General Circular No. 001344
To: Heads of State Agencies and Human Resource Directors
Subject: Proposed Changes To Civil Service Rules
Issue Date: March 9, 1999
The State Civil Service Commission will hold a public hearing on April 7, 1999 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. Amendments to Rules 6.25 and 11.29 cannot become effective until approved by the Governor.
The following will be considered at the meeting:
AMEND RULE 6.25(c) AND ADOPT SUBSECTIONS (d) and (e)
6.25 Caps on Accumulation of Compensatory Leave and Payment for Exceeding Caps
(a) and (b) ...
(c) Compensatory leave earned hour for hour may be accrued in excess of 360 hours, but not more than a total of 360 such hours shall be carried forward from one calendar year to the next. However, an appointing authority may request an exception to this subsection to maintain essential services necessary to preserve the life, health or welfare of the public. This exception may ask that up to a total of 540 such hours be carried forward to the next calendar year. Such a request is subject to approval by the Commission.
(d) Payment shall be made no later than January 1 of each year for compensatory leave that exceeds 360 hours and was earned hour for hour at GS-12 and below in the General Schedule and MS-56 and below in the Medical Schedule. Such payment shall be at the employee's regular rate, excluding premium pay, shift differential and non-cash compensation. If an exception has been approved in accordance with subsection (c) of this rule, any compensatory leave over that approved maximum number of hours shall be paid no later than January 1 of each year.
(e) Payment for compensatory leave upon separation or transfer is covered in Rule 11.29.
EXPLANATION
This amendment would insure payment no later than January 1 of each year, for hour for hour compensatory leave accumulated over 360 hours and earned at GS-12 and below and MS-56 and below. Currently, such leave may be canceled. An exception is provided for leave necessary to maintain essential services necessary to preserve the life, health or welfare of the public.
AMEND RULE 8.10.01
8.10.01 Temporary Staffing Services Employee
(a) ....
(1) ...
(2) ...
(3) ...
(4) ...
(b) and (c) ...
(d) REPEAL
(e) ...
EXPLANATION
The repeal of subsection (d) is proposed. That subsection reads as follows: "A temporary staffing services employee who has worked for the state over 520 work hours in a twelve-month period, shall not be hired within that twelve-month period on a temporary classified appointment, other than a provisional appointment."
The pilot has revealed that this provision is unnecessarily burdensome and confusing as it provides for a second cap on hours in addition to the 680 work hour cap in a twelve-month period. Originally we were concerned that an individual could remain an unduly long time at an agency in temporary status - first on contract and then on a restricted or job appointment. However, it is not uncommon for a temporary need to exist longer than 680 work hours (17 regular 40-hour workweeks). Repealing this subsection would allow an agency to retain such a temp on a classified temporary appointment if there is a need. The pilot agencies have requested this.
AMEND RULE 11.29(e)
11.29 Compensatory Leave
(a) through (d) ...
(e) Upon separation or transfer from a department, the following shall apply to compensatory leave balances:
1. ...
2. Payment or Cancellation of Hour for Hour Compensatory Leave Upon Separation or Transfer
a. All unused compensatory leave earned hour for hour at GS-13 and above in the General Schedule and MS-57 and above in the Medical Schedule may be paid upon separation or transfer from the department in which he earned it at the final regular rate received by the employee, excluding premium pay, shift differential and non-cash compensation.
b. All unused compensatory leave earned hour for hour at GS-13 and above in the General Schedule and MS-57 and above in the Medical Schedule, if not paid to the employee upon separation or transfer, shall be canceled upon separation or transfer from the department in which he earned it. Such leave shall not be recredited to him upon his reemployment in that or any other department.
c. Upon separation or transfer, unused compensatory leave earned hour for hour at GS-12 and below in the General Schedule and MS-56 and below in the Medical Schedule shall be paid at the final regular rate received by the employee, excluding premium pay, shift differential and non-cash compensation in accordance with the following schedule. All additional such unused leave may be paid or canceled and shall not be recredited to him upon his reemployment in that or any other department.
90 hours must be paid after January 1, 2000
180 hours must be paid after January 1, 2001
270 hours must be paid after January 1, 2002
360 hours must be paid after January 1, 2003
450 hours must be paid after January 1, 2004
All hours must be paid after January 1, 2005
(f) through (j) ...
EXPLANATION
This amendment would keep optional either payment for or cancellation of hour for hour compensatory leave for GS-13 and above and MS-57 and above upon separation or transfer; however, it would transition in over several years a schedule for mandatory payment for such leave for GS-12 and below and MS-56 and below.
AMEND RULE 14.1(c)
14.1 Prohibited Activities.
(a) and (b) ...
(c) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in a position in the classified service, except as services may be provided pursuant to a temporary staffing services contract with the State as approved by the Director pursuant to these rules.
(d) through (p) ...
EXPLANATION
This proposed amendment would remove the last sentence of subsection (c) which applies only to the pilot period which began the use of the state contract for temporary staffing services employees. The sentence proposed for repeal reads as follows: "Only state agencies approved by the Director as pilot agencies shall enter into such a contract." Removal of this provision would coincide with the end of the pilot and would open up use of the contract to all state agencies.
Persons interested in making comments 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
Director