may review the results of a graded examination, provided that:

 

(1)  The candidate makes an appointment with examination section personnel within 15 days of the date of notification of examination results by the division; and

 

(2)  No notes or excerpts of examination material are taken by the candidate.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

CHAPTER Per 600  SELECTION

 

PART Per 601  TYPE OF APPOINTMENT

 

Per 601.01  Temporary Appointment.

 

(a)  The appointing authority shall make temporary appointments only with respect to temporary positions which have been classified by the director according to the requirements of Per 301.05.

 

(b) When the temporary appointment is made to a position which requires an examination, the appointing authority shall give consideration to all eligible candidates on the appropriate register, if any.

 

(c)  An appointing authority shall designate a specified end date for the temporary appointment which shall be no longer than one year in duration.

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 601.02  Emergency Appointment.

 

(a)  An appointing authority may appoint one or more persons to be employed immediately, without being required to comply with the recruitment procedures required under Per 402-404 when, due to an emergency, such appointment is necessary in order to either:

 

(1)  Prevent the loss of public property; or

 

(2)  Avoid the disruption of services provided by the agency to the public or to any other agency.

 

(b)  The emergency appointment shall be limited to the duration of the emergency as stated under paragraph (a).

 

          (c)  Within 24 hours, the appointing authority shall report any emergency appointment to the director by submitting a personnel action request which provides the following information:

 

(1)  Name of appointee;

 

(2)  Rate of pay;

 

(3)  Probable length of employment;

 

(4)  Nature of emergency; and

 

(5)  Nature of duties performed.

 

          (d)  When the condition or conditions described under paragraph (a) are no longer in effect and the appointing authority determines that there is no continuing need for the emergency appointment, the appointing authority shall also submit a personnel action request, as described in Per 603.01, to report each emergency employee's separation from state service to the director.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

Per 601.03  Seasonal Appointment.

 

(a)  In accordance with RSA 98-A: 3, an appointing authority shall designate as seasonal those positions which can reasonably be anticipated as likely to recur each year for a period of 6 months or more, not necessarily consecutively, in any 12 month period.

 

(b)  When the seasonal appointment is to a position which requires a written examination, the appointing authority shall consider eligible candidates on the appropriate register, if any.

 

(c)  If candidates for seasonal appointments are not available from any applicable registers, the director shall certify other applicants, provided that each applicant meets the minimum qualifications of the position for which the application is filed.

 

(d)  Pursuant to RSA 98-A:3, a person appointed to a position under a seasonal or a temporary appointment who works the equivalent of 6 months or more, not necessarily consecutively, in any 12 month period in that position shall be determined to be either a permanent temporary employee or a permanent seasonal employee.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 601.04  Exceptional Appointment.

 

(a)  If there is a vacant position to be filled where exceptional scientific, professional or educational areas of expertise are required and described on the supplemental job description, the appointing authority may request approval from the director to fill the vacancy without following the recruitment procedures required under Per 402-404, provided that:

 

(1)  The appointing authority provides evidence to the director which demonstrates that competitive recruitment is impractical under the circumstances presented; and

 

(2)  The appointee possesses the specialized area or areas of expertise described under Per 601.04(a).

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 601.05  Temporary Fill-in Appointment.

 

(a)  An appointing authority may make a temporary fill-in appointment to a position for a duration of not more than 90 days when the appointment will be of temporary duration because:

 

(1)  The permanent incumbent of the position is on sick leave or military leave without pay;

 

(2)  The permanent incumbent of the position is on extended leave without pay; or

 

(3)  The position is vacant and under recruitment.

 

(b)  Prior to appointment, the temporary fill-in employee shall be required to meet the minimum qualifications for the fill-in appointment pursuant to Per 405.01.

 

(c)  If the appointing authority believes that it is necessary to extend the temporary fill-in appointment beyond 90 days based upon a continuation of the condition giving rise to the appointment, the appointing authority shall seek an extension of the temporary fill-in appointment from the director in writing.

 

(d)  If the conditions set forth in (a)(1) – (3) above continue to exist at the end of 90 days, the director shall grant an additional 90 day extension.

 

(e)  Persons appointed as temporary fill-in employees, regardless of the number of hours worked per week, shall not be entitled to:

 

(1)  Receive health or dental benefits;

 

(2)  Participate in the state retirement system; or

 

(3)  Accrue annual leave, sick leave, bonus leave, or floating holidays.

 

(f)  Notwithstanding paragraph (d), employees meeting the requirements of RSA 98-A shall receive the benefits specified therein.

 

(g)  If the permanent incumbent of the position does not return to work due to medical or personal reasons, the position shall be posted in-house pursuant to Per 402.01.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 601.06  Permanent Full-Time Appointment.  Appointments, unless otherwise specified, shall be permanent but subject to Per 601.07.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 601.07  Probationary Appointment.

 

(a)  The probationary period shall be considered an integral part of the process of appointment for full-time employees.

 

(b)  The purpose of the probationary period shall be to afford the appointing authority an opportunity to:

 

(1)  Observe and counsel the new employee regarding his or her conduct or work;

 

(2)  Train and aid the new employee in adjustment to the position; and

 

(3)  Remove an employee if the employee's conduct or work performance fails to meet required work standards.

 

(c)  All new hires, rehires, promotions and transfers shall be tentative and, except in the case of seasonal appointments, shall be subject to a probationary period of 12 months. Any interruption of service during the probationary period shall not be counted toward accumulation of required time of the probationary period unless otherwise required by law.

 

(d)  A full-time employee who voluntarily transfers to any vacancy prior to the completion of the probationary period shall be required to begin a new probationary period.

 

(e)  At any time during the probationary period, pursuant to Per 1002, an appointing authority may:

 

(1)  Dismiss an employee serving an initial probationary period pursuant to Per 1002.02; or

 

(2)  Dismiss an employee serving a promotional probationary period pursuant to Per 1002.04 to Per 1002.08.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

PART Per 602  FILLING EXISTING VACANCIES

 

Per 602.01  Transfer of an Employee Within an Agency.

 

(a)  Upon written notice to the director, the appointing authority may fill any vacancy with the transfer of an agency employee from any position within the same class title to a vacant position with the same class title.

 

(b)  The appointing authority may determine when it is in the best interest of the agency to transfer employees.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 602.02  Recall or Reemployment of Employees Laid Off from an Agency or Demoted in Lieu of Layoff Within an Agency.

 

(a)  Prior to posting a notice of internal or external recruiting for any position within the executive branch, an appointing authority shall attempt to fill that vacancy by recall or reemployment of an employee laid off from the agency, or with an employee demoted in lieu of layoff within the agency.

 

(b)  The period of eligibility for recall or reemployment shall be limited to the 3 years immediately following the effective date of an employee’s layoff or an employee’s demotion in lieu of layoff.

 

(c)  Recall or reemployment shall be conducted in accordance with the provisions of Per 1101.06 or Per 1101.07.

 

Source.  #10817, eff 5-17-15

 

Per 602.03  Filling Vacancies Within an Agency.

 

(a)  Whenever possible, selection by the appointing authority to fill a vacancy shall be:

 

(1)  Made from within the executive branch; and

 

(2)  Based upon the employee's:

 

a.  Possession of the knowledge, skills, abilities, qualifications and personal characteristics listed on the class specification and supplemental job description for the vacant position;

 

b. Capacity for the vacant position as evidenced by documented past performance appraisals; and

 

c.  Combination of skills, training, experience, work history, work performance or other similar skills or performance characteristics.

 

(b)  An employee shall participate in, and attain a passing earned rating on, an examination prior to:

 

(1)  Being selected to fill a vacancy in a class title requiring an examination; or

 

(2)  Being reassigned to a position with a different class title requiring an examination.

 

          (c)  Candidates may be denied selection if, in the opinion of the appointing authority, they are deemed to lack the skills, training, experience, work history, work performance or other similar skills or performance characteristics, or personal or professional qualifications for appointment to the position.

 

(d)  If an employee is not selected after applying for a posted position, the appointing authority shall notify the employee in writing and shall state the reason or reasons why the employee was not selected.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15 (from Per 602.02)

 

          Per 602.04  Filling Vacancies by Open Recruitment.  When a vacancy is not filled by selecting an employee within the executive branch, the appointing authority shall notify the director of its intent to commence external recruitment pursuant to Per 404. 

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15 (from Per 602.03)

 

PART Per 603  INFORMATION REQUIRED FOR APPOINTMENT

 

Per 603.01  Personnel Action Requests.

 

          (a)  In order to appoint an employee to a position in accordance with the provisions of Per 600, an appointing authority shall complete and submit to the director, at least 5 work days prior to the effective date, a fully executed personnel action request in the human resources management system.

 

(b)  In addition to using the human resources management system to appoint new employees, the appointing authority shall submit updated personnel action requests to accomplish any one of the following personnel transactions:

 

(1)  Rehire of a former employee;

 

(2)  Reinstatement of an employee subsequent to appeal, if so ordered by the board or a court;

 

(3)  Promotion or demotion;

 

(4)  Lateral assignment within the same agency;

 

(5)  Transfer of an employee to another agency;

 

(6)  Step increment, provided the employee receives a satisfactory performance evaluation as required under Per 801;

 

(7)  Leave of absence with or without pay, including the following:

 

a.  Medical leave;

 

b.  Workers' compensation;

 

c.  Personal leave;

 

d.  Educational leave;

 

e.  Civil leave;

 

f.  Administrative leave;

 

g.  Military leave; or

 

h.  Suspension;

 

(8)  Return from leave of absence without pay;

 

(9)  Change in compensation due to reallocation of the position occupied by an employee;

 

(10)  Any miscellaneous change correcting the information in a personnel action request;

 

(11)  Inactivating or deactivating a seasonal or academic employee;

 

(12)  Negotiated salary increase;

 

(13)  Termination pending payments or separation without pay; and

 

(14)  Health benefit eligibility.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

Per 603.02  Employment Eligibility Verification Form I-9.  For each new appointment, an appointing authority shall file with the director a completed, original Employment Eligibility Verification Form I-9 to comply with the federal immigration reporting requirements mandated by the U.S. Department of Justice.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 603.03  Application For Employment.

 

(a)  The appointing authority shall attach a completed application for employment, certified pursuant to Per 405, to the personnel action request submitted to the director in order to accomplish any one of the following personnel transactions:

 

(1)  Appointment of a new employee into the classified system;

 

(2)  Rehire of a former employee;

 

(3)  Other than promotion from trainee status, promotion into a class title different from the class title currently held by the employee;

 

(4)  Transfer of an employee into a class title different from the class title currently held by the employee; and

 

(5)  Demotion of an employee into a class title different from the class series in which the employee's position is currently classified.

 

(b)  Prior to approving the personnel action request, each application for employment shall be reviewed by the director or his or her designee to determine whether the applicant meets the current minimum qualifications of the class for which application is made.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

CHAPTER Per 700  SENIORITY

 

PART Per 701  DETERMINING AMOUNT OF SENIORITY

 

Per 701.01  Seniority Based on Full-time Employment.

 

(a)  Seniority shall be based on the length of continuous full-time employment with the state from the most recent date of hire in a full-time classified position.

 

(b)  Full-time employment shall be calculated on the basis of years, months, and days of service, except that any days, months, or years of leave without pay for personal, disciplinary or educational purposes shall not be counted toward seniority.

 

(c)  The length of seniority calculated under paragraph (b) shall include adjustments for prior military service as provided under Per 701.02 and Per 701.03, except that any permanent employee who voluntarily leaves state service shall not be entitled to receive an additional seniority adjustment for the same prior military service upon rehire.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 701.02  Seniority Adjustments Due to Prior Military Service.

 

(a)  A permanent employee shall be granted seniority credit for each full month of verified service during a period of war or armed conflict as defined by Per 701.02(b), as a result of a draft, enlistment period, or federalization in the armed forces of the United States, to a maximum of 12 months, provided:

 

(1)  The employee has been honorably discharged or medically discharged under honorable circumstances; and

 

(2)  The employee has filed proof of entitlement for adjustment due to prior military service with the director.

 

(b)  To claim eligibility for seniority adjustment due to prior military service, the employee shall provide proof of active military service during a draft, enlistment period, or federalization in the armed forces of the United States for the following eligibility dates:

 

(1)  World War II between December 7, 1941 and December 31, 1946;

 

(2)  Korean Conflict between June 25, 1950 and January 31, 1955;

 

(3)  Vietnam Conflict between July 1, 1958 and December 22, 1961, if the employee earned the Vietnam service medal or the armed forces expeditionary medal;

 

(4)  Vietnam Conflict between December 22, 1961 and May 7, 1975;

 

(5)  Persian Gulf War between August 2, 1990 and the date thereafter prescribed by presidential proclamation or by law; or

 

(6)  Any other war or armed conflict that has occurred since May 8, 1975, and in which the employee earned an armed forces expeditionary medal or theater of operations service medal.

 

(c)  Any permanent employee who was previously granted an adjustment of seniority due to prior military service and who voluntarily leaves state service shall not be granted an additional adjustment for the same prior military service upon rehire.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 701.03  Seniority and Military Leave Without Pay.

 

(a)  In accordance with federal law and as required by Per 1207.03(a), a full-time probationary employee shall be released from work when called to active military duty.

 

(b)  When a probationary employee is called to active military duty as set forth in (a):

 

(1)  The probationary employee shall be placed on leave of absence without pay during the period of active military duty if the probationary employee exhausts all military leave under Per 1207;

 

(2)  The seniority date for the probationary employee shall remain the same regardless of whether or not the employee is on leave without pay; and

 

(3)  Upon completion of active duty, if the employee returns to state classified service, the employee shall work the required balance of time remaining in the probationary period in order to attain permanent status.

 

(c)  A permanent employee who is called to active military duty, who has exhausted all military leave under Per 1207, and who is not in an otherwise paid leave status, shall:

 

(1)  Be placed in a leave without pay status for the duration of the military duty; and

 

(2)  Retain the original seniority date throughout the military leave of absence, even though the employee is on leave without pay status.

 

(d)  Under the federal Uniformed Services Employment and Reemployment Rights Act of 1994, any reservist or member of the national guard returning from active duty lasting 5 years or less shall be offered a position comparable to the position vacated to perform the active duty.

 

(e)  To be eligible for reemployment with the state, the returning reservist or member of the national guard shall have:

 

(1) Been employed with the state in a full-time position for which there was no end date established;

 

(2)  Satisfactorily completed the period of active duty and possess a certificate to that effect;

 

(3)  Met the qualifications to perform the duties of the position or, if unable to qualify, met the minimum qualifications of a comparable position; and

 

(4)  Returned to work within one of the following time parameters:

 

a. For military service of less than 31 days, the service member shall return at the beginning of the next regularly scheduled work period on the first full day after release from duty, taking into account safe travel time plus an 8 hour rest period;

 

b.  For military service of more than 30 days but less than 181 days, the service member shall return to work within 14 days of release from duty; and

 

c.  For military service of more than 180 days, the service member shall report for work within 90 days of release from duty.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

CHAPTER Per 800  EMPLOYEE PERFORMANCE EVALUATION

 

PART Per 801  PERFORMANCE EVALUATION PROCESS

 

Per 801.01  Types of Evaluation.  An employee's immediate supervisor shall evaluate the performance of each employee in a full-time classified position by using the following:

 

(a)  A support staff evaluation form which shall be used for evaluating an employee under Per 801.03;

 

(b)  A professional/technical evaluation form which shall be used for evaluating an employee under Per 801.04; or

 

(c)  A management evaluation form which shall be used for evaluating an employee under Per 801.05.

 

Source.  (See Revision Notes at chapter heading for Per 100) by #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 801.02  Minimum Requirements for All Evaluations.

 

(a)  Each evaluation shall measure the employee’s performance in relation to the performance expectations of the position.  At a minimum, these expectations shall include each accountability listed in the employee’s supplemental job description required by Per 301.03(d)(8), which shall be attached to the evaluation.

 

(b)  Each evaluation shall rate the employee's performance as either:

 

(1)  Meeting expectations; or

 

(2)  Falling below expectations.

 

(c)  The employee’s supervisor shall rate an employee’s performance as meets expectations when the employee has met job-related requirements satisfactorily or performed above expectations.

 

(d)  If the employee performs above expectations, the supervisor shall explain in the narrative section reserved for comments:

 

(1)  What additional, unexpected work the employee has performed; and

 

(2)  How this work has contributed to the success of the goals of the agency.

 

(e)  The employee’s supervisor shall rate an employee’s performance below expectations when the employee:

 

(1)  Has not met job-related requirements satisfactorily; and

 

(2)  Is required to make immediate improvement.

 

(f)  In the case of a rating of below expectations, the supervisor shall explain in the narrative section reserved for comments:

 

(1)  What action the employee shall be required to take to improve performance; and

 

(2)  How this action relates to the requirements of the position as stated in the employee’s supplemental job description.

 

(g)  Each evaluation form shall contain the following basic information:

 

(1)  The employee’s name;

 

(2)  The employee’s present position;

 

(3)  The employee’s work area;

 

(4)  The name of the evaluator;

 

(5)  The date of the evaluation;

 

(6)  The time period covered by the evaluation; and

 

(7)  Whether the evaluation is an annual review, an increment review or a review for some other purpose, such as in relation to a corrective action plan.

 

(h)  Each evaluation shall contain an evaluation of the individual categories of performance as specified in Per 801.03 through Per 801.05.

 

(i)  Each evaluation shall contain a section summarizing the overall performance of the employee as either meeting expectations, falling below expectations, or exceeding expectations.  This section shall also contain a narrative summary by the supervisor explaining how the supervisor arrived at the overall performance rating.  If the employee’s performance is rated below expectations, the supervisor shall also include comments and recommendations for the employee’s improvement, unless the employee is a probationary employee being dismissed.

 

(j)  The supervisor shall conduct a meeting with the employee being evaluated to explain the evaluation and shall record the date of the meeting on the form.

 

(k)  The employee shall have the opportunity to comment in writing on the evaluation.  If the employee does not concur with the evaluation’s findings, the employee shall include an explanation of the reasons for non-concurrence.

 

(l)  Each evaluation shall be signed and dated by:

 

(1)  The supervisor who is completing the evaluation;

 

(2) The appointing authority approving the evaluation, if different from the employee’s immediate supervisor; and

 

(3)  The employee being evaluated.

 

(m)  The employee’s signature on the evaluation shall certify only that the evaluation has been read and discussed and that the employee has been notified of his or her opportunity to comment.

 

(n)  If the employee refuses to sign the evaluation after being given the opportunity to do so, the supervisor shall so certify in writing and the evaluation shall be valid for all purposes.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 801.03  Requirements for Support Staff Evaluation.

 

(a)  In addition to the requirements listed in Per 801.02, each supervisor conducting a support staff evaluation shall rate the following performance criteria by checking the appropriate box on the form indicating if the employee meets or falls below expectations:

 

(1)  Attendance, providing in the narrative section for each below expectations rating a description of evidence showing that a repeating pattern of misuse, if any, can be documented by the employee's attendance records;

 

(2)  Quantity of work, as evidenced by completion of assignments on time and identification and request for new assignments;

 

(3)  Quality of work, including the completion or accomplishment of work with a minimum of errors;

 

(4)  Job knowledge, including whether the employee stays current in his or her knowledge on recent developments in information technology;

 

(5)  Communications skills, including demonstrated ability to get along with co-workers and to express job-related information effectively;

 

(6) Dependability, including demonstrated ability to follow internal policy guidelines or directives of the agency and maintain appropriate confidentiality;

 

(7) Cooperation, including demonstrated ability to contribute, adapt to new methods, and perform back-up work for co-workers; and

 

(8) Any select areas related to the position including, but not limited to, the following categories:

 

a.  Initiative, as evidenced by problem-solving and seeking guidance when necessary;

 

b. Safety, as evidenced by observing safety procedures, keeping the work area clear of hazards, and alerting supervisors to potential hazards; and

 

c.  Appearance appropriate to the duties and responsibilities of the position, as determined by the agency, consistent with the approved supplemental job description.

 

(b)  Item (a) (8) c. above shall be rated either “yes” or “no.”

 

(c)  Each supervisor shall also comment on performance by using the narrative section reserved for comments on each of the categories listed in (a) above when the employee is either above or below expectations.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 801.04  Requirements for Professional/Technical Evaluation.

 

(a) In addition to the requirements listed in Per 801.02, each supervisor conducting a professional/technical staff evaluation shall rate the following performance criteria by checking the appropriate box on the form indicating if the employee meets or falls below expectations in the following areas:

 

(1)  Attendance, providing in the narrative section for each below expectations rating a description of evidence showing that a repeating pattern of misuse, if any, can be documented by the employee's attendance records;

 

(2)  Quantity of work, as evidenced by completion of assignments on time and planning and organizing workload efficiently;

 

(3)  Quality of work, including the accomplishment of work with a minimum of errors and demonstrated ability to learn from mistakes;

 

(4)  Job knowledge, including staying current on technical developments and maintaining job-related professional or continuing education requirements for licensure;

 

(5)  Communications skills, including demonstrated ability to get along with co-workers and subordinates and to express job-related information effectively;

 

(6)  Dependability, including demonstrated ability to follow internal policy guidelines or directives of the agency and maintain appropriate confidentiality;

 

(7)  Cooperation, including demonstrated ability to contribute, adapt to new methods, and perform back-up work for co-workers; and

 

(8)  Any select areas related to the position including, but not limited to, the following categories:

 

a.  Initiative, as evidenced by problem-solving, making suggestions for improvements, and seeking guidance when necessary;

 

b.  Safety, as evidenced by observing safety procedures, maintaining equipment, and alerting supervisors to potential hazards;

 

c.  Appearance appropriate to the duties and responsibilities of the position, as determined by the agency, consistent with the approved supplemental job description;

 

d. Leadership, as evidenced by motivating other employees and delegating work effectively; and

 

e. Any specialized performance criteria specified in the employee's supplemental job description.

 

(b)  Item (a) (8) c. above shall be rated either “yes” or “no.”

 

(c)  Each supervisor shall also comment on performance by using the narrative section reserved for comments on each of the categories listed in (a) above.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 801.05  Requirements for Management Evaluation.

 

(a)  In addition to the requirements listed in Per 801.02, each supervisor conducting a management evaluation shall rate the following performance criteria by checking the appropriate box on the form indicating if the employee meets or falls below expectations in the following areas:

 

(1)  Attendance, providing in the narrative section for each below expectations rating a description of evidence showing that a repeating pattern, if any, can be documented by the employee's attendance records;

 

(2)  Communications, including demonstrated ability to:

 

a.  Facilitate effective communications among subordinates, conduct meetings effectively, and interact with other supervisors and managers; and

 

b.  Respond to requests for information, keep others informed, listen to suggestions, and make presentations effectively;

 

(3)  Decision-making, including demonstrated ability to:

 

a.  Recognize and address problems, gather facts and information before making decisions, and seek advice when necessary; and

 

b.  Learn from past experience and apply that knowledge to new situations;

 

(4)  Facilitation of agency functions, including demonstrated ability to:

 

a.  Volunteer information and coordinate assistance to others in and outside the agency; and

 

b.  Support and implement agency policy and procedural changes;

 

(5)  Management of subordinates, including demonstrated ability to:

 

a.  Evaluate subordinates' performance;

 

b.  Plan and organize workloads; and

 

c.  Develop procedures to improve efficiency;

 

(6)  Service contribution, including demonstrated ability to:

 

a.  Develop programs to improve operations; and

 

b.  Control overhead expenses;

 

(7)  Any specialized performance criteria specified in the employee's supplemental job description; and

 

(8)  Appearance appropriate to the duties and responsibilities of the position, as determined by the agency, consistent with the approved supplemental job description.

 

(b)  Item (a) (8) above shall be rated either “yes” or “no.”

 

(c)  Each supervisor shall also comment on performance by using the narrative section reserved for comments on each of the categories listed in (a) above.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 801.06  Frequency of Evaluation.

 

(a)  Each appointing authority shall be responsible for conducting at least one evaluation per year for each full-time classified employee pursuant to RSA 21-I: 42, XIII.

 

(b)  An appointing authority shall be responsible to conduct more frequent evaluations for reasons including, but not limited to, the following:

 

(1)  Evaluating an employee's response to any comments on a previous evaluation stating that the employee needs improvement; and

 

(2)  Evaluating the performance of employees on special assignments.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

CHAPTER Per 900  COMPENSATION

 

PART Per 901  STEPS WITHIN SALARY GRADE

 

Per 901.01  Assignment of Steps Within a Salary Grade.  An appointing authority shall assign a step within each salary grade established by RSA 99 in accordance with the requirements of this part.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 901.02  Beginning Salary.

 

(a)  For original appointments, the appointing authority shall set the beginning salary at the minimum step established for the class, unless the director or his or her designee, at the request of the appointing authority, determines that difficulties in recruitment necessitate placement at a higher step than the minimum.

 

(b)  The director shall determine when the beginning salary above the minimum step is authorized due to difficulties in recruitment, based upon factors such as:

 

(1)  The length of time the position has been vacant;

 

(2)  The length of time the position has been in active recruitment;

 

(3)  The number of applications received;

 

(4)  The number of applicants meeting the certification requirements of Per 405;

 

(5)  The proposed labor grade, step and annual salary;

 

(6)  A written statement by the appointing authority setting forth the appointing authority’s reasons for requesting a starting salary above the minimum step;

 

(7)  A written statement by the appointing authority setting forth the current employment and salary history of the applicant, or if currently unemployed, the past salary history of the applicant that the appointing authority believes justifies placement above the minimum step established for the class; and

 

(8)  A statement by the appointing authority setting forth the specific skills, background and experience of the applicant that justifies a placement above the minimum step.

 

Source.  (See Revision Note at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 901.03  Salary Increments.

 

(a)  Upon the recommendation of the appointing authority, the director shall process salary increments for all classified employees within their established range of pay, provided satisfactory work performance is documented by the annual performance evaluations required under Per 801.

 

(b)  The effective date of a salary increment for any full-time employee shall be the anniversary date of entrance or re-entrance into state classified service.

 

(c)  An appointing authority may process a salary increment for a temporary, seasonal, or part-time employee after the employee has worked the aggregate total equivalent of a full year of employment as required to advance to the next step.

 

(d)  Salary increments under (c) above shall be calculated according to one of the following:

 

(1)  Class titles which are compensated on the basis of a 37 1/2 hour work week shall require an aggregate total of 1950 hours worked to constitute a full year of employment; and

 

(2)  Class titles which are compensated on the basis of a 40 hour work week shall require an aggregate total of 2080 hours worked to constitute a full year of employment.

 

(e)  When a part-time employee converts to full-time employment, the effective date of the salary increment shall be established as follows:

 

(1)  The probationary period shall begin on the first day of full-time employment; and

 

(2)  The increment date shall be determined in accordance with Per 901.03(b), using the first day of full-time employment as a basis for the determination.

 

(f)  When an employee transfers within an agency or between agencies without interruption in state service, the employee shall be credited with the period of service earned in the former position for purposes of determining the salary increment date.

 

(g)  When an employee receives a temporary promotion, the employee's regular salary increment shall be granted in accordance with the salary range authorized for the temporary promotion under Per 901.09, provided the employee demonstrates satisfactory work performance of the temporary duties.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 901.04  Adjustment of Increment Date When Returning from Leave of Absence Without Pay.  Unless otherwise provided by law, when an employee is returning from a leave of absence without pay, the appointing authority shall adjust the effective date of the employee's salary increment as provided below:

 

(a)  The appointing authority shall determine the total number of calendar days of the leave of absence without pay;

 

(b)  The appointing authority shall add the total number of calendar days without pay to the employee's original increment date;

 

(c)  The new effective date of the employee's salary increment shall be the adjusted date calculated under paragraph (b); and

 

(d)  The appointing authority shall notify the director of the adjusted increment date by submitting an updated personnel action request to the division.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

Per 901.05  Withholding of Salary Increment.

 

(a)  An appointing authority may withhold a salary increment under Per 1002.05 for unsatisfactory work performance, provided the reasons for withholding the increment are documented by the performance evaluation required under Per 801.

 

(b)  Pursuant to Per 1002.05, the withholding of a salary increment shall serve as a written warning that the employee's work performance does not meet required standards.

 

(c)  Upon authorization of an increment which has previously been withheld, the employee shall be compensated only prospectively.

 

(d)  The appointing authority shall establish a new increment date for an employee who is granted an increment which has previously been withheld.

 

(e)  In circumstances arising under this section, the employee's new increment date shall be adjusted to a date not less than 12 months from the date of the current increment approval.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 901.06  Adjustment Due to Reemployment.

 

(a)  When a former permanent employee is reemployed within a period of one year in a class in which the employee was previously employed at the same agency and work unit, the appointing authority may make an appointment at the same grade and step the employee had been receiving at the termination of service, provided:

 

(1)  The class has not been reallocated or reclassified; and

 

(2)  The employee was not terminated for cause.

 

(b)  If the class has been reallocated or reclassified, the appointing authority shall set the beginning salary in accordance with the requirements of Per 901.02.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 901.07  Adjustment Due to Demotion.  If an employee is voluntarily demoted, demoted in lieu of layoff or demoted for cause, the employee shall be placed at a step in the lower salary range as follows:

 

(a)  If an employee is voluntarily demoted or demoted in lieu of layoff, the employee shall be placed at the new grade and step closest to, but not exceeding, the employee's salary prior to the demotion.  The employee’s increment date shall not be adjusted as a result of a voluntary demotion or a demotion in lieu of layoff.

 

(b)  If an employee is demoted for cause, the employee shall be placed at the new grade and step closest to, but less than, the employee’s salary prior to the demotion.  The employee’s increment date year shall be adjusted to conform to the waiting periods for the new demotional step placement.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

        Per 901.08  Adjustment Due to Permanent Promotion.

 

(a)  When a qualified employee is promoted, the appointing authority shall assign the lowest step in the salary range of the new class which is at least the equivalent of one salary increment in the salary range of the former class.

 

(b)  The step assigned under paragraph (a) shall be based on the annual or hourly rate of pay of the employee’s position, depending upon pay schedule, but shall not include any of the following:

 

(1)  Shift differential;

 

(2)  Hazardous duty pay under RSA 99:10;

 

(3)  Direct care pay under RSA 99:11;

 

(4)  Weekend differential;

 

(5)  Salary increase as defined in RSA 99:8;

 

(6)  Temporary promotion; or

 

(7)  Any other special payment above the annual or hourly rate.

 

          (c)  Notwithstanding the foregoing, nothing in these rules shall prevent the appointing authority from requesting a higher step placement for employees who are promoted or transferred within their own agency.

 

(d)  When a promotion and an increment fall within the same pay period, the rate of pay shall be established by first granting the increment in the former salary grade and then establishing the promotional rate of pay pursuant to Per 901.08(a).

 

(e)  With the exception of employees at the maximum salary step prior to promotion, an employee’s increment date shall not be adjusted as a result of permanent promotion.

 

(f)  Employees at the maximum salary step prior to promotion shall have the year of their increment date adjusted based on the employee’s new promotional step placement.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 901.09  Adjustment Due to Temporary Promotion.

 

(a)  An appointing authority may temporarily promote a full-time employee to a vacant full-time position when:

 

(1)  The higher level position is vacant due to:

 

a.  Recruitment;

 

b.  Illness;

 

c.  Jury duty; or

 

d.  Military leave of an incumbent.

 

(2)  The appointing authority certifies to the director in writing that the position will be vacant for 30 consecutive calendar days or more;

 

(3)  The appointing authority assigns all of the duties and responsibilities of the higher level class to the employee for which the temporary promotion is requested;

 

(4)  The job assignments are outlined in writing on a supplemental job description approved under Per 301.03 and provided to the employee; and

 

(5)  The employee assigned to the higher level position meets the minimum qualifications for that class.

 

(b)  A full time employee who is temporarily promoted shall be compensated upon assignment of the higher level duties at the salary level established for the class pursuant to Per 901.08(a).

 

(c)  A temporary promotion shall not exceed a period greater than 90 calendar days, unless an appointing authority informs the director that an extension is necessary due to a continuation of the reason underlying the temporary promotion.

 

(d)  When filling the vacant position on a permanent basis, the appointing authority shall comply with all requirements under Per 402 for posting a vacant position, even though an employee has been temporarily promoted to the position.

 

(e)  Upon conclusion of the temporary promotion, the employee's salary shall be returned to the former grade and step from which the employee was promoted. If the employee received an increment during the temporary promotion, the step assignment in the former grade shall be adjusted accordingly, effective the date of return to the former grade.

 

(f)  With the exception of employees at the maximum salary step prior to temporary promotion, an employee’s increment date shall not be adjusted as a result of temporary promotion.

 

(g)  Employees at the maximum salary step prior to temporary promotion shall have the year of their increment date adjusted based on the employee’s new temporary promotional step placement.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

Per 901.10  Adjustment Due to Reallocation or Reclassification.

 

(a)  If the director approves the reallocation or reclassification of a position into a class with a different salary grade, the incumbent's salary shall be adjusted in accordance with the provisions of Per 303.06.

 

(b)  If the reallocation or reclassification approved by the director is temporary with an established duration of 6 months or less upon return to the original classification, the incumbent's salary shall be adjusted in accordance with Per 901.09 (e).

 

(c) With the exception of employees at the maximum salary step prior to reallocation or reclassification, an employee’s increment date shall not be adjusted as a result of reallocation or reclassification.

 

(d)  Employees at the maximum salary step prior to reallocation or reclassification shall have the year of their increment date adjusted based on the employee’s new reallocated or reclassified step placement.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 901.11  Adjustment Due to Temporary Fill-in Appointment.

 

(a)  If a position is posted pursuant to Per 601.05(f) and a temporary fill-in employee appointed pursuant to Per 601.05 is selected to fill the position on a full-time basis, the following actions shall take place:

 

(1)  The employee's seniority date, leave progression start date, longevity date, and increment date shall be adjusted to include the period of time the employee worked as a full-time temporary fill-in; and

 

(2)  The employee's probationary period shall begin from the first day of employment in the permanent position.

 

(b)  If a temporary fill-in employee appointed pursuant to Per 601.05 is selected to fill a permanent vacancy which is different in function from the fill-in appointment, the following actions shall take place:

 

(1)  The employee's seniority date, leave progression start date, longevity date, and increment date shall be determined by using the first day of employment in the permanent position as a basis for the determination; and

 

(2)  The employee's probationary date shall begin from the first day of employment in the permanent position.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

PART Per 902  LONG SERVICE EMPLOYEES

 

Per 902.01  Longevity Pay.

 

(a)  Any permanent full-time classified employee who has completed 10 years or more of continuous employment for the state, other than a law enforcement employee, shall be paid, in addition to the salary for which the employee is entitled under the classification plan, the longevity payment or payments authorized by RSA 99:5.

 

(b)  For the purposes of (a) above, “permanent full-time classified employee” means a “regular classified employee” within the meaning of RSA 99:5.

 

(c)  The additional compensation provided under paragraph (a) shall not affect the salary grade assigned by the classification plan.

 

(d)  The receipt of a longevity payment under paragraph (a) shall not prohibit any employee from earning a salary increment within the salary grade assigned by the classification plan.

 

(e)  Any state trooper or eligible state trooper command staff member who has completed 10 years or more of continuous service for the state shall be paid, in addition to the salary which the employee is entitled under the classification plan, the longevity payment or payments authorized by RSA 99:5-a.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

PART Per 903  OVERTIME

 

Per 903.01  Authorization.  An employee shall receive prior authorization from his or her appointing authority before performing work in excess of the basic workweek as established by Per 1201.01.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

Per 903.02  Notification of Overtime.

 

(a)  When notifying an employee that overtime work is necessary, each supervisor shall inform the employee whether the overtime work is voluntary or required.

 

(b)  Each supervisor shall give at least 4 hours notice to each employee of required overtime work, unless an emergency situation affecting health or safety requires less notice.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

          Per 903.03  Compensation.

 

(a)  If an employee is required to work overtime, the appointing authority shall compute overtime compensation at the employee's regular rate of pay, unless the rate of the position assigned is higher, in which case the employee shall receive the higher rate.

 

(b)  If an employee works overtime in a position with a lower rate of pay, the appointing authority shall compute the employee's overtime at one of the following rates:

 

(1)  If the employee is required by the appointing authority to work overtime in the lower position, the appointing authority shall compute the employee's overtime at the employee's regular rate; and

 

(2)  If the employee volunteers for overtime work in a position at the lower rate of pay, the appointing authority shall compute overtime at the lower rate.

 

(c)  If the basic workweek is 37 1/2 hours, the appointing authority shall pay overtime for the first 2 1/2 hours at straight time, except that the appointing authority may give those professional or supervisory employees exempt from the overtime provisions of the Federal Fair Labor Standards Act compensatory time in lieu of cash payment for any overtime.

 

(d)  If the basic workweek is 40 hours, the appointing authority shall pay an employee overtime pay at the rate of time and one half except for those employees who are exempt from the overtime provisions of the Federal Fair Labor Standards Act.

 

(e)  If the basic workweek is 37 1/2 hours, the appointing authority shall pay nonexempt employees the first 2 1/2 hours beyond 37 1/2 hours at the employee's regular rate, and any hours above 40 at the rate of time and one half.

 

(f)  Except as otherwise provided in (h), all hours that an employee is on pay status shall constitute time worked for the purpose of determining the workweek required to establish eligibility for overtime compensation.

 

(g)  An employee shall not be allowed to pyramid or otherwise duplicate compensation by accumulating overtime, holiday, or any other premium pay.

 

(h)  Hours compensated while on authorized overtime in accordance with RSA 99-B and RSA 99-C shall not constitute time worked.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 903.04  Compensatory Time in Lieu of Payment.

 

(a)  When authorized, payment for overtime shall be subject to the availability of appropriate funding.

 

(b)  Whenever funds are not available, employees who work authorized overtime in excess of 40 hours per week shall receive compensatory time according to one of the following:

 

(1)  Nonexempt employees shall accrue compensatory time for the number of actual overtime hours worked in accordance with the rates specified in Per 903.03; and

 

(2)  Employees who are exempt from the overtime provisions of the Federal Fair Labor Standards Act shall accrue compensatory time equal to the number of actual overtime hours worked.

 

          (c) The appointing authority shall not require any employee to accrue by overtime work, compensatory time in an amount which exceeds the number of hours in the employee's basic workweek, unless:

 

(1)  The appointing authority and employee may mutually agree to exceed the limit established in paragraph (c); or

 

(2)  An employee is required to work authorized overtime beyond the limits set forth above and is paid for all overtime hours worked.

 

(d)  The appointing authority shall ensure that such employee uses accrued compensatory time within one year from the date the compensatory time is earned, by taking one of the following actions:

 

(1)  Whenever practicable, the appointing authority shall approve compensatory time off at a mutually agreeable time within the one year period; or

 

(2)  If the appointing authority cannot approve compensatory time off, the appointing authority shall pay the employee for the compensatory time within a year from the date on which it was accrued.

 

(e)  When an employee is paid for compensatory time, payment shall be at the employee's regular rate of pay at the time of payment.

 

(f)  An employee may receive compensatory time off at the rate specified in paragraph (b) in lieu of overtime pay upon mutual agreement between the appointing authority and the employee.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 903.05  Fairness of Administration.  All overtime assignments shall be administered in accordance with the following provisions:

 

(a)  Overtime assignments shall be voluntary unless the number of volunteers are not sufficient to carry out the orderly transaction of business;

 

(b)  In the event that the number of volunteers for overtime work is not sufficient, the appointing authority shall make overtime assignments;

 

(c) Overtime assignments, to the extent possible, shall be distributed equally among qualified employees who customarily perform the kind of work required, with preference given to those employees currently assigned to the work section in which the overtime is to be worked; and

 

(d)  An employee shall not be relieved of duty during the regular shift hours in the basic workweek in order to compensate for or offset overtime hours worked unless:

 

(1)  The employee agrees to be relieved of duty; or

 

(2)  It is in the interest of the employee, the appointing authority or the general public to relieve the employee of duty for reason of health or safety.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 903.06  Overtime When Employee is Called Back to Work.

 

(a)  Except for employees exempt under the Federal Fair Labor Standards Act, employees called back to work without prior notice on the same day after once leaving work or before the next regular starting time shall be compensated as follows:

 

(1)  Employees shall be compensated at one and one half times the hourly rate for the hours worked and shall be guaranteed a minimum of 3 hours of premium pay; and

 

(2)  Call back hours shall not be considered a part of the basic workweek for premium pay purposes.

 

(b)  Employees called back to work under paragraph (a) shall have the hours worked computed from portal to portal.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 903.07  Timeliness of Payment.  Whenever practicable, an appointing authority shall ensure payment for overtime work at the same time the employee usually receives the paycheck for the period within which the overtime work was performed.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

PART Per 904  INCREASING COMPENSATION TO ENHANCE RECRUITMENT

 

Per 904.01  Request for Temporary Increase.

 

(a)  An appointing authority may request an increase in the compensation of a class for recruitment purposes under RSA 99:8 by submitting a request to the director containing the following information:

 

(1)  A comparison of salaries in the appropriate industry and geographic location, including:

 

a.  Occupations which are comparable to the state classification for which the increase is sought; and

 

b.  A comparison of benefits as a percentage of salary;

 

(2)  A recommended percentage increase over the current salary grade assignment of the class title, based on the data compiled by the appointing authority under (1);

 

(3)  A detailed plan explaining how the appointing authority intends to adjust the salaries of all class members; and

 

(4)  The number of positions affected by an increase for recruitment purposes and the overall cost of the proposed increase.

 

(b)  If the director concurs with an increase in compensation for recruitment purposes based upon the information provided in (a) or the director’s own market studies conducted under RSA 21-I: 42, VI, the appointing authority’s recommendation to governor and council shall be in the form of a suggested percentage increase in the hourly wage of the class, for a period not to exceed 24 months.

 

(c)  If the director or the appointing authority determines the need for the temporary increase no longer exists, either based on information from the appointing authority or on the director's own market studies conducted under RSA 21-I:42, VI, the director shall recommend to governor and council that any increase originally recommended under paragraph (b) be withdrawn.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #10239, eff 3-18-13; ss by #10817, eff 5-17-15

 

CHAPTER Per 1000  INVESTIGATIONS, DISCIPLINE AND NON-DISCIPLINARY REMOVAL

 

PART Per 1001  NON-DISCIPLINARY SUSPENSIONS AND DEMOTIONS FOR INVESTIGATIVE PURPOSES

 

Per 1001.01  Non-Disciplinary Suspension With Pay for Purposes of Investigation.

 

(a)  An appointing authority, with the approval of the director or the director’s designee, may suspend an employee with pay for a limited period of time when allegations of misconduct made against an employee are related to the employee’s duties and responsibilities and require an internal investigation.

 

(b)  In providing an approval or denial under (a) above, the director or the director’s designee shall consider factors such as:

 

(1)  Whether the employee presents a danger to himself, to others or to state property or state records during the pendency of the investigation;

 

(2)  Whether the employee’s presence in the workplace impedes the investigation or intimidates witnesses or coworkers;

 

(3)  Whether another work location or position is available within the agency to temporarily transfer the employee during the pendency of the investigation; and

 

(4)  Whether the employee’s presence in the workplace during the pendency of the investigation disrupts the workplace.

 

(c)  The employee shall be available at a location acceptable and accessible to the appointing authority and investigators for the duration of the investigation.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

          Per 1001.02  Non-Disciplinary Suspension Without Pay for Purposes of Investigation.

 

          (a)  An appointing authority may, with the approval of the director, suspend an employee without pay for a period of up to 30 calendar days pending the outcome of either criminal charges or an investigation of alleged criminal wrongdoing when:

 

(1)  The nature of the charges brought or the allegations made conflict with the duties and responsibilities of the employee’s position; and

 

(2)  The charges or allegations warrant the removal of the employee from the worksite.

 

          (b)  In approving an employee’s suspension without pay under (a) above, the director or the director’s designee, shall base the determination on factors such as, but not limited to, the following:

 

(1)  Whether the employee presents a danger to himself or to others or to state property or state records during the pendency of the investigation;

 

(2)  Whether the employee’s presence in the workplace impedes the investigation or         intimidates witnesses or coworkers;

 

(3)  Whether the employee’s presence in the workplace during the pendency of the investigation disrupts the workplace;

 

(4)  Whether the employee’s presence in the workplace provides an opportunity to the employee to hide or destroy evidence relevant or necessary to the investigation;

 

(5)  Whether the investigation makes it impossible for the employee to complete core tasks of the position, such as law enforcement, direct care, or similar position duties; and

 

(6)  The likelihood that the employee will have access to or attempt to influence or intimidate witnesses necessary to the investigation.

 

          (c)  The appointing authority may request the director’s approval to extend the suspension without pay for one or more additional periods not exceeding 30 days each. 

 

          (d)  The director shall grant an extension requested under (c) above if, at the end of a period of suspension, the appointing authority demonstrates that:

 

(1)  The conditions set forth in (a) above continue to exist; and

 

(2)  The investigation has not been completed or the charges are still pending.

 

          (e)  If, at the conclusion of the investigation or criminal proceedings, the appointing authority determines that no disciplinary action is warranted, the employee shall be returned to paid status and shall be entitled to any loss of compensation, less the amount of any wages the employee earned during the period of suspension.

 

Source.  (See Revision Notes at chapter heading for Per 100) by #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

          Per 1001.03  Notice of Non-Disciplinary Investigative Suspension.

 

(a)  At the time of the suspension, the appointing authority shall issue written notice of the investigative suspension to the employee describing:

 

(1)  The cause of the suspension;

 

(2)  The location, if any, to which the employee shall report during the period of suspension; and

 

(3)  The anticipated duration of the suspension, if known.

 

(b) An appointing authority, with the director’s approval, may extend the suspension if the investigation is not concluded within the time frame, if any, indicated in the notice and shall so notify the employee.

 

(c)  The director shall approve an extension under (b) above if, at the end of a period of suspension, the appointing authority demonstrates that:

 

(1)  The conditions set forth in these rules for a suspension under Per 1001.01 or Per 1001.02 continue to exist; and

 

(2)  The investigation has not been completed or the charges are still pending.

 

(d)  At the conclusion of an investigation, the appointing authority shall provide the employee who has been suspended with written notice indicating what action, if any, will be taken.

 

(e)  At the conclusion of the investigation, the appointing authority, with the director’s approval, may suspend the employee for up to 30 additional working days in order to initiate disciplinary action when:

 

(1) The appointing authority determines the evidence supports an employee’s disciplinary demotion, disciplinary suspension or termination of employment; and

 

(2)  The employee’s presence in the workplace poses an immediate risk of harm to that employee, to any other employee, or to any person or property, including electronic files, data, software, or any other tangible or intangible state property.

 

          (f)  The director shall approve an extension under (e) above if, at the conclusion of the investigation:

 

(1)  The evidence resulting from the investigation supports a disciplinary demotion, suspension or termination of employment; and

 

(2)  The employee’s presence in the workplace poses a risk of harm to that employee, to any other employee, or to any person or property, including electronic files, data, software, or any other tangible or intangible state property.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 1001.04  Temporary Non-Disciplinary Demotion Pending Investigation.

 

(a)  An appointing authority may demote an employee pending the outcome of an investigation of alleged misconduct or criminal wrongdoing which conflicts with the duties and responsibilities of the employee’s position but which does not warrant the employee’s removal from the work place.

 

(b)  The appointing authority shall provide written notice of temporary demotion describing:

 

(1)  The cause of the demotion; and

 

(2)  The anticipated duration of the suspension, if known.

 

(c)  At the conclusion of the investigation, the appointing authority shall provide the employee who has been temporarily demoted with written notice indicating what action, if any, will be taken.

 

(d)  If, at the conclusion of the investigation or criminal proceedings, the appointing authority determines that no disciplinary action is warranted, the employee shall be entitled to any loss of compensation resulting from the temporary demotion.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

PART Per 1002  DISCIPLINE

 

Per 1002.01  Forms of Discipline.  The following disciplinary measures shall exist for full-time employees within the state system:

 

(a)  Dismissal during initial probationary period;

 

(b)  Written warning;

 

(c)  Withholding salary increment;

 

(d)  Disciplinary suspension without pay;

 

(e)  Disciplinary demotion; and

 

(f)  Dismissal.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 1002.02  Dismissal During Initial Probationary Period.

 

(a)  At any time during the initial probationary period an appointing authority may dismiss an employee without prior warning if that employee fails to meet the work standard or engages in any conduct for which discipline is authorized pursuant to this Part, provided the dismissal is not:

 

(1)  Arbitrary;

 

(2)  Illegal;

 

(3)  Capricious; or

 

(4)  Made in bad faith.

 

(b)  No appointing authority shall dismiss a probationary employee under this rule until the appointing authority offers to meet with the employee, prior to issuing the notice of dismissal, to discuss the appointing authority's reason(s) supporting the decision to dismiss the employee.

 

(c)  An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from dismissing an employee pursuant to this part.

 

(d)  An employee's refusal to meet with the appointing authority shall not bar the appointing authority from dismissing an employee pursuant to this part.

 

(e)  If an appointing authority determines that there are sufficient grounds to dismiss the probationary employee, the appointing authority shall:

 

(1)  Prepare a written notice of dismissal to be given to the probationary employee specifying the reason(s) for dismissal;

 

(2)  Notify the employee in writing that the employee may appeal the dismissal to the personnel appeals board within 15 calendar days of the notice of dismissal; and

 

(3)  Forward a copy of the written notice of dismissal to the director.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #9280, eff 10-1-08; ss by #10817, eff 5-17-15

 

Per 1002.03  Determining the Appropriate Form of Discipline.  In determining the appropriate form of discipline under Per 1002.04 through 1002.08, an appointing authority may consider factors including, but not limited to:

 

(a)  The impact that the conduct or offense has on the operations or functions of the agency;

 

(b) The nature and severity of the conduct or offense in relation to the employee’s position classification, responsibilities, and accountabilities, and the functions of the agency; and

 

(c)  The employee’s past record of performance and discipline, including whether or not the employee has been disciplined in the past for the same or a similar offense.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 1002.04  Written Warning.

 

(a)  A written warning shall be the least severe form of discipline used by an appointing authority in order to correct a full-time employee’s unsatisfactory work performance or conduct.

 

(b)  An appointing authority may issue a written warning to an employee for unsatisfactory work performance or conduct including, but not limited to, the following:

 

(1)  Failure to meet any work standard;

 

(2)  Failure to take corrective action as directed;

 

(3)  Unauthorized absences from work;

 

(4)  Repeated unscheduled absences, unless authorized;

 

(5)  Sexually harassing conduct, including unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature;

 

(6)  Working unauthorized overtime;

 

(7)  Failure to report immediately to the appointing authority the expiration of a license, a certificate or other form of permission required by the class specification or supplemental job description for performance of the duties of a position;

 

(8)  Unauthorized use of information or communications systems;

 

(9)  Disruptive, disorderly or disrespectful conduct in the workplace, including the use of insulting or abusive language or gestures;

 

(10)  Exhibiting physically or verbally abusive or threatening behavior, including spoken or written communications, toward any employee or any individual served by the agency;

 

(11)  Violation of a posted or published state or agency policy or procedure, or of a law or administrative rule applicable to the agency.

 

(c)  Each written warning shall:

 

(1)  Contain a narrative describing in detail the reason for the warning;

 

(2)  Except when issued as a final written warning and notice of dismissal as described in Per 1002.08(c)(1) or Per 1002.08(c)(2), list specifically the corrective action which the employee shall take to avoid additional disciplinary action, including the time frame, if any, in which the corrective action must be taken;

 

(3)  Except when issued as a final written warning and notice of dismissal in accordance with Per 1002.08(c)(1) or Per 1002.08(c)(2), notify the employee that failure to take corrective action shall result in additional disciplinary action up to, and including, discharge from employment;

 

(4)  Be signed by the supervisor who issues the written warning;

 

(5)  Inform the employee that within 15 calendar days of the notice, the warning may be resolved through the procedures for settlement of disputes pursuant to Per 205 or by appeal to the personnel appeals board;

 

(6)  Be signed by the employee receiving the written warning to acknowledge receipt of the warning provided, however, that:

 

a.  If an employee takes exception to the written warning, he or she may so note in addition to acknowledging receipt;

 

b.  Notice that the employee takes exception to the warning shall not be deemed a properly filed appeal; and

 

c.  Failure of the employee to sign the warning shall neither affect its validity nor delay the time for appeal; and

 

(7)  The original letter shall be issued to the employee and copies distributed to the:

 

a.  Employee's agency personnel file; and

 

b.  Employee's file in the division.

 

(d)  If an employee fails to take corrective action as outlined in a written warning, the employee shall be subject to additional disciplinary action up to, and including, discharge from employment pursuant to Per 1002.

 

(e)  Notice to the appointing authority that an employee is seeking resolution of the warning through the procedures for settlement of disputes pursuant to Per 205 or through appeal to the personnel appeals board shall not bar the appointing authority from taking additional disciplinary action as authorized by Per 1002.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; ss by #10937, eff 9-22-15

 

Per 1002.05  Withholding Salary Increment.

 

(a)  Provided that the employee’s performance evaluation has been conducted and the evaluation process set forth in Per 801 has been completed prior to the employee’s increment date, an appointing authority may withhold an employee's salary increment for unsatisfactory work performance when:

 

(1)  The employee’s current performance evaluation indicates that the employee’s performance fails to meet expectations overall; or

 

(2)  The employee has failed to take those steps identified in the previous performance evaluation, written warning, or corrective action plan detailing what actions the employee was required to take in order to avoid disciplinary action.

 

(b)  The withholding of an employee's salary increment shall serve as a written warning as set forth in paragraph (c).

 

(c)  When an appointing authority issues a written warning to an employee advising that the salary increment is to be withheld, the warning shall:

 

(1)  Contain a narrative describing in detail the deficiencies in the employee's performance which require the withholding of the increment;

 

(2)  Inform the employee that the letter of warning and the withholding of the increment is a single disciplinary action;

 

(3)  List specifically the corrective action which the employee shall take to avoid additional disciplinary action, including the time frame, if any, in which the corrective action must be taken;

 

(4)  Notify the employee that failure to take corrective action shall result in additional disciplinary action up to, and including, discharge from employment;

 

(5)  Include a copy of the performance evaluation completed in accordance with Per 801;

 

(6)  Be signed by the appointing authority or his designee;

 

(7)  Inform the employee that within 15 calendar days from the date of notice, the warning may be resolved through the procedures for settlement of disputes pursuant to Per 205 or by appeal to the personnel appeals board; and

 

(8)  Be signed by the employee receiving the written warning to acknowledge receipt of the warning provided, however, that:

 

a.  If an employee takes exception to the written warning, he or she may so note in addition to acknowledging receipt;

 

b.  Notice that the employee takes exception to the warning shall not be deemed a properly filed appeal; and

 

c.  Failure of the employee to sign the warning shall neither affect its validity nor delay the time for appeal.

 

(d)  The original letter shall be issued to the employee with copies distributed to the:

 

(1)  Employee's agency personnel file; and

 

(2)  Employee's file in the division.

 

(e)  If an employee fails to take corrective action as outlined in a written warning, the employee shall be subject to additional disciplinary action up to, and including, dismissal from employment pursuant to Per 1002.08.

 

(f)  Notice to the appointing authority that an employee is seeking resolution of the withholding of the salary increment through the procedures for settlement of disputes pursuant to Per 205 or by appeal to the personnel appeals board shall not bar the appointing authority from taking additional disciplinary action.

 

(g)  When a salary increment is withheld, the minimum period of withholding shall be at least 3 months service from the date the increment would otherwise be applicable.

 

(h)  The withholding of an employee’s salary increment shall result in the establishment of a new salary increment date in accordance with Per 900.

 

(i)  The employee shall not be eligible to receive a salary increment until he or she has completed at least 12 months of satisfactory work from the date the salary increment is granted.

 

Source.  (See Revision Notes at chapter heading for Per 100) 8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 1002.06  Disciplinary Suspension Without Pay.

 

(a)  An appointing authority may suspend an employee without pay for:

 

(1)  Failure to meet work standards or other conduct for which a written warning may be issued pursuant to Per 1002.04, when, under the particular circumstances, the appointing authority considers the conduct or offense to warrant the imposition of discipline more severe than a written warning;

 

(2)  Violation of administrative rules or agency policies; or

 

(3)  Offenses including but not limited to the following:

 

a.  Refusal to follow the legitimate directives of the supervisor;

 

b.  Disclosing or otherwise failing to safeguard confidential information, provided that the information has been identified as confidential by a law or administrative rule, stating what records are deemed confidential;

 

c.  Fighting or attempting to injure another employee or individual served by the agency;

 

d.  Sexually harassing conduct, including unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature;

 

e.  Loss or suspension of a license, certificate or other form of permission required by the class specification or supplemental job description for performance of the duties of a position;

 

f.  Failure to report immediately to the appointing authority the expiration of a license, certificate or other form of permission required by the class specification or supplemental job description for performance of the duties of a position;

 

g.  Threatening the safety of another person or placing another person at risk of injury in the workplace; or

 

h.  Any offense listed under Per 1002.04 or Per 1002.08.

 

(b)  Except as provided in Per 1002.06 (c), the period of such suspension shall be not less than one work day nor more than 20 work days.

 

(c)  The appointing authority may suspend an employee for more than 20 work days when the employee's job function in relation to the offense warrants a suspension of more than 20 work days.

 

(d) No appointing authority shall suspend a classified employee without pay under this rule until the appointing authority:

 

(1)  Offers to meet with the employee to present whatever evidence the appointing authority believes supports the decision to suspend the employee; and

 

(2)  If a meeting is held, provides an opportunity for the employee to refute the evidence presented by the appointing authority, however:

 

a.  An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from suspending an employee pursuant to Per 1002.06; and

 

b.  An employee's refusal to meet with the appointing authority shall not bar the appointing authority from suspending an employee pursuant to Per 1002.06.

 

(e)  An appointing authority shall provide written notice of the suspension to both the employee and the director, detailing:

 

(1)  The cause of the suspension;

 

(2)  The duration of the suspension;

 

(3)  If appropriate, the specific corrective action which the employee shall take to avoid additional disciplinary action, including the time frame, if any, in which the corrective action must be taken;

 

(4)  A warning that failure to take corrective action shall result in additional disciplinary action up to, and including, discharge from employment;

 

(5)  Notice that the suspension shall be deemed a written warning under the provisions of Per 1002; and

 

(6)  Notice to the employee that the suspension may either be:

 

a.  Appealed to the board within 15 calendar days from the date of notice pursuant to RSA 21-I: 58; or

 

b.  Resolved through the procedures for settlement of disputes pursuant to Part Per 205.

 

(f)  If an employee fails to take corrective action as outlined in a notice of suspension, the employee shall be subject to additional disciplinary action up to, and including, discharge from employment pursuant to Per 1002.

 

(g)  Notice to the appointing authority that an employee is seeking resolution of the suspension through the procedures for settlement of disputes pursuant to Part Per 205, or that the employee is appealing the suspension to the board pursuant to RSA 21-I: 58, shall not bar the appointing authority from taking additional disciplinary action as authorized by this part.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 1002.07  Disciplinary Demotion.

 

(a)  An appointing authority may demote an employee without prior warning:

 

(1)  In lieu of termination;

 

(2)  For failing to meet the work standard when promoted;

 

(3)  For conduct resulting in disruption of services provided by the agency;

 

(4)  When the employee has failed to carry out his or her assigned supervisory responsibilities; or

 

(5)  For conduct or failure to meet work standards for which discipline may be issued pursuant to Per 1002.04, Per 1002.05 or Per 1002.06 when, under the particular circumstances, the appointing authority considers the offense to warrant the imposition of more severe discipline.

 

(b)  No appointing authority shall demote a classified employee under this rule until the appointing authority:

 

(1)  Offers to meet with the employee to present whatever evidence the appointing authority believes supports the decision to demote the employee; and

 

(2)  Provides the employee an opportunity to refute the evidence presented by the appointing authority, however:

 

a.  An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from demoting an employee pursuant to this part; and

 

b.  An employee's refusal to meet with the appointing authority shall not bar the appointing authority from demoting an employee pursuant to this part.

 

(c)  An appointing authority shall provide written notice of the demotion to both the employee and the director detailing:

 

(1)  The cause for the demotion;

 

(2)  That the demotion may either be:

 

a.  Appealed under the provisions of RSA 21-I:58; or

 

b.  Resolved through the procedures for settlement of disputes pursuant to Part Per 205; and

 

(3)  Notice that the demotion shall be deemed a written warning under the provisions of Per 1002.

 

(d)  Notice to the appointing authority that the employee is seeking resolution of the demotion through the procedures for settlement of disputes pursuant to Part Per 205 or is appealing the demotion to the personnel appeals board pursuant to RSA 21-I: 58 shall not bar the appointing authority from taking additional disciplinary action as authorized by this part.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 1002.08  Dismissal.

 

(a)  Dismissal shall be considered the most severe form of discipline.

 

(b)  An appointing authority may dismiss an employee without prior warning for offenses such as, but not necessarily limited to, the following:

 

(1)  Driving a state vehicle without a license or proper authorization;

 

(2)  Loss or expiration of a license or certification or other form of permission required by the class specification or supplemental job description for the performance of the duties of a position;

 

(3)  Failure to report to the agency the loss, suspension or expiration of a license, certification or other form of permission required by the class specification;

 

(4)  Performing duties that require a license, certificate or other form of permission when such license, certificate or other form of permission has expired or has been revoked or suspended;

 

(5)  Theft of valuable goods or services from the state or from any other employee or individual served by the agency;

 

(6)  Willful abuse, misuse or destruction of state property or the property of any employee or individual served by the agency which, in the opinion of the appointing authority, represents a substantial cost for repair or replacement;

 

(7)  Violation of a posted or published agency policy or procedure, the text of which warns that violation of same may result in dismissal;

 

(8)  Threatening another employee or individual served by the agency;

 

(9)  Endangering the life, health or safety of another employee or individual served by the agency;

 

(10)  Obstructing an internal investigation;

 

(11)  Refusing to accept a job assignment, provided that the employee has first been informed that refusing the job assignment may result in termination;

 

(12)  Falsification of any agency records received, maintained or utilized by the agency;

 

(13)  Persistent refusal to follow the legitimate directives of a supervisor;

 

(14)  Willful misuse of a supervisory position;

 

(15)  Absence for a period of 3 or more consecutive work days without proper notification or acceptable reason;

 

(16)  Willful release of confidential information, provided that the agency has a policy detailing which records are deemed confidential;

 

(17)  Failure to report to work without acceptable reason on the next business day following the expiration of an approved leave of absence;

 

(18)  Inability to perform duty assignments due to being under the influence of alcohol or drugs;

 

(19)  Consumption of alcohol while on duty;

 

(20)  The use, possession, distribution, dispensation, or manufacture of a controlled substance at any duty station or workplace, unless such use, possession, distribution, dispensation or manufacture is lawful under state or federal law regulating controlled substances;

 

(21)  Failure to report in writing to the appointing authority any criminal conviction based on the unlawful use, possession, distribution, dispensation or manufacture of a controlled substance at a state workplace within 5 days from entry of the trial court's decision, regardless of whether an appeal is taken;

 

(22)  Conviction of any criminal offense based upon the unlawful use, possession, distribution, dispensation or manufacture of a controlled substance at a state workplace, provided that:

 

a.  An appointing authority shall take appropriate disciplinary action, including possible conditional discipline, for violations of this subparagraph within 30 calendar days after learning of a conviction; and

 

b.  An appointing authority shall have the discretion to condition the severity or nature of any disciplinary sanctions for violations of Per 1002.08 (b) (18), (19) or (20), or for any other misconduct in which abuse of a controlled substance is a substantial factor, upon the employee's satisfactorily completing a specific controlled substance rehabilitation program recommended or certified for such purposes by the office of alcohol and drug abuse prevention, the division of public health services, or an appropriate federal or local agency;

 

(23)  Violation of a law related to an employee’s job duties or conviction of any criminal offense relating to the employee’s job duties;

 

(24)  Sexually harassing conduct, including unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature;

 

(25)  Unlawful discrimination or retaliation for engaging in a legally protected activity;

 

(26)  Repeated unauthorized use or gross misuse of information or communications systems; or

 

(27)  Failure or refusal to produce upon request documents or records, whether hard copy or electronic, that are the property of the agency or state.

 

(c)  An appointing authority may dismiss an employee who has received multiple warnings for the offenses described in this part as stated below:

 

(1)  An appointing authority may dismiss an employee for conduct described in Per 1002.04 when the employee has previously received 2 written warnings for the same or substantially similar type of conduct or offense within a period of 5 years, by issuing a final written warning and notice of dismissal as set forth in this rule; and  

 

(2)  An appointing authority may dismiss an employee for conduct described in Per 1002.04 when the employee has previously received 4 written warnings for similar or disparate types of conduct or offenses within a period of 5 years by issuing a final written warning and notice of dismissal.

 

          (d)  No appointing authority shall dismiss a classified employee under this section until the appointing authority:

 

(1)  Offers to meet with the employee to discuss whatever evidence which the appointing authority believes supports the decision to dismiss the employee;

 

(2)  Offers to provide the employee with an opportunity to refute the evidence presented by the appointing authority provided, however:

 

a.  An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from dismissing an employee pursuant to this part; and

 

b.  An employee's refusal to meet with the appointing authority shall not bar the appointing authority from dismissing an employee pursuant to this part; and

 

(3)  Documents in writing the nature and extent of the offense.

 

(e)  If an appointing authority, having complied with the provisions of Per 1002.08 (d) finds that there are sufficient grounds to dismiss an employee, the appointing authority shall:

 

(1)  Provide a written notice of dismissal, specifying the nature and extent of the offense;

 

(2)  Notify the employee in writing that the dismissal may be appealed under the provisions of RSA 21-I: 58, within 15 calendar days of the notice of dismissal; and

 

(3)  Forward a copy of the notice of dismissal to the director.

 

(f)  An appeal filed under the provisions of RSA 21-I:58 shall not stay the dismissal decision.

 

(g)  Nothing in this rule shall prohibit an appointing authority from allowing an employee to request that he or she be allowed to resign in lieu of discharge provided that:

 

(1)  The employee makes such request in writing;

 

(2) The employee certifies in writing that the resignation was given after review and consideration of the evidence used to support the decision to dismiss the employee; and

 

(3)  The employee certifies in writing the employee's understanding that a resignation in lieu of dismissal for cause may not be resolved through the settlement of disputes, pursuant to Part Per 205, or, except as otherwise provided in Per 205.08 (i), by appeal to the board pursuant to the provisions of RSA 21-I: 58.

 

(h)  Nothing in this rule shall require that an appointing authority allow an employee to resign in lieu of being dismissed for cause as provided in this part.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

PART Per 1003  REMOVAL FOR NON-DISCIPLINARY REASONS

 

Per 1003.01  Purpose.  The purpose of this rule shall be to provide for the removal of a full-time employee for non-disciplinary reasons, when:

 

(a)  The employee is physically or mentally unable to perform the essential functions of the position to which appointed;

 

(b)  The employee's physical or mental condition creates a direct threat or hazard for the employee, the employee's co-workers or clients of the agency which cannot be eliminated except by removing the employee from the position;

 

(c)  The employee's presence in the workplace, because of the medical condition, is deleterious to the employee's health; or

 

(d)  The employee is a qualified individual with a disability who, with or without a reasonable accommodation, is unable to perform the essential functions of the position to which appointed.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 1003.02  Request for Assessment Information.

 

(a)  When an appointing authority believes that, pursuant to Per 1003.01, a full-time employee might need to be removed for non-disciplinary reasons, the appointing authority shall:

 

(1)  Inform the employee in writing that the employee shall be required to provide the appointing authority with a written assessment from the employee's licensed health care practitioner detailing:

 

a.  The employee's general state of health related to performing the essential functions of the position; and

 

b.  The specific nature of any relevant injury, illness, disability or condition which may affect the employee's ability to perform all of the essential functions of the position.

 

(b)  Upon receipt of a written notice as described in Per 1003.02 (a), the employee shall provide the appointing authority with:

 

(1)  The name and address of the employee's licensed health care practitioner; and

 

(2)  A signed statement authorizing the release of assessment information from the licensed health care practitioner to the appointing authority concerning the employee’s illness or impairment as that illness or impairment relates to the employee’s ability to perform the essential functions of the position.

 

(c)  Upon receipt of a signed release, the appointing authority shall be responsible for providing the following information to the employee and the employee’s licensed health care practitioner:

 

(1)  The employee's class specification;

 

(2)  The employee's supplemental job description;

 

(3)  The employee's work schedule;

 

(4)  A written description of the employee's work location; and

 

(5)  A written description of the employee's work environment.

 

(d)  The appointing authority shall inform the employee in writing that failure to comply with the request for a medical assessment described in Per 1003.02 (b)(2) may result in disciplinary action as provided in Per 1002.

 

(e)  If the appointing authority determines that the information supplied by the employee's licensed health care practitioner is unresponsive to the assessment request, the appointing authority shall arrange to have an independent medical assessment of the employee performed.

 

(f)  When the appointing authority determines that an independent medical exam is necessary, the appointing authority shall:

 

(1)  Bear the full cost of an independent medical assessment performed pursuant to this part;

 

(2)  Ensure that appearance at a scheduled independent medical assessment shall be deemed a work assignment;

 

(3)  Ensure that the employee shall not suffer a loss of pay or leave for the purposes of the assessment; and

 

(4)  Inform the employee that failure to appear at a scheduled independent medical assessment performed pursuant to this part may be considered failure to comply with the legitimate directives of a supervisor and may subject the employee to disciplinary action as provided in Per 1002.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 1003.03  Removal.

 

(a)  An appointing authority shall not remove a full-time employee under the provisions of Per 1003 until the appointing authority has obtained medical assessment information indicating that the employee is physically or mentally unable to perform the essential functions of the position.

 

(b)  For the purposes of this part, medical assessment information may be obtained from any of the following sources:

 

(1)  Assessment information obtained through the fulfillment of the requirements specified under Per 1003.02 (a) through (c);

 

(2)  A workers' compensation claim file or determination;

 

(3)  The medical certification required under the Family Medical Leave Act; or

 

(4)  A medical assessment provided in connection with a request from a qualified individual with a disability for a reasonable accommodation.

 

(c)  Prior to removal of a qualified employee with a disability under the provisions of Per 1003, the appointing authority shall determine if any of the following adjustments can be made to allow the employee to avoid removal for non-disciplinary reason(s):

 

(1)  Amend the duties of the position to accommodate the employee's known medical disability, provided, however, that such amendment does not alter the essential duties and responsibilities of the employee's position;

 

(2)  Transfer the employee to a position for which the employee is qualified, with or without reasonable accommodation, which will not require removal under the provisions of Per 1003; or

 

(3)  Demote the employee to a position for which the employee is qualified, with or without reasonable accommodation, which will not require removal under the provisions of Per 1003.

 

(d)  If the appointing authority is unable to make a reasonable accommodation which will allow the employee to remain in a position within the agency, the appointing authority shall advise the employee in writing that the employee is being removed from the position for non-disciplinary reasons.

 

(e)  Removal from employment under this part shall not reflect discredit upon the prior service of the employee.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

Per 1003.04   Written Notice.

 

(a)  The appointing authority shall provide written notice to any employee removed from employment under this part that:

 

(1)  The employee's personnel file shall note that the removal was for non-disciplinary reasons; and

 

(2)  The employee may request resolution of the dispute pursuant to Per 205.07 (a) or may appeal directly to the board under the provisions of RSA 21-I: 58, I.

 

(b)  If applicable, the appointing authority or the employee may make application for the employee removed pursuant to this part to receive disability retirement benefits in accordance with state law.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15

 

CHAPTER Per 1100  LAYOFF

 

PART Per 1101  RESPONSIBILITIES OF APPOINTING AUTHORITIES

 

Per 1101.01  Applicability.  An appointing authority may lay off an employee only when such layoff becomes necessary because of one or more of the following reasons:

 

(a)  Abolition of a position;

 

(b)  Change in organization;

 

(c)  Decline in agency work load;

 

(d)  Insufficient funding;

 

(e)  Change in state law; or

 

(f)  Change in federal requirements.

 

Source.  (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #9280, eff 10-1-08; ss by #10817, eff 5-17-15

 

Per 1101.02  Procedure for Layoff.

 

(a)  An appointing authority shall first determine, by division, the class or classes to be affected within the agency.

 

(b)  Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency, as that term is defined in RSA 21-G:5, VII, in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.

 

(c)  Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave pursuant to Per 701.02 except that any days, months, or years of leave without pay for educational, disciplinary or personal reasons shall not be counted.

 

(d)  No permanent employee shall be laid off from any position while there are temporary fill-in or probationary employees serving in the same class of position within the same division of the agency.

 

(e)  Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.