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478-1.12 SEPARATIONS, SUSPENSIONS AND REDUCTION IN FORCE.
SECTION 12.100. GENERAL PROVISIONS.
PAR. 12.101. Tenure. Permanent status employees may be dismissed from employment or otherwise adversely affected as to compensation or employment status only if such action is taken in accordance with these rules. (Reference: O.C.G.A. 45-20-8) (05-27-93/06-09-93)
PAR. 12.102. Termination Settlement Agreement. (06-26-97/06-30-97)
PAR. 12.102.1. If an employee is terminated and, as a condition of a settlement agreement, the personnel file is to be partially or totally purged, the personnel file and any associated work history records shall be clearly designated with a notation that the file and records have been purged as a condition of a settlement agreement. (Reference: O.C.G.A. 45-1-5) (06-22-00/07-14-00)
PAR. 12.102.2. Such notation shall be disclosed to any subsequent governmental entity seeking information as to the former employee's work history for the sole purpose of making a hiring decision. (06-26-97/06-30-97)
SECTION 12.200. VOLUNTARY SEPARATIONS.
PAR. 12.201. Resignation. The appointing authority shall immediately notify the Commissioner of the resignation of any covered employee. (06-26-97/06-30-97)
PAR. 12.202. Presumptive Resignation. Any employee who is absent from duty for five (5) consecutive workdays or equivalent, without proper authorization thereof, within the discretion of the appointing authority, may be deemed to have resigned voluntarily from employment. The employee shall be notified of the separation in writing. The notice shall include a statement advising that the employee may appeal the separation within the response period specified in Par. 14.214. (09-22-94/10-06-94)
PAR. 12.203. Failure to Return from Leave of Absence. Any employee who fails to return to duty at the expiration of a leave of absence may, in the discretion of the appointing authority, be deemed to have resigned voluntarily from employment. The employee shall be notified of the separation in writing. The notice shall include a statement advising that the employee may appeal the separation within the response period specified in Par. 14.214. (05-24-90/05-30-90)
PAR. 12.204. Suitable Vacancy Not Available. If a suitable vacancy is not available at the expiration of a Contingent Leave of Absence, the appointing authority shall release the employee from employment. Such release shall be deemed a voluntary separation. (09-23-87/11-12-87)
PAR. 12.205. Forfeiture of Position.
PAR. 12.205.1. Any permanent status employee who fails to secure or maintain a license, certificate, or registration required by law or appropriate regulatory authority for the performance of the employee's duties shall, upon termination of employment therefor in accordance with Par. 12.206, be deemed to have voluntarily forfeited employment. (09-23-87/11-12-87)
PAR. 12.205.2. Any permanent status employee who engages in political activity or conflicting employment in violation of Rule 3 shall, upon termination of employment therefor in accordance with Par. 12.206, be deemed to have voluntarily forfeited employment. (09-23-87/11-12-87)
PAR. 12.205.3. Any permanent status employee who has made a false statement of material fact on an application for examination or employment shall, upon termination of employment therefor in accordance with Par. 12.206, be deemed to have voluntarily forfeited employment. (09-23-87/11-12-87)
PAR. 12.206. Effectuation of Forfeiture of Employment.
PAR. 12.206.1. To effectuate forfeiture of employment, the appointing authority shall comply with the provisions of Section 15.300. (06-26-97/06-30-97)
PAR. 12.206.2. Employee Response Procedure. The employee response procedure shall be as specified in Section 15.400. (06-26-97/06-30-97)
PAR. 12.206.3. The appointing authority may effectuate immediate forfeiture of employment of any employee if retention of the employee to perform the employee's normal duties would violate any state or federal law, or regulations which have the force and effect of law. The notice of forfeiture of employment under this paragraph is the final action and must include the same items required under Par. 15.501. It must also include a statement explaining why this paragraph was invoked. (06-26-97/06-30-97)
PAR. 12.206.4. The appointing authority shall report a forfeiture of position to the Commissioner as provided in Section 13.100. (06-26-97/06-30-97)
PAR. 12.207. Release from Employment. An employee who is absent from duty for five (5) consecutive workdays or equivalent after all sick and annual leave is used may, in the discretion of the appointing authority, be released from employment. Such release shall be deemed a voluntary separation. (09-23-87/11-12-87)
SECTION 12.300. INVOLUNTARY SEPARATIONS.
PAR. 12.301. Separation of Working Test Employees.
PAR. 12.301.1. Except as provided in Par. 10.205.3, an employee serving a working test period following interdepartmental transfer may be separated from employment by the appointing authority at any time during the working test period. The employee shall be notified in writing of the separation but the separation cannot be appealed except as otherwise provided in these rules. The notice of separation shall be provided to the employee no later than the calendar day prior to the effective date of separation. (06-27-96/09-20-96)
PAR. 12.301.2. An employee serving a working test period as a result of a promotion in the same department may be dismissed as provided in Rule 15. (06-26-97/06-30-97)
PAR. 12.302. Reserved. (06-27-96/09-20-96)
PAR. 12.303. Dismissal of a Permanent Employee. A permanent employee may be dismissed as provided in Rule 15. (12-14-84/12-27-84)
SECTION 12.400. OTHER SEPARATIONS.
PAR. 12.401. Death. The appointing authority shall report the death of a covered employee to the Commissioner as provided in Rule 13. (03-30-77/04-08-77)
PAR. 12.402. Retirement. The appointing authority shall report the retirement of a covered employee to the Commissioner as provided in Rule 13. (03-30-77/04-08-77)
SECTION 12.500. SUSPENSION.
PAR. 12.501. Suspension With Pay.
PAR. 12.501.1. An appointing authority may suspend an employee with pay for investigation of alleged misconduct. The employee shall be notified, in writing, of the suspension. (06-22-00/07-14-00)
PAR. 12.501.2. An appointing authority may, by written notice to the employee, suspend an employee with pay during the period of notice of separation while on working test, reduction in force, or proposed adverse action if such suspension is in the best interest of the service. The notice of suspension with pay may be included in the notice of separation, reduction in force or proposed adverse action. (06-22-00/07-14-00)
PAR. 12.501.3. An appointing authority may, by written notice to the employee, suspend an employee with pay during the period between the arrest or indictment of the employee on a criminal charge and the disposition of the charge, or the appointing authority may take such other action as may be authorized by these rules and regulations or by law. (06-22-00/07-14-00)
PAR. 12.501.4. Upon adoption of a written policy, an appointing authority may suspend an employee with pay for alleged unfitness to perform assigned duties where the alleged unfitness creates the potential for harm to the employee, co-workers, or others. During such period of suspension with pay, the employee may be directed to undergo a medical and/or psychiatric examination at the expense of the department. Any period of suspension for alleged unfitness to perform assigned duties must be approved by the appointing authority and shall not exceed forty-five (45) calendar days. (06-22-00/07-14-00)
PAR. 12.501.5. As a final step in a disciplinary process leading toward termination, an employee may be directed to be absent from duty in order to consider if continuation of employment is appropriate. Such absence shall be considered a disciplinary suspension of one (1) work day and shall be with pay. (03-27-97/04-09-97)
PAR. 12.502. Suspension Without Pay.
PAR. 12.502.1. A permanent employee, or an employee serving a working test period as a result of a promotion or interdepartmental transfer under Rule 10, may be suspended without pay as provided in Rule 15. (06-26-97/06-30-97)
PAR. 12.502.2. A permanent or working test employee may be suspended without pay for failure to secure or maintain a license or certificate required by law, regulatory authority or the appointing authority. The employee may be maintained in suspension without pay status during a period of notice of proposed forfeiture of position, provided that the total period of suspension shall not exceed thirty (30) calendar days. (06-27-96/09-20-96)
SECTION 12.600. REDUCTION IN FORCE.
The appointing authority may lay off, furlough or reduce the time status of an employee whenever such action is necessary by reason of shortage of work or funds, abolition of a position, other material change in duties or organization, or otherwise. The order in which an employee is to be laid off, furloughed or demoted shall be determined by the appointing authority in accordance with the provisions of Rule 19. An employee being separated by reduction in force shall be notified of the action as provided in Par. 19.105. (06-26-97/06-30-97)
Authority O.C.G.A. 45-20-3; O.C.G.A. 45-20-3.1; O.C.G.A. 45-20-4.
