General Circular No. 1257

General Circular No. 1257 General Circular No. 001257

To: Heads of State Agencies and Human Resource Directors

Subject: Amend Rules 10.4, 10.22, 11.7, 11.13, 11.10, 11.18

Issue Date: October 9, 1996

The State Civil Service Commission will hold a public hearing on November 20, 1996 to consider the following rule proposals. The hearing will begin at 9:00 a.m. and will be held in the Department of Civil Service Second Floor Hearing Room, DOTD Annex Building, 1201 Capitol Access Road, Baton Rouge, Louisiana.

Proposed Amendments to Rules 10.4(b) and 10.22(b)

10.4 Right of Appeal of Service Rating

(a) ...

(b) When an employee who has been assigned an Unsatisfactory service rating appeals to his appointing authority for a review of the rating, a hearing on the rating shall be granted and held before the appointing authority, his designated agent or agents, within 30 calendar days of receipt of the employees appeal. The employee shall be given an opportunity to be heard and to call witnesses and introduce other evidence in his behalf. Within 15 calendar days following the hearing, the appointing authority, agent or agents, shall render a written decision sustaining or modifying the rating which has been appealed and shall furnish the employee a copy of such decision.

10.22 Right of Appeal of Performance Appraisal Rating.

(a) ...

(b) When a permanent employee who has been assigned a "Needs Improvement" or "Unsatisfactory" performance rating or re-rating appeals to his appointing authority for a review of the rating, a hearing on the rating shall be granted and held before the appointing authority, or his designated agent(s) within thirty (30) calendar days of the receipt of the employee's appeal. The employee shall be given an opportunity to be heard and to call witnesses or introduce arguments in his behalf. Within fifteen (15) calendar days following the hearing, the appointing authority or his designated agent(s) shall render a written decision sustaining, modifying, or rescinding the rating which has been appealed and shall furnish the employee a copy of such decision. This written decision shall notify the employee of his right to appeal to the Commission.

EXPLANATION

These amendments give an agency 30 days instead of 15 days to grant a hearing regarding an Unsatisfactory service rating (and an Unsatisfactory or Needs Improvement rating under an approved performance appraisal system) after the employee appeals the service rating to the appointing authority. Some agencies have found that 15 days is an insufficient amount of time to prepare for the hearing. Time is needed to review the appeal, select hearing officers who have had no working contact with the employee, allow time for the hearing officers to review the appeal, secure lists of witnesses to be questioned, schedule the time and place for the hearing, schedule witnesses, conduct the hearing, etc. Also, the change to 30 days will adjust this period to the same amount of time the employee has to appeal in writing to the appointing authority.

Proposed Amendments to Rules 11.7(c) and 11.13(c)

11.7 Use of Annual Leave

(a) ...
(b) ...

(c) Each appointing authority shall select a method to charge the annual leave records of all employees. The minimum charge to annual leave records shall be not less than one-tenth hour (6 minutes) nor more than one-half hour.

(d) ...

11.13 Use of Sick Leave

(a) ...
(b) ...

(c) Each appointing authority shall select a method to charge the sick leave records of all employees. The minimum charge to sick leave records shall be not less than one-tenth hour (6 minutes) nor more than one-half hour.

(d) ...
(e) ...

EXPLANATION

These proposed amendments will give appointing authorities a broader choice of what minimum charge to make to annual and sick leave records. The current rules give a choice between one-half hour and one-tenth hour (six minutes). These amendments will allow other options, such as 10 or 15 minutes. Of course, as before, the proposals would require the appointing authority to use the same method for charging leave records for both annual and sick leave. For example, if one chooses to charge a minimum of 15 minutes, it must apply to both sick and annual leave.

Proposed Amendment to Rule 11.10(a)

11.10 Payment for Annual Leave Upon Separation

(a) Subject to Rule 11.18(a) and sub-section (b) of this rule, each employee upon separation from the classified service shall be paid the value of his accrued annual leave in a lump sum disregarding any final fraction of an hour; provided, that the privileges of this rule shall not extend to any employee who is dismissed for theft of agency funds or property. The payment for such leave shall be computed as follows:

1. ...
2. ...

(b) ...
(c) ...
(d) ...
(e) ...
(f) ...
(g) ...

EXPLANATION

This amendment clarifies that if the proposed amendment to Rule 11.18(a) is adopted, an agency must transfer annual leave rather than pay for it, if there is no break in service.

Proposed Amendment to Rule 11.18(a)

11.18 Cancellation or Continuance of Annual and Sick Leave
(a) When an employee separates from the state classified service, all accrued annual leave except that for which he must be paid and all accrued sick leave shall be canceled; however, if the employee is reemployed or transfers in probational or permanent status without a break in service of one or more working days to another department, all of the employee's annual leave shall be transferred to the hiring agency.

(b) ...
(c) ...
(d) ...
(e) ...

EXPLANATION

It causes a monetary hardship on employees to be paid for up to 300 hours of accrued annual leave, and then, upon being rehired without a break in service of one working day, the value of the annual leave has to be repaid. This is true because taxes are withheld when the losing agency issues a check for the leave. The employee then loses this amount of money. This amendment mandates the losing agency to transfer the annual leave to the hiring agency. In practice, many agencies actually have transferred annual leave in this way so as not to penalize the employee.

Persons interested in making commments relative to these proposals may do so at the public hearing or by writing to the Director of State Civil Service at Post Office Box 94111, Baton Rouge, Louisiana 70804-9111.

If any accommodations are needed, please notify us prior to this meeting.

Sincerely,

Allen H. Reynolds
Acting Director