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478-1-.15Changes to Employment Status
(1) Promotions.
A promotion is the advancement of an employee to a position on a higher pay grade. An agency may fill a vacancy by promoting an employee determined to be qualified for the designated job.
(2) Demotions.
A demotion is the reduction of an employee to a position in a job on a lower pay grade. Demotions may be voluntary or involuntary as long as the agency determines that the employee is qualified for the position to which they are being demoted.
(a) Voluntary Demotion. An agency may demote an employee who, for personal or other reasons, prefers to be assigned to a position of a lower pay grade. An employee who wants to be demoted must make the request to the agency in writing.
(b) Involuntary Demotion. An employee may be demoted if the agency determines it is in the best interest of the agency.
(3) Transfer to a Position of the Same Job.
An agency may fill a vacancy at any time by transferring a qualified employee from another position of the same job, as long as such transfer is not otherwise prohibited by this Rule.
(4) Transfer to a Position of a Different Job.
An employee may be transferred to any vacancy in another job on the same pay grade as long as they meet the qualifications for the job, including any applicable performance test.
(5) Relocations.
An employee may be relocated from one duty station to another as a result of transfer, promotion, demotion, or relocation of function by an agency. If the costs of relocation are reimbursable under regulations established by the Office of Planning and Budget, the relocation must be made in accordance with the provisions of the Office of Planning and Budget Relocation policy.
(6) Suspensions.
Each agency must establish a policy proscribing general circumstances under which an employee may be suspended with or without pay and the general length of time for which the suspension may be in effect.
(a) Suspension with Pay. An agency may suspend an employee with pay if it is determined by the agency to be in the best interest of the agency. A written notice must be provided to the employee.
(b) Suspension without Pay. A suspension without pay for disciplinary purposes should be proportional to the offense and should not exceed 30 calendar days for any one offense, or for multiple offenses arising out of the same incident. A suspension without pay due to a pending criminal court action should not exceed the period of time necessary for the disposition of the action. At the end of suspension period, the employee should be returned to duty or terminated in accordance with other sections of these Rules. If the disposition of the criminal action does not include any penalty to the employee, the employee should be returned to pay status.
(7) Voluntary Separations.
An agency may consider an employee to have voluntarily resigned from employment with the agency when:
(a) Employee is absent from duty for 3 consecutive workdays or equivalent without proper authorization.
(b) Employee fails to return from approved leave
(c) A suitable vacancy is not available at the expiration of a contingent leave of absence
(d) An employee fails to secure or maintain license or certification as required for the duties of the position
(e) False statements of material fact on an application for examination or employment
(8) Involuntary Separations.
An agency may terminate an employee as deemed necessary to meet the needs of the agency and in keeping with State and Federal laws and guidelines. Classified employees see 478-1-24
(9) Staff Reduction and Recall.
At times, a staff reduction is necessary due to lack of work, lack of funds, economic slowdowns, technological or structural changes in the agency's operations, or because a staff reduction is determined to be necessary to ensure the financial health and viability of the agency. After a layoff or reduction in force, the agency can determine, at its discretion, the order of recalling some or all of the laid-off employees. Classified employees see 478-1-24.
