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superseded all prior filings for the sections in former Chapters Per 100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amendments Per 100, and superseded the Per 100 as filed in Document #5373.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amendments Per 200 through Per 1500, and superseded Per 200 through Per 1500 as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substantive change Per 200 through Per 1500 as interim rules, and superseded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.
REVISION
NOTE #4 (2023 Revisions):
Document
#13667, effective 6-22-23, adopted, repealed, readopted with amendment, or
readopted with amendment and renumbered various definitions in Part Per 102
titled “Definitions”. These actions
necessitated the renumbering of other existing definitions in Part Per 102 that
were not in Document #13667. The former
rule numbers for the renumbered rules are indicated in the source notes. Italics indicate rules which will not expire
except pursuant to RSA 541-A:17, II.
Document
#13667 readopted with amendment, or readopted with amendment and renumbered,
the following definitions:
Per
102.15 “Classification” (formerly Per
102.17)
Per
102.18 “Compensation” (formerly Per
102.19)
Per
102.22 “Director”
Per
102.39 “Job series” (formerly Per 102.37
“Labor grade”)
Per
102.46 “Minimum qualifications”
(formerly Per 102.41)
Per
102.56 “Pay increment” (formerly Per 102.58 “Salary increment”)
Document
#13667 adopted the following new definitions:
Per 102.10
“Broad group”
Per 102.11
“Broad group level advancement”
Per 102.12
“Broad group specification”
Per
102.16 “Classification system”
Per 102.19
“Competitive promotion”
Per 102.33
“Factor”
Per 102.36
“In-band advancement”
Per 102.40
“Job title”
Per 102.43
“Level
Per 102.45
“Major group”
Per 102.47
“Minor group”
Per
102.49 “Occupational information
network”
Per 102.53
“Pay assignment”
Per 102.54
“Pay assignment change”
Per 102.56
“Pay band”
Per 102.72
“Standard occupational classification system”
Per 102.81
“Trainee”
Per 102.86
“Working title”
Document
#13667 repealed the following existing definitions
Per 102.03
“Allocation”
Per 102.13
“Class or class title”
Per 102.14
“Class evaluation”
Per 102.15
“Class series”
Per
102.16 “Class specification”
Per
102.49 “Reallocation”
Per 102.57 “Salary grade”
The
prior filings beginning with Document #5373, effective 4-27-92, which affected
the repealed rule Per 102.03 included the following documents:
#5373, eff 4-27-92
#6729, eff 4-21-98
#8735, eff 10-18-06
#10801, eff 5-17-15
#5373, eff 4-27-92
#6729, eff 4-21-98
The
prior filings beginning with Document #5373, effective 4-27-92, which affected
the repealed rule Per 102.49 included the following documents:
#5373, eff 4-27-92
#6729, eff 4-21-98
#10238,
eff 3-18-13 (renumbered only)
#10801,
eff 5-17-15 (renumbered only)
The
prior filings beginning with Document #5373, effective 4-27-92, which affected
the repealed rule Per 102.57 included the following documents:
#5373, eff 4-27-92
#6729, eff 4-21-98
#8735, eff 10-18-06
#10238,
eff 3-18-13 (renumbered only)
#10801,
eff 5-17-15 (renumbered only)
PART Per 101
PURPOSE AND SCOPE
Per 101.01 Purpose. The purpose of these rules is to implement
RSA 21-I:42-56 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 use of accepted methods for the recruitment,
appointment, assignment, retention, 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 job classification plan 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 their 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, assignment, 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. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #14441, eff 12-1-25
Per 101.02 Scope.
(a) Unless
otherwise specified, theses
rules shall apply to full-time classified state employees.
(b) In the case
of a conflict between these rules and any terms and conditions of employment
that are negotiated between the state and an employee organization, the
provisions of the applicable collective bargaining agreements shall control.
(c) In
accordance with 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 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. #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; ss by #14441, eff 12-1-25
Per 101.03 Internal
Agency Policies.
(a) Appointing
authorities shall submit to the director for approval any proposed internal
agency personnel policy that authorizes dismissal without prior
warning for violation of such policy.
(b) All
policies authorizing termination for cause without prior
warning shall comport with Per 1003.03 through Per 1003.08, regarding
termination for cause.
(c) The
director shall investigate, review, and comment on these policies in accordance
with RSA 21-I:42, IV(f).
(d) No
appointing authority shall enforce a policy proposed under (a), above, without
having first received written approval from the director, in accordance with
the director’s authority under RSA 21-I:42, XV.
Source. #5373, eff
4-27-92; ss by #6729, eff 4-21-98; amd by #10801, eff
5-17-15; ss by #14441, eff 12-1-25
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
“Academic credit” means the unit of measurement awarded by an accredited
institution of post-secondary education where one credit represents a minimum
of 45 hours of learning in a subject matter accomplished through any
combination of classroom instruction and independent study.
Source.
#14132-A, eff 11-27-24; ss by #14434, eff 12-1-25
Per 102.02 “Accountability” means a specific duty or responsibility
anticipated to be performed for 10 percent or more of the total working time of
a position, with a stated end result against which the
employee's performance will be evaluated.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #14132-A; ss by #14434 (formerly Per 102.03), eff 12-1-25
Per 102.03
“Accredited institution” means an institution providing post-secondary
education that is recognized as accredited in the applicable discipline by the
United States Department of Education, the Council for Higher Education
Accreditation, or the NH department of education.
Source. #14132-A, eff
11-27-24; ss by #14434 (formerly Per 102.02), eff 12-1-25
Per 102.04
“After-hire requirements” means requirements for satisfactory
performance of the essential job functions of a position, as established on the
broad group specification and supplemental job description, required to be
completed or achieved within 12 months of hire into a position, such as
mandatory training or certification.
Source.
#14132-A, eff 11-27-24; ss by #14434, eff 12-1-25
Per 102.05 “Agency” means “agency” as defined in RSA 21-G:5, IV,
reprinted in Appendix B.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #14132-A; ss by #14434, eff 12-1-25
Per 102.06
“Anniversary date” means the most recent hire date of an employee.
Source. #14434, eff 12-1-25
Per 102.07
“Annual leave” means time off for vacation or other personal reasons.
Source. #5373, eff
4-27-92; ss by #6729, eff 4-21-98; ss
by #10801, eff 5-17-15; renumbered by
#13667 (formerly Per 102.04); renumbered
by #14132-A; ss by #14434 (formerly Per 102.06), eff 12-1-25
Per 102.08
“Appeal” means the formal process specified in RSA 273-D for
adjudication, before the personnel appeals board regarding the application of
these rules.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #13667
(formerly Per 102.05); renumbered by #14132-A; ss by #14434 (formerly Per 102.07), eff 12-1-25
Per
102.09 “Applicant”
means an individual who has submitted an application
for employment in the classified system.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10238, eff 3-18-13; renumbered by #13667
(formerly Per 102.06); renumbered by #14132-A; ss by #14434 (formerly Per
102.08), eff 12-1-25
Per 102.10 “Appointing authority” means the officer, director, board,
commission, person, or designee, within an agency having the power to make
appointments or assignments in the state classified service.
Source. #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; renumbered by #13667
(formerly Per 102.07); renumbered by #14132-A; ss by #14434 (formerly Per
102.09), eff 12-1-25
Per 102.11
“Assignment” means the designation of a qualified candidate to a
specific position. The term includes “appointment.”
Source. #14434, eff
12-1-25
Per 102.12 “Board” means the New Hampshire personnel appeals board.
Source. #5373, eff
4-27-92; ss by #6729, eff 4-21-98;
renumbered by #13667 (formerly Per 102.08); renumbered by #14132-A; ss by #14434 (formerly
Per 102.10), eff 12-1-25
Per 102.13 “Bargaining unit” means a collective bargaining unit
determined under RSA 273-A:8 with which the state conducts periodic
negotiations through the exclusive representative of that bargaining unit
certified as such by the public employee labor relations board.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98;
renumbered by #13667 (formerly Per 102.09); renumbered by #14132-A; ss by #14434 (formerly Per
102.11), eff 12-1-25
Per 102.14 “Basic work period” means either a period of 37 ½ hours or
40 hours in a one-week period, during which a full-time employee performs
regular duties or such alternative work periods specified in any collective
bargaining agreement and authorized under the Fair Labor Standards Act.
Source. #14434, eff
12-1-25
Per
102.15 “Broad group” means the
occupational level of a position established by the national Standard
Occupational Classification (SOC) System, which falls within the SOC major and
SOC minor group levels, but above the detailed occupational level, and which is
used in the NH classification system for describing positions in the classified
service.
Source. #13667, eff 6-22-23; renumbered by #14132-A; ss by #14434 (formerly Per 102.13), eff
12-1-25
Per
102.16 “Broad group level advancement”
means a career progression through one or more levels within a job series
resulting in the assignment of a new job title and pay band.
Source. #13667,
eff 6-22-23; renumbered by #14132-A; ss by #14434 (formerly Per 102.14), eff 12-1-25
Per
102.17 “Broad group specification” means
a document containing a description of an occupation and the typical tasks,
knowledge, skills, and abilities, as well as the applicable minimum
qualifications and factor ratings, applying to job titles within a broad
group. The term includes “class
specification.”
Source. #13667,
eff 6-22-23; renumbered by #14132-A; ss by #14434 (formerly Per 102.15), eff 12-1-25
Per 102.18
“Bumping” means the process by which an employee with greater seniority
can displace a less senior employee during layoffs.
Source. #14434, eff
12-1-25
Per 102.19 “Candidate” means an
applicant whose application for employment is certified as meeting the minimum
qualifications of the broad group specification and supplemental job
description of the position for which the applicant has applied.
Source. #5373, eff
4-27-92; ss by #6729, eff 4-21-98; ss
by #10801, eff 5-17-15; renumbered by
#13667 (formerly Per 102.11); renumbered
by #14132-A; ss by #14434 (formerly
Per 102.16), eff 12-1-25
Per 102.20
“Certification” means the process by which an applicant is determined to
have met the minimum qualifications for a position in the classified service as
stated on the broad group specification and supplemental job description.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15; renumbered by #13667
(formerly Per 102.12); ss by #14132-A,
eff 11-27-24 (formerly Per
102.14); ss by #14434 (formerly Per 102.17), eff 12-1-25
Per 102.21
“Classification” means the assignment of a job title, and the associated pay schedule
and pay band, to a position within the classification system. The term includes “allocation.”
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #13667, eff 6-22-23
(formerly Per 102.17); renumbered
by #14132-A; ss by #14434 (formerly Per 102.18), eff 12-1-25
Per 102.22
“Classification system” means the processes, policies, and procedures
specific to the classification and pay assignment of all positions in the
classified service in the state of New Hampshire and not including unclassified
or non-classified positions.
Source. #13667,
eff 6-22-23; renumbered by #14132-A; ss by #14434 (formerly Per 102.19), eff
12-1-25
Per 102.23 “Collective bargaining agreement” means an agreement
authorized by RSA 273-A:9 between the state and one or more bargaining units.
Source. #5373, eff
4-27-92; ss by #6729, eff 4-21-98; ss by #13667, eff 6-22-23
(formerly Per 102.18); renumbered
by #14132-A; ss by #14434 (formerly Per
102.20), eff 12-1-25
Per 102.24
“Commissioner” means the commissioner of the department of
administrative services.
Source. #14434, eff
12-1-25
Per 102.25
“Compensation” means a schedule of pay for a major group, as defined in
these definitions, or any subset of a major group, established in accordance
with RSA 99, consisting of a minimum through maximum rate of pay for each pay
band established for a major group. The term includes “pay.”
Source. #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; ss by #13667, eff 6-22-23
(formerly Per 102.19); renumbered
by #14132-A; ss by #14434 (formerly Per
102.21), eff 12-1-25
Per 102.26
“Compensatory time” refers to the practice of offering time off to an
employee instead of payment. Instead of receiving additional pay
for the extra time worked, the employee receives equivalent time off at a later date.
Source. #14434, eff 12-1-25
Per 102.27
“Competitive promotion” means a change in job title and placement within
a pay band with a higher minimum rate of pay, resulting from selection of the
employee at the conclusion of a competitive recruitment process.
Source. #13667,
eff 6-22-23; renumbered by #14132-A; ss by #14434 (formerly Per 102.22), eff 12-1-25
Per 102.28
“Confidential employee” means an employee who formulates, develops, or
implements management policies in the field of labor or personnel relations, an
employee who assists in such activities, or an employee who has access to
information subject to use by the employer in collective bargaining and who, as
a result of such activities, is not considered a public employee under RSA
273-A:1, IX(c) and is therefore excluded from any bargaining unit.
Source. #14434, eff
12-1-25
Per 102.29 “Demotion” means a transfer of an employee from one position
to another position having a pay band with a lower step 1 rate.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #14132-A; ss by #14434 (formerly Per
102.23), eff 12-1-25
Per 102.30
“Dependent care” means sick leave used to care for the employee’s family
member when that individual is ill or injured and who is dependent on others
for part or all of the activities of daily living.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15; renumbered by #14132-A; ss by #14434 (formerly Per
102.24), eff 12-1-25
Per 102.31 “Director” means the director of the division of personnel
or their designee.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #13667, eff 6-22-23; renumbered
by #14132-A; ss by #14434 (formerly Per 102.25), eff 12-1-25
Per 102.32
“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. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #14132-A; ss by #14434 (formerly Per
102.26), eff 12-1-25
Per 102.33
“Division” means the division of personnel.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #14132-A; ss by #14434 (formerly Per 102.28), eff 12-1-25
Per 102.34
“Earned rating” means a grade or score on an examination given for the
purpose of establishing eligibility for a classified position.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #14132-A; ss by #14434 (formerly Per
102.29), eff 12-1-25
Per 102.35
“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. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #14132-A; ss by #14434 (formerly Per
102.30), eff 12-1-25
Per
102.36 “Employee” means a person working
full-time in the state classified service whose assignment to work has been approved by the appointing authority and the
director.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15; renumbered by #14132-A; ss by #14434 (formerly Per
102.32), eff 12-1-25
Per
102.37 “Examination”
means a written test or practical performance test designed to assure that an applicant possesses the ability
to perform the duties for a particular classification.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #14132-A; ss by #14434 (formerly Per
102.33), eff 12-1-25
Per
102.38 “Exempt
employee” means an employee who is exempt under the Fair Labor Standards Act
from time and one-half for overtime.
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #14132-A; ss by #14434 (formerly Per
102.34), eff 12-1-25
Per
102.39 “External candidate” means a
person not employed by the state of New Hampshire in the classified system at
the time of application for employment.
Source. #10801,
eff 5-17-15; renumbered by #14132-A; ss by #14434 (formerly Per
102.35), eff 12-1-25
Per 102.40 “Factor” means a universal
component, feature, or attribute applicable to all occupations that can be
assessed and compared to a standard in order to rate a
job title for a pay band placement or to classify a position in an appropriate
level within a broad group.
Source. #13667,
eff 6-22-23 (see Revision Note #4
at chapter heading for Per 100); renumbered by #13667 (formerly
Plc 102.31); renumbered by #14132-A; ss by #14434 (formerly Per
102.36), eff 12-1-25
Per
102.41 “Family
member” means 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. #14434, eff 12-1-25
Per
102.42 “Full-time basis” mean “full-time
basis” as defined in RSA 98-A:1, IV, reprinted in Appendix B.
Source. #14434, eff 12-1-25
Per
102.43 “Full-time employee” means an
employee who works on a full-time basis.
Source. #14434, eff
12-1-25
Per
102.44 “Human
resources management system” means the statewide electronic system of record
used by the state to track human resources functions such as recruitment,
hiring, compensation, and other matters addressed in these rules.
Source. #10238,
eff 3-18-13; renumbered by #10801 (from
Per 102.32); renumbered by #13667
(formerly Per 102.33); renumbered by #14132-A; ss by #14434 (formerly Per 102.37), eff 12-1-25
Per
102.45 “In-band advancement” means an
increase in pay within a pay band, with no change in job title or position
number, awarded upon satisfaction of criteria specific to the job title and
separate from an increment resulting under Per 901.03.
Source. #13667,
eff 6-22-23 (see Revision Note #4
at chapter heading for Per 100); renumbered
by #14132-A; ss by #14434 (formerly Per 102.39), eff 12-1-25
Per
102.46 “Increment
date” means the date on which an employee is eligible for an increase in pay by
advancing from one step to the next within the established pay range for their position.
Source. #10801,
eff 5-17-15; renumbered by #13667 (formerly Per 102.35); renumbered by #14132-A; ss by #14434 (formerly Per 102.40), eff 12-1-25
Per
102.47 “Institutional employee” means an
employee who has regular, direct contact with inmates or patients in a
correctional facility, hospital, or similar institution.
Source. #14434, eff
12-1-25
Per
102.48 “Job series” means 2 or more job
titles within the same broad group. The
term includes “class series.”
Source. #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); ss by #13667, eff 6-22-23 (formerly Per 102.37); renumbered by #14132-A; ss by #14434 (formerly Per 102.42), eff
12-1-25
Per
102.49 “Job title” means the official
title describing a position and indicating the assigned broad group and level.
The term includes “class,” “class title,” and “classification title.”
Source. #13667,
eff 6-22-23; renumbered by #14132-A; ss by #14434 (formerly Per
102.43), eff 12-1-25
Per
102.50 “Layoff” means the complete
separation of a full-time 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 that reflects no discredit on the employee.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.38); renumbered
by #14132-A; ss by #14434 (formerly Per 102.44), eff 12-1-25
Per
102.51 “Layoff
recall” means appointment or assignment by the appointing authority of a laid
off former full-time employee to a position in the same classification and in
the same agency in which that employee was employed prior to a layoff.
Source. #14434, eff
12-1-25
Per
102.52 “Leave accrual date” means the
anniversary 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; ss by #13667, eff 6-22-23 (formerly Per 102.39); renumbered by #14132-A; ss by #14434 (formerly Per 102.45), eff
12-1-25
Per
102.53 “Level” means a number indicating
placement within the hierarchy of a job series reflecting the increasing
complexity, job responsibility, and minimum qualifications within the job
series.
Source. #13667,
eff 6-22-23; renumbered by #14132-A; ss by #14434 (formerly Per 102.46), eff 12-1-25
Per
102.54 “List” means a complete list of
permanent, temporary and part-time employees, including each employee's name
and business number.
Source. #14434, eff
12-1-25
Per
102.55 “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. #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); ss by #13667, eff 6-22-23
(formerly Per 102.40); renumbered
by #14132-A; ss by #14434 (formerly Per
102.47), eff 12-1-25
Per
102.56 “Major group” means an
occupational grouping of job titles in the same general occupation or field
that perform related work and similar functions, and which aligns with the
national Standard Occupational Classification (SOC) System’s use of the same
term.
Source. #13667,
eff 6-22-23; renumbered by #14132-A; ss by #14434 (formerly Per 102.48), eff 12-1-25
Per
102.57 “Memo of counsel” means any
non-disciplinary written communication from an appointing authority, or any
person having supervisory authority, to an employee, regardless of the title of
that written communication, regarding the employee’s conduct or performance,
and which is placed in the employee’s file.
Source. #14065-A, eff 8-23-24; renumbered by #14132-A; ss by #14434 (formerly Per 102.49), eff 12-1-25
Per
102.58 “Minimum qualifications” means
the requirements for education, experience, licensure, certification,
or other occupational credential, or other requirements for satisfactory
performance of the essential job functions of a position, such as, but not
limited to, successful participation in a state examination, minimum age,
physical ability, specific training, and work availability, established on the broad group specification and
supplemental job description for a given position.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.41); renumbered by #14065-A;
ss by #14132-A, eff 11-27-24 (formerly Per 102.47); ss by #14434 (formerly Per 102.50), eff 12-1-25
Per
102.59 “Minor group” means a subdivision
of a major group that contains job titles within a more specific occupational
area grouped together on the basis of similar skills,
education, training, and credentials, and which aligns with the national
Standard Occupational Classification (SOC) System’s use of the same term.
Source. #13667,
eff 6-22-23; renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.51), eff 12-1-25
Per
102.60 “Nonstandard work period” means
the weekly time period completed by a full-time
employee who works other than the standard Monday
through Friday week.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.42); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per 102.52), eff
12-1-25
Per
102.61 “Occupational information
network” means a free online database that contains standard occupational
definitions and is available at O*NET OnLine, https://www.onetonline.org. The term
includes “O*NET.”
Source. #13667, eff 6-22-23; renumbered by #14065-A; renumbered
by #14132-A; ss by #14434 (formerly Per 102.53), eff 12-1-25
Per
102.62 “Outside recruitment” means the
process of filling a vacant position by recruiting potential employees outside
current employees of the state.
Source. #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); ss by #13667, eff 6-22-23 (formerly Per 102.43);
renumbered by #14065-A; renumbered
by #14132-A; ss by #14434 (formerly Per
102.54), eff 12-1-25
Per
102.63 “Overtime”
means time actually worked and any time defined as
“time worked” pursuant to any applicable collective bargaining agreement for
which payment at a rate not less than time and one-half an employee’s regular
rate of pay for the job being performed is required under the Fair Labor Standards
Act or any applicable collective bargaining agreement.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.44); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.55), eff
12-1-25
Per
102.64 “Part-time basis” means
“part-time basis” as defined in RSA 98-A:1, V, reprinted in Appendix B.
Source. #14434, eff 12-1-25
Per
102.65 “Part-time
employee” means an individual who works on a part-time basis.
Source. #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); ss by #13667, eff 6-12-23
(formerly Per 102.45); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.56), eff
12-1-25
Per
102.66 “Pay assignment” means the
assignment of a specific pay schedule and pay band to a job title.
Source. #13667,
eff 6-22-23; renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.57), eff 12-1-25
Per 102.67 “Pay
assignment change” means a change in a pay schedule or pay band assigned to a
position based on a change in job duties or an assessment of the comparative
rates of pay in the job market.
Source. #13667,
eff 6-22-23; renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.58), eff 12-1-25
Per
102.68 “Pay band” means a range of pay
established for a group of job titles. The term includes “labor grade” and
“salary grade.”
Source. #13667,
eff 6-22-23; renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.59), eff 12-1-25
Per
102.69 “Pay 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. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #8735, eff 10-18-06; renumbered by #10238 (from Per 102.51); ss by #10801, eff 5-17-15 (from Per 102.52); ss by #13667, eff 6-22-23 (formerly Per 102.58); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.60), eff 12-1-25
Per
102.70 “Per diem” means a worker who is
employed on an as-needed basis, typically working intermittently or
occasionally, and is paid a daily or hourly rate.
Source. #14434, eff
12-1-25
Per
102.71 “Permanent employee” means “permanent employee” as defined in RSA 98-A:1, III,
reprinted in Appendix B.
Source.
#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); ss by #13667, eff 6-22-23 (formerly Per 102.46); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per
102.61), eff 12-1-25
Per
102.72 “Probationary
period” means the first 12 months in a single position following an employee’s
initial assignment into the state classified system on a full-time basis or
following the employee’s most recent rehire, during which time 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. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; renumbered by #10238 (from Per 102.42); renumbered by #10801 (from Per 102.47); ss by #13667, eff 6-22-23
(formerly Per 102.47); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per 102.62), eff
12-1-25
Per
102.73 “Promotion”
means the transfer of an employee from one position to another position having
a pay band with a higher step 1 rate.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.48); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.63), eff 12-1-25
Per
102.74 “Qualified
candidate” means an applicant who has been certified as meeting the minimum
qualifications, including but not limited to education and experience
requirements, stated on a broad group specification and supplemental job
description and who, if applicable to the position to which the applicant has
applied, has received a passing earned rating.
Source. #14434, eff
12-1-25
Per
102.75 “Reassignment”
means the transfer of an employee from a full-time position in a specific job
title to another full-time qualified position with the same job title.
Source. #10801,
eff 5-17-15; ss by #13667, eff 6-22-23 (formerly Per 102.50); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per
102.64), eff 12-1-25
Per
102.76 “Reclassification” means an act
of the director to change the job title or pay assignment of a position or
group of positions as a result of a change in job
duties. The term includes “reclass.”
Source. #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) ss by #13667, eff 6-22-23
(formerly Per 102.63); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.66), eff 12-1-25
Per
102.77 “Reduction in force” means a
condition in which the total number of employees within an agency is reduced
due to a layoff.
Source. #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) ss by #13667, eff 6-22-23
(formerly Per 102.64); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.66), eff 12-1-25
Per
102.78 “Reemployment”
means the assignment by the appointing authority of a laid off former full-time
employee who was laid off more than 3 years ago or a full-time 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; ss by #13667, eff 6-22-23 (formerly Per 102.52); renumbered by #14065-A; ss by #14132-A, eff 11-27-24
(formerly Per 102.63); ss by #14434 (formerly Per 102.68), eff
12-1-25
Per
102.79 “Reinstatement” means the assignment by the appointing authority of a
laid off former full-time employee who was laid off more than 3 years ago or a
full-time employee who was demoted in lieu of layoff to their previous
position.
Source. #14434, eff 12-1-25
Per
102.80 “Rehire”
means employment of a former permanent classified employee after a separation
from service.
Source. #10801,
eff 5-17-15; ss by #13667, eff 6-22-23 (formerly Per 102.55); renumbered by #14065-A; renumbered by #14132-A); ss by #14434 (formerly Per 102.69), eff 12-1-25
Per 102.81
“Relevant education” means education that is applicable to the duties,
knowledge, or skills required by a specific job or position.
Source. #14132-A,
eff 11-27-24; ss by #14434 (formerly Per 102.70), eff
12-1-25
Per 102.82
“Relevant experience” means experience that is applicable to the duties,
knowledge, or skills required by a specific job or position.
Source. #14132-A,
eff 11-27-24;
ss by #14434 (formerly Per 102.71), eff 12-1-25
Per 102.83 “Seasonal appointment” means “seasonal position” as defined
in RSA 98-A:1, VIII, reprinted in Appendix B.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.59); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.73), eff 12-1-25
Per
102.84 “Seniority
date” means the date of an employee’s most recent
full-time assignment into state classified service
or their most recent full-time hire after a separation, adjusted for periods of
unpaid absences, suspensions without pay, and prior qualifying military
service. This date is used to determine personnel actions such as layoffs.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.60); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per 102.74), eff
12-1-25
Per
102.85 “Separation”
means the complete removal of an employee from state classified service for any
reason. For purposes of determining increment, anniversary, longevity, and
seniority dates, and the applicability of a probationary period, the term shall
include any transfer from a full-time to a part-time position, without regard
to the duration of the part-time employment.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.61); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.75), eff 12-1-25
Per
102.86 “Sick leave” means time off due
to illness, injury, bereavement, mental health, mental wellness, dependent
care, or pre-approved medical appointment.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.62); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.76), eff 12-1-25
Per
102.87 “Signature” means, unless
otherwise specified, a handwritten signature or an electronic signature as
defined by RSA 294-E:2, VIII, reprinted in Appendix B.
Source. #10238,
eff 3-18-13; renumbered by #10801
(from Per 102.57); ss by #13667, eff 6-22-23 (formerly Per 102.63); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.77), eff 12-1-25
Per
102.88 “Standard occupational
classification system” means a standard used by federal agencies to classify
workers into occupational categories for the purpose of collecting,
calculating, or disseminating data and whereby workers are classified into
detailed occupations according to their functions, skills, and characteristic
duties. The term includes “SOC.”
Source. #13667,
eff 6-22-23; renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per
102.78), eff 12-1-25
Per
102.89 “Standard work period” means the
weekly time period completed by a full-time employee
who works from Monday through Friday.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.64); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.79), eff 12-1-25
Per
102.90 “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. #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); ss by #13667, eff 6-22-23
(formerly Per 102.65); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.80), eff 12-1-25
Per
102.91 “Step” means the intervals
between the minimum and the maximum range of pay established for each pay band
under RSA 99:1-a.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.66); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per 102.81), eff
12-1-25
Per
102.92 “Supplemental job description” means a document identifying the scope of work, duties,
accountabilities, approved
minimum qualifications, and any special requirements for an agency-level
position falling within a specific job title. Also referred to as a “SJD.”
Source. #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); ss by #13667, eff 6-12-23
(formerly Per 102.67); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.82), eff 12-1-25
Per
102.93 “Suspension”
means a leave of absence with or without pay for investigative or disciplinary
purposes.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.68); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.83), eff 12-1-25
Per
102.94 “Technical assistance manual”
means an informal non-regulatory document that outlines the legal and
procedural requirements to guide agency personnel in obtaining services or
implementing rules.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.69); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.84), eff 12-1-25
Per
102.95 “Temporary
assignment” means an assignment of a qualified candidate to a position that is
known or anticipated to be of limited duration.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.70); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.85), eff 12-1-25
Per
102.96 “Temporary
fill-in assignment” means an assignment of a candidate who is not a full-time
employee in the classified service at the time of assignment to a full-time
classified position that is vacant because the incumbent is on military leave,
extended leave without pay, or because of difficulties
with recruitment.
Source. #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); ss by #13667, eff 6-22-23
(formerly Per 102.70); renumbered by #14065-A;
renumbered by #14132-A; ss by #14434 (formerly Per
102.86), eff 12-1-25
Per 102.97 “Termination for cause” means the dismissal of an employee
from the state classified service through a process of discipline.
Source. #14434, eff 12-1-25
Per
102.98 “Trainee” means an employee hired
into a position who does not yet satisfy the minimum qualifications for the job
title assigned to the position but is expected to complete required training or
otherwise meet the minimum qualifications of the job title within a specified period of time not to exceed one year.
Source. #13667,
eff 6-22-23; renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.87), eff 12-1-25
Per
102.99 “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. #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); renumbered by #13667
(formerly Per 102.72); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per
102.88), eff 12-1-25
Per
102.100 “Transfer”
means the change of an employee from one position to another position in the
same or a different job title, within the same or different agency, and which
does not result in or otherwise constitute
a break in service.
Source. #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); renumbered by #13667
(formerly Per 102.73); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per
102.89), eff 12-1-25
Per
102.101 “Vacancy” means an unfilled
position.
Source. #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); renumbered by #13667
(formerly Per 102.74); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.90), eff 12-1-25
Per
102.102 “Veteran” means a person who has
served not less than 90 days in active duty in the armed forces of the United
States during a period of war, as set forth in Per 701.02, and who has been
honorably discharged or medically discharged under honorable circumstances.
Source. #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); renumbered by #13667
(formerly Per 102.75); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.91), eff 12-1-25
Per
102.103 “Working title” means a title
used to refer to position that reflects the functions of the position within an
agency and that is used as an alternative to the assigned job title.
Source. #13667,
eff 6-22-23; renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per 102.92), eff 12-1-25
Per
102.104 “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); renumbered by #13667 (formerly Per 102.77); renumbered by #14065-A; renumbered by #14132-A; ss by #14434 (formerly Per
102.94), eff 12-1-25
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. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #14441, eff 12-1-25
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 4:00 p.m.:
Division of Personnel
54 Regional Drive, #5
Concord, NH 03301-8502
Tel: 603-271-3261
TDD Access: Relay NH 1-800-735-2964
Fax: 603-271-1422
Source. #5373, eff 4-27-92; ss by #6729, eff 4-21-98; ss by #10801, eff 5-17-15; ss by #14441, eff 12-1-25
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. #8736,
eff 10-18-06; ss by #10801, eff
5-17-15; ss by #14441, eff 12-1-25
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-a.
Source. #8736, eff 10-18-06; ss by #14441, eff 12-1-25
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 either mailing addresses or email 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. #8736,
eff 10-18-06; amd by #10801, eff 5-17-15; ss by #14441, eff 12-1-25
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 they, or the entity upon whose behalf they are speaking,
has already stated.
Source. #8736,
eff 10-18-06; ss by #14441, eff 12-1-25
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. #8736,
eff 10-18-06; ss by #14441, eff 12-1-25
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 60 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. #8736,
eff 10-18-06; ss by #14441, eff 12-1-25
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 either the mailing address or email 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. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
Per 204.02 Contents
of Explanation. The director shall,
within 60 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. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
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, VIII, 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, VIII.
Source. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
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 273-D:3, 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 273-D:3 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. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
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 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. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
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) Affirm or
modify the action in dispute and inform the employee in writing how to proceed
to step II or step III, depending on the structure of the agency;
(2) Reverse the
action in dispute; 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) Affirm or
modify the action in dispute and inform the employee in writing how to proceed
to step II or step III, depending on the structure of the agency; or
(2) Reverse 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 1003.
(f)
If the supervisor fails to
notify the employee in accordance with the time periods established in this
section or any time period mutually
agreed upon by the employee and the supervisor, 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. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
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) Affirm or
modify the action in dispute and inform the employee in writing how to proceed
to step III;
(2) Reverse the
action in dispute; 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) Affirm or
modify the action in dispute and inform the employee in writing on how to
proceed to step III; or
(2) Reverse 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 1003.
(f)
If the division director
fails to notify the employee in accordance with the time periods established in
this section or any time period mutually
agreed upon by the employee and the division director, 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. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
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 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, the supervisor,
and the employee and, if applicable, the division director, the appointing
authority 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) Affirm or
modify the action in dispute and inform the employee in writing how to proceed
to step IV; or
(2) Reverse the
action in dispute.
(h) A
determination made under (g) above shall conform to the criteria for
disciplinary actions set forth in Per 1003.
(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 fails to provide a written decision to the employee
within the time periods established by this rule or any time period
mutually agreed upon by the employee and the appointing authority, 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. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
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 of receipt of the employee’s request for review filed under
paragraph (a), the director shall schedule
a meeting of the employee and such supervisory personnel as the agency
may designate, for further
review of the dispute.
(d) A meeting
conducted under paragraph (c) shall be an opportunity for both sides to present
their case to the director, who shall attempt to facilitate a resolution of the
dispute.
(e) If at the
dispute resolution meeting a potential settlement between the parties is not
reached, the director shall issue a written decision either affirming,
modifying, or reversing the underlying action within 30 calendar days of the
meeting.
(f)
If at the dispute
resolution meeting a potential settlement between the parties is reached, the
parties shall file a signed settlement agreement with the director within 14
calendar days of the meeting.
(g) If a
settlement is not finalized within 14 calendar days after the dispute
resolution meeting, the director shall issue a written decision either
affirming, modifying, or reversing the underlying action within 30 calendar
days of the meeting.
(h) Subject to
paragraph (k), nothing in this section shall prohibit the employee and the
director from agreeing, in writing, to extend the time limits established
herein.
(i) If the director fails to render a decision
within 30 calendar days of the dispute resolution meeting conducted under
paragraph (c), the employee may notify the director in writing that the
employee considers step IV to have expired.
(j) If the
employee's dispute is not resolved under Per 205.07, the employee may file an
appeal with the board, in accordance with RSA 273-D:3.
(k) Pursuant to
RSA 273-D:3, appeals to the board shall be made within 15 calendar days of the
action giving rise to the appeal.
(l) At a
hearing before the board, the written decision by the director issued under
paragraphs (e) or (g) may be introduced by either party as evidence, and the
director may be called as a witness to interpret the personnel rule(s) at issue
and to explain their written decision.
Source. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
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 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 pay band 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 broad group specification for a job title, including
any of the following:
(1) The minimum
qualifications required of an applicant in order to be
certified for entry into a job title;
(2) Any special
requirements of the job title, 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 job
title.
(c) Job 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. #8737, eff 10-18-06; ss by #10801, eff 5-17-15; ss by #14441, eff
12-1-25
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 shall 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; ss by #14441, eff 12-1-25
PART Per 207
WAIVER OF RULES
Per 207.01 Requests for Waiver of Rules.
(a) Any person or agency affected by these rules
who wishes to request a waiver thereof shall proceed in accordance with this
part.
(b) A request to waive a rule shall:
(1) Be
submitted to the director; and
(2) Be in
written form.
(c) A request for a waiver shall include a clear
and concise statement of the reasons for which the waiver is being sought,
including an explanation that addresses:
(1) The
consequences to the requesting party of complying with the rule as written;
(2) Whether
the requested waiver is necessary because of any prior error or omission on the
part of the party requesting the waiver;
(3) Whether
waiver of the rule would harm or otherwise operate to the disadvantage of any
third person;
(4) Whether
the waiver would disrupt or negatively affect the structure or integrity of the
classification system;
(5) Whether
the waiver would create compensation disruptions, including but not limited to
wage inversion or compression issues within an agency or among similarly
situated employees in positions across state agencies;
(6) Whether
the waiver can be granted without violating the provisions of any collective
bargaining agreement entered into between the state
and an employee association; and
(7) Any
additional information the requesting party believes provides good cause for
waiving the rule.
Source. #14441,
eff 12-1-25
Per 207.02 Waiver Criteria. The director shall grant a request for a
waiver if the director determines that:
(a) Granting the waiver would not result in any
adverse results as specified in Per 207.01(c)(3) through (c)(6);
(b) Granting the waiver will not waive or modify
any statutory requirement unless the statute specifically authorizes waiver of
such requirements by rule; and
(c) Strict compliance with the rule:
(1) Cannot
be achieved due to circumstances beyond the control of the person or agency
requesting the waiver and waiving the rule will not materially prejudice any
other person;
(2) Would
cause consequences, to the state or to the person or agency requesting the
waiver that outweigh any disadvantage caused by granting the waiver; or
(3) Would otherwise be
counterproductive to the purpose of the personnel rules, given the specific
circumstances underlying the waiver request.
Source. #14441,
eff 12-1-25
CHAPTER Per 300
CLASSIFICATION
PART Per 301
POSITION CLASSIFICATION
Per
301.01 Classification Plan.
(a) The classification plan prepared and revised
by the director under RSA 21-I:42, II, shall be the standard for classifying
every position in the classified service.
(b) The classification plan shall consist of the
following:
(1) A complete
set of published broad group specifications established under Per 301.02
containing all available job titles grouped by major group; and
(2) A process
for assessment of factors used to classify positions.
(c) Positions assigned to the same job title
under the classification plan shall have duties,
responsibilities, and minimum qualifications that are sufficiently similar so
that the same range of pay can be applied.
Source. #8738, eff 10-18-06;
ss by #10817, eff 5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff
12-1-25, EXPIRES 12-1-35
Per
301.02 Broad Group Specification.
(a) The director shall establish a formal written
broad group specification covering each position in the classified system.
(b) The broad
group specification shall not be considered a complete description of the
duties of an individual position, which shall be listed separately in the
supplemental job description required by Per 301.03.
(c) Each broad group specification shall contain
the following:
(1) A heading section including:
a. Codes and
descriptions for the broad group, minor group, and major group, indicating
alignment with the standard occupational classification (SOC) taxonomy;
b. List of
occupational levels applicable to the broad group with corresponding pay bands;
c. Date
established, and
d. Date of last
revision;
(2) A description of the occupation;
(3) The typical tasks, duties and
responsibilities that are characteristic of the broad group;
(4) The recommended knowledge, skills, and
abilities that contribute to successful job performance and advancement within
the broad group; and
(5) Information specific to each job title
established within the broad group, including:
a. The minimum
qualifications to be certified for entry into the job title, including:
1.
The amount of formal education or experience necessary, applying the principles
of equivalency set forth in Per 403.01;
2.
Any license or certification requirements; and
3.
Other requirements for a satisfactory
performance of the essential functions;
b. The job code
under broad group specification is associated with the job title in the human
resources management system;
c. The
applicable pay assignment;
d. Whether the
position is exempt or non-exempt for purposes of overtime compliance;
e. The EEO
category of the position as established by the Equal
Employment Opportunity Commission (EEOC);
f. The factor
ratings applicable to the job title as determined by the division in accordance
with the classification plan; and
g. Any special
requirements associated with the job title; and
(6) A disclaimer statement that shall read as follows: "This broad group specification is
descriptive of general duties and is not intended to list every specific
function of the job titles it contains."
(d) Qualification requirements in the
specification for any job title shall constitute a basis and source of
authority for the content of examinations for the job title and for the
certification of the qualifications of applicants.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #13236, eff 7-23-21; ss by #13668, eff 6-23-23; ss by #14443, eff 12-1-25, EXPIRES 12-1-35
Per 301.03 Supplemental
Job Description.
(a) The
duties and work assignments specific to each position or group of positions in
the state classified service shall be established in a supplemental job
description (SJD).
(b) The
duties and work assignments in the position SJD shall align with the job title
assigned to the position as defined in the broad group specification.
(c) An
SJD shall be developed and updated by the appointing authority or designee.
(d) No new or amended SJD shall be
finalized and implemented without first having been reviewed and approved by
the director.
(e) Any
duty or responsibility anticipated to be performed for 10 percent or more of
the total working time of a position shall be listed on the SJD.
(f) An
SJD shall contain the following information:
(1) The job
title of the position assigned by the director of personnel;
(2) The working
title, if any;
(3) The date on
which the SJD was established by the director;
(4) The date on
which the SJD was last amended and approved by the director;
(5) The job
code associated with the job title in the human resource management system;
(6) The
two-digit agency code in which the position is located;
(7) A statement
indicating whether the position is eligible for in-band advancement or broad
group level advancement;
(8) A statement
of the scope of work for the position;
(9) A listing
of at least 5, and no more than 10, specific duties and work
assignments for the position;
(10) A section
containing the minimum qualifications for the position as identified in the
broad group specification;
(11) A section
stating specific requirements for the position, consistent with the minimum
qualifications on the broad group specification, that may include, but are not
limited to:
a. Minimum age requirements;
b. Physical ability requirements;
c. Specific education or certification
requirements;
d. Specific experiential requirements;
e. Specific training requirements;
f. Special probationary requirements; and
g. Required access to transportation;
(12) A section
stating any preferred qualifications for the position;
(13) A
statement that shall read as follows: “When applicable the work of an employee
in trainee status in this position shall be overseen by a fully qualified
individual. An employee in trainee status shall meet the minimum qualifications
within the period of time specified on the SJD, not to
exceed one year of being hired into this position”;
(14) A
disclaimer statement that 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 job title”; and
(15) The
signatures of the following:
a. The appointing authority or the employee's
immediate supervisor designated by the appointing authority;
b. A representative of the human resources
office of the agency;
c. The employee currently in the position; and
d. The director of personnel.
(g) An
employee's signature on the SJD shall indicate the employee's acknowledgment
that the employee has reviewed and understood the terms of the SJD.
(h) A
current, signed SJD 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.
(i) The employee shall be given a copy of the
signed SJD upon hire, and at the time of any performance evaluation.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #13668, eff 6-23-23;
ss by #14443, eff 12-1-25, EXPIRES 12-1-35
Per
301.04 Trainee Status.
(a) For purposes of recruitment, an appointing
authority may hire an applicant into a position as a trainee for a specific job
title if the position is advertised with the trainee option in accordance with
Per 402.
(b) An applicant may not be hired as a trainee
unless:
(1) The appointing authority determines that the
applicant is likely to meet the minimum qualifications for the job title as
defined in the broad group specification within the time
period stated in the SJD, not to exceed one year from the date of hire
into the position;
(2) The appointing authority submits a modified
temporary SJD to the division that shall apply for one year or the duration of
the trainee status, whichever is less; and
(3) The offer letter clearly indicates the
employee is being hired as a trainee.
(c) The pay
band and step assignment of an applicant hired as a trainee shall be adjusted
to be equivalent to one step below the lowest step of the regular pay
assignment for the job title.
(d) When the
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 regular pay assignment of the job title in accordance with Per 901.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff
12-1-25, EXPIRES 12-1-35
Per
301.05 Request to Classify a
Full-Time or Part-Time Temporary Position.
(a) Every
position in the classified system shall be a permanent position unless approved
as a temporary position in accordance with this section.
(b) An appointing authority may request the
director establish a full-time or part-time temporary position in the
classified system.
(c) A request under (b), above, shall include the
following information:
(1) A recommendation for an appropriate job title
for the proposed position;
(2) An explanation of the reason(s) 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.
(d) In accordance with RSA 21-I:54, if the
appointing authority proposes a position with a duration in
excess of 12 months, it shall be considered a new position requiring the
approval of the governor and council.
(e) The director shall establish the
classification of the position and notify the appointing authority in writing
as to whether or not the director agrees with the
recommendation made in the request by the appointing authority.
(f) If the recommended job title 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 assignment documentation required under Per 604.
(g) 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 and
job code under broad group specification which is associated with the job title
in the human resources management system;
e. Permanent or
temporary indicator designating the position as temporary;
f. Full
time equivalent code indicating that the position is full-time and annual hours
code designating the number of hours worked per week;
g. Pay
assignment code used in the human resources management system;
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 4 digit organizational 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.
(h) 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. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff 12-1-25, EXPIRES 12-1-35
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(c)(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 job title, position number, and pay assignment 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 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. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff 12-1-25, EXPIRES 12-1-35
PART Per 303 RECLASSIFICATION OF FULL-TIME POSITIONS
Per
303.01 Reclassification of Classified
Positions.
(a) The classification of one or more positions
shall be reviewed if:
(1) The director, under the authority of RSA
21-I:42, II and III determines that a position in the classified service might
be improperly classified; or
(2) A request is submitted by:
a. An appointing authority;
b. A full-time employee; or
c. An employee organization on behalf of one or
more full-time employees assigned to the job title to be reviewed.
(b) A request by an employee or an employee
organization shall be submitted through the agency human resources office of
the affected employee(s).
(c) For any application submitted by an employee
or employee organization, as specified in (b), above, if an agency human
resources office fails to process and submit the application to the director
within 30 days of the date of submission, the employee or employee organization
may submit the application directly to the director.
(d) A reclassification review may be requested
under any of the following conditions:
(1) The job duties of one or more positions have
changed or will change;
(2) The job duties of all positions assigned to a
job title have changed or will change;
(3) A position is being repurposed, resulting in
a change in job title;
(4) Changes made to other positions or job titles
have affected the job duties of one or more positions;
(5) Changes in the law or rules affecting a job
title, a position, or the agency in which a position is located have resulted
or will result in a change in job duties or minimum qualifications;
(6) Changes in the licensing, certification, or
minimum qualifications associated with a specific job title have occurred or
will occur; or
(7) Similar conditions that require review and
possible adjustment of the classification plan over time.
(e) Unless otherwise established through a
collective bargaining agreement, the rising cost of living or other changes in
economic conditions shall not be the basis for a request for reclassification.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff 12-1-25, EXPIRES 12-1-35
Per
303.02 Request for Reclassification.
(a) A complete request for reclassification
review shall include the following:
(1) A position classification questionnaire
including:
a. The agency name;
b. The agency code, consisting of the number assigned by the department of
administrative services to identify particular state
agencies;
c. The job title and the position number of the
position to be reviewed by the director;
d. The current human resources code associated
with the job title and, if applicable the proposed
human resources code if the job title is proposed to
be changed;
e. Identification of the individual or entity
requesting the review;
f. A thorough explanation of the reason(s) for
the request, including how duties have changed, what precipitated the permanent
change in the duties of the position to necessitate the review, and how the
change is related to the agency’s goals, objectives, and structure;
g. A recommendation for change in the job title
or pay assignment of the position;
h. If the request is submitted by the appointing
authority a statement identifying:
1. The approximate cost; and
2. The funding source for the request;
i. If the
request is submitted by the employee, a statement identifying the date,
if any, that the employee's initial request for position review was made to the
appointing authority;
j. The
supervisor’s response to the request;
k. The
appointing authority’s response to the request; and
l. The agency’s
human resources office response to the request;
(2) The employee's current, approved supplemental
job description;
(3) The proposed supplemental job description;
(4) A current organizational chart identifying
the position in relation to the current structure of the agency; and
(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.
Per
303.03 Incomplete Request. A request for reclassification or group
reclassification shall not be deemed received by the division until the request
is complete and contains all items specified in Per 303.02. The director shall
specify which items are missing from any incomplete request which is returned
to the agency or the employee.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff 12-1-25, EXPIRES 12-1-35
Per
303.04 Response of Director.
(a) If the director disagrees with the request
for reclassification, the director shall provide a written or electronic
decision to the party requesting the review and to the human resources office
of the affected employee.
(b) If the director agrees with the request for
reclassification, the division shall proceed with processing the change.
(c) The effective date of the reclassification
shall be:
(1) The first day of the pay period immediately
following the decision of the director, if less than 90 days from the filing of
a complete request pursuant to Per 303.02;
(2) Retroactive to the first day of the pay
period following the 91st day from filing of a complete request
pursuant to Per 303.02, if the written decision of the director is issued more
than 90 days from the date of a complete request; or
(3) As specified in an applicable collective
bargaining agreement.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #13668, eff 6-23-23;
ss by #14443, eff 12-1-25, EXPIRES 12-1-35
Per
303.05 Responsibility of Appointing
Authority.
(a) Upon receipt of the director's decision to
reclassify a position(s) or positions, the appointing authority shall:
(1) Submit a personnel action request(s) as
described in Per 604.01 implementing the incumbent's or incumbents’ change in
compensation as required under Per 303.06; and
(2) If governor and council approval of the
reclassification of the position(s) or positions was required
pursuant to RSA 21-I:54, submit 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.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff 12-1-25, EXPIRES 12-1-35
Per
303.06 Adjustments Due to
Reclassification.
(a) If the director reclassifies a position into
a job title with a pay band having a higher minimum rate of pay, the
incumbent's step shall be set to the lowest step in the new pay band that
increases their hourly rate of pay by an amount equaling one step in the former
pay band.
(b) If the director reclassifies a position into
a pay band having a lower minimum rate of pay, the incumbent's hourly rate of
pay shall be adjusted as follows:
(1) If possible, the incumbent shall be placed in
the highest step in the new pay band that does not
increase their hourly rate of pay;
(2) If the incumbent is not placed at the maximum
step in the new pay band, the incumbent shall be eligible for annual step
increases, provided such increases are documented by performance evaluations;
(3) If the incumbent’s current rate of pay
exceeds the maximum value of the new pay band:
a. The
incumbent's hourly rate of pay shall not be reduced for a period of 2 years;
and
b. After a
period of 2 years, the appointing authority shall set the incumbent’s pay in
the new pay band in accordance with Per 901.07; and
(4) When the incumbent leaves the position, the
appointing authority shall post the vacancy at the adjusted pay assignment for
the position and not at the pay assignment of the employee who held the
position prior to reclassification.
(c) When a position is reclassified, or the
position's broad group is revised, the minimum qualifications required shall
not impose any new or additional education or experience requirements upon the
incumbent(s) unless these minimum qualifications are required by law.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff 12-1-25, EXPIRES 12-1-35
Per
303.07 Request for Temporary
Reclassification.
(a) An appointing authority may request temporary
reclassification of a position when a job assignment of limited duration
results in a substantive change in the job duties and responsibilities of the impacted position.
(b) A request for temporary reclassification
shall include the following information:
(1) The employee’s current approved SJD;
(2) A proposed SJD;
(3) A current organizational chart identifying
the position in relation to the current structure of the agency;
(4) An explanation of why the
temporary reclassification is needed;
(5) A certification that the incumbent employee
meets the minimum qualifications for the new job title; and
(6) The projected end date of the temporary job
assignment.
(c) The temporary reclassification of a position
shall not exceed 6 months.
(d) The director shall respond to a request for
temporary reclassification by taking one of the following actions:
(1) Approve the proposed supplemental job
description at the requested job title and process the change;
(2) Return the request with a response
identifying any missing information specified under Per 303.07(b); or
(3) Issue a written or electronic denial to the
appointing authority with an explanation of why the request was not approved.
(e) If the request for temporary 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) At the conclusion of the temporary
reclassification, and no later than 6 months from initial approval, the
appointing authority shall return the incumbent back to their original job
title and pay assignment, and set their step in
accordance with Per 901.10(e).
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #13668, eff 6-23-23;
ss by #14443, eff 12-1-25, EXPIRES 12-1-35
Per
303.08 Broad Group Level Advancement.
(a) To establish a broad group level advancement
for a specific job title, an agency shall submit a request to the division
containing the following information:
(1) The job title within which an employee could
be eligible to receive a broad group level advancement;
(2) A document indicating that all agencies with
positions with the subject job title agree to the proposed broad group level
advancement;
(3) An explanation of the agency process by which
the broad group level advancement shall be awarded; and
(4) An explanation on how the agency will ensure
equal opportunity and access to eligible employees to qualify for the broad
group level advancement and attestation to that effect.
(b) An employee shall be eligible for a broad
group level advancement if:
(1) The employee fulfills the minimum
qualification of higher-level job title;
(2) The employee has completed their probationary
period;
(3) The employee has received a satisfactory job
evaluation within the 12 months preceding the broad group level advancement;
(4) The employee’s appointing authority approves
the broad group level advancement;
(5) The broad group level advancement is
justified by an identified organizational change or business need; and
(6) The employee’s appointing authority is
approved by the director to use broad group level advancements for the job
title.
(c) Upon the recommendation of the appointing
authority, the director shall process the broad group level advancement in
accordance with Per 900.
(d) A broad group level advancement shall be
effective the first day of the pay period following approval by the division.
Source. #13668, eff 6-23-23; ss by #14443, eff
12-1-25, EXPIRES 12-1-35
Per
303.09 In-Band Advancement.
(a) To establish an in-band advancement for a
specific job title, an agency shall submit a request to the division containing
the following information:
(1) The job title and occupation-based criteria
for which an in-band advancement is proposed;
(2) The agencies for which the in-band
advancement will be available;
(3) An explanation of the agency process by which
the in-band advancement shall be awarded; and
(4) An explanation on how the agency will ensure
equal opportunity and access to eligible employees to qualify for the in-band
advancement and attestation to that effect.
(b) An employee shall be eligible for an in-band
advancement if:
(1) The
employee has completed their probationary period if applicable;
(2) The
employee has received a satisfactory job evaluation within the 12 months
preceding the in-band advancement;
(3) The
employee has satisfied, and continues to satisfy, the occupation-specific
requirements to receive the in-band advancement;
(4) The employee’s appointing authority approves
the in-band advancement;
(5) The in-band advancement is justified by an
identified organizational change or business need; and
(6) The employee’s appointing authority is
approved by the director to use in-band advancements for the job title.
(c) Upon the recommendation of the appointing
authority, the director shall process the in-band advancement.
(d) An approved in-band advancement shall be
valid only while the employee in the position continues to satisfy the criteria
for such advancement, as specified in the SJD and in the approval from the
division.
(e) If an employee no
longer satisfies the criteria for the in-band advancement, the position shall
be restored to the appropriate step and rate of pay in accordance with Per 900.
(f) An in-band advancement, or removal thereof,
shall be effective the first day of the pay period following approval by the
division.
Source. #13668, eff 6-23-23; ss by #14443, eff
12-1-25, EXPIRES 12-1-35
PART Per 304 DIRECTOR'S DECISION
Per
304.01 Director's Decision Pursuant
to Per 303.01.
(a) If an impacted agency’s appointing authority
or impacted employee is not satisfied with the director's original decision
concerning the reclassification of a position, they may, within 15 calendar
days of the date of the director's decision, file a written request for
reconsideration with the director.
(b) The request for reconsideration shall specify
why a reconsideration is necessary by identifying only
those facts believed not to have been considered by the director.
(c) If a reclassification decision is reversed as a result of the request for reconsideration, any changes
required shall be effective based on the date of the original decision and in
accordance with Per 303.04(c).
(d) If filed, a request for reconsideration shall
be completed prior to any further appeal to the board.
(e) If the appointing authority or impacted
employee disagrees with the reconsideration decision of the director, an appeal
may be filed with the board pursuant to RSA 273-D:3.
(f) If a reclassification decision is reversed by
the board, any changes required shall be effective based on the date of the
original decision and in accordance with Per 303.04(c).
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff 12-1-25, EXPIRES 12-1-35
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 273-D:3.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #13668, eff 6-23-23; ss by #14443, eff 12-1-25, EXPIRES 12-1-35
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://www.das.nh.gov/jobsearch/employment.aspx:
(a) Contact
information for the applicant including:
(1) Name;
(2) Address;
(3) Phone
number; and
(4) Email
address;
(b) Information
identifying the position for which application is made, which shall include:
(1) The job
title of the position;
(2) The agency
in which the position is located; and
(3) If known,
whether the position or assignment is:
a. Full-time;
b. Part-time;
c. Temporary;
d. Per Diem; or
e. 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 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;
(g) 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;
(h) The highest level of education completed by
the applicant;
(i) A listing of any
courses the applicant has completed which the applicant wishes to be considered
in reviewing the application;
(j) A listing of the applicant’s training and
experience;
(k) A listing of any special title or
certification achieved;
(l) 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;
(m) The applicant's transcripts for all education
beyond the high school level, if required for the job;
(n) 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 501.07;
(o) The applicant's complete experience and work
history for the 10 years immediately preceding the application, starting with
the applicant's most recent employer, including for each:
(1) The
employer's name;
(2) The
applicant's job title;
(3) Beginning
and ending dates of employment;
(4) The number
of hours worked per week;
(5) A
description of the applicant's specific duties;
(6) Whether the
employer may be contacted;
(7) Employer
contact information, contact name, address, email, and phone number;
(8) Whether the
applicant supervised other employees, including assigning work, rejecting
unsatisfactory work, and whether the applicant had the right to hire and
dismiss; and
(9) The reason
for leaving employment;
(p) Applicant's
affirmation and certification that:
(1) The applicant has read and agrees to the consent
agreement;
(2) The
information provided in, or attached to, the application is complete and
accurate as of the date of the application;
(3) The
applicant 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;
(4) There are
no omissions of material fact with respect to any of the answers to the
questions presented;
(5) There are
no misrepresentations in any statements made in the application;
(6) The
applicant understands that the application will be rejected and that the
applicant shall be disqualified as a candidate in the immediate application
process should any misrepresentations or intentional material omissions known
to the applicant be discovered in the application or in the supporting
documentation;
(7) The
applicant understands that if the applicant has attained employment and any
misrepresentation or material omission is discovered, the applicant’s
employment may be immediately terminated; and
(8) The
applicant has read and agrees to the certification statement;
(q) The
applicant's electronic signature or electronic submission; and
(r) The date
the application was signed.
Source. 8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #14443, eff 12-1-25,
EXPIRES 12-1-35
PART Per 402
POSTING REQUIREMENTS FOR NOTICE OF VACANIES
Per
402.01 Internal Posting of Notice of
Vacancy.
(a) Whenever a
vacancy is to be filled, the appointing authority shall post an
internal notice of the vacant position only within state government via the
state’s human resource management system for a period of not less than 5
working days.
(b) An internal posting of a notice of a vacancy
shall include all of the information specified in Per
403.03.
(c) The internal notice shall be accessible to
all state government employees.
(d)
If the vacancy is beyond 30
days of posting, the appointing authority shall repost for another 30 days. The
appointing authority shall provide a new posting if the original posting is
older than 60 days.
Source. #8738, eff 10-18-06; amd by
#10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by
#14443, eff 12-1-25, EXPIRES 12-1-35
Per
402.02 External Posting and Public
Notice of Vacancy.
(a) If an
appointing authority has complied with the requirements of Per 402.01 and has
not filled the vacant position, the appointing authority may request that the
director authorize external recruitment for the vacant position.
(b) If posting
within the state’s human resource management system, advertisements in print or
electronic media, job search services, and recruiter services are used, the
contents of the announcement in Per 402.03 shall
only be abbreviated upon approval by the director and shall constitute valid
methods of external posting of a vacancy notice.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14443 (formerly Per 404.01), eff 12-1-25, EXPIRES 12-1-35
Per
402.03 Contents of Job Posting.
Except as specified in Per 402.04, a notice of vacancy shall provide the
following information:
(a) The job
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 pay
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. #8738, eff 10-18-06 ss by #10817, eff
5-17-15; ss by #14443 (formerly Per 404.02), eff 12-1-25, EXPIRES 12-1-35
Per
402.04 Abbreviated
External Notices. Notwithstanding
Per 402.03, for any notice other than a posting within the state’s human
resource management system, the director shall authorize the use of an
abbreviated notice if the director determines that omission of information
otherwise required will not undermine the effectiveness of the notice and is
necessary in order to:
(1) Avoid a
detrimental impact on the ability to recruit candidates;
(2) Fit
within the agency’s budgetary constraints; or
(3) Comply
with publication requirements of the entity that will be carrying the notice.
Source. #14443, eff 12-1-25, EXPIRES 12-1-35
PART Per 403 CERTIFICATION
Per 403.01 Certification Review Process.
(a)
The director shall review all applications and other submitted documents
for employment filed under Per 401 and certify in writing to the appointing
authority whether each applicant meets the minimum qualifications stated in the
broad group specification and supplemental job description.
(b)
In conducting the review under paragraph (a), the director shall:
(1)
Consider all submitted materials to assess:
a. The applicant's education, and whether the
applicant's earned academic credits count toward the minimum qualifications as
stated in the broad group specification and the supplemental job description;
b.
The applicant's work experience, and whether that experience counts
toward the minimum qualifications as stated in the broad group specification
and the supplemental job description;
c.
The applicant’s current licenses, certifications, or other occupational
credentials and whether they satisfy the minimum qualifications as stated in
the broad group specification and supplemental job description;
d.
Other requirements for satisfactory performance of the essential job functions of a
position as stated in the
broad group specification and supplemental job description; and
(2)
Calculate:
a.
The full-time equivalent months of an applicant’s relevant experience;
and
b.
The months equivalent of all relevant
academic credits earned by an applicant.
(c)
For the purposes of subparagraph (b)(2) above:
(1)
One month of full-time equivalent work experience in a relevant field
shall be deemed equivalent to having earned 2.5 academic credits or one month
of education in a relevant field;
(2)
When a degree is earned in a relevant field, as defined on the
supplemental job description for the position, all credits earned as part of
that degree shall count toward relevant education or experience, where 2.5
academic credits shall be deemed equivalent to one month of education or one
month of full-time equivalent work experience;
(3)
If a degree has not yet been earned, all credits earned in a relevant
field, as defined on the supplemental job description for the position, shall
be counted toward relevant education or experience, where 2.5 academic credits
shall be deemed equivalent to one month of relevant education or one month of
full-time equivalent relevant work experience; and
(4)
Part-time work experience shall be converted to full-time equivalent
work experience by dividing the total number of hours worked by 1,950.
(d)
The applicant’s combined full-time months equivalent of relevant
experience and education shall together satisfy the minimum qualifications as
stated on the broad group specification and supplemental job description.
Source. by #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #13236, eff 7-23-21; ss by #14132-B, eff 11-27-24; ss by #14443 (formerly Per 405.01), eff 12-1-25, EXPIRES
12-1-35
Per 403.02 Disqualification
of Applicants or Candidates.
(a)
The director 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 403.01, it is determined that the applicant or candidate lacks any of
the minimum qualifications 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 job title have been revised and the applicant or candidate can no longer be
certified;
(8)
The applicant or candidate has a criminal conviction which has not been
annulled or expunged and which is related to duties
and responsibilities that the individual may undertake if hired for the
position; or
(9)
The applicant or candidate would report to or supervise a direct family
member or household member.
(b)
The director shall provide the applicant or candidate with a written
notice stating the grounds for disqualification.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14132-B, eff 11-27-24; ss by #14443 (formerly Per 405.02), eff
12-1-25, EXPIRES 12-1-35
CHAPTER Per 500
EXAMINATIONS
PART Per 501
EXAMINATION PROCEDURES
Per 501.01 Examinations.
(a) When a job
title requires an examination, it shall be administered as a
written examination.
(b) In addition
to the requirement of paragraph (a), special examinations including, but not
limited to, aptitude examinations and structured interviews, shall be
administered as required by the specification for an individual job title.
(c) The
examination shall be the same for all candidates interviewed for the vacant
position.
(d) In addition
to the foregoing, the appointing authority may use additional candidate
assessment tools, including but not limited to role playing, writing samples,
reading comprehension tests, and similar assessments, subject to paragraph (c)
above, and provided such tools are approved in advance by the director.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433, eff 12-1-25, EXPIRES 12-1-35
Per 501.02 Admission
to Examination.
(a) Each
candidate whose application has been accepted and is required to take an
examination 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 an
authorization or other written evidence of acceptance of the candidate's
application signed by the director.
(c) A candidate
shall present a photographic driver's license or other photographic proof of
identity to the person administering the examination before being permitted to
participate in the examination.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433, eff 12-1-25, EXPIRES 12-1-35
Per 501.03 Character
of Examinations.
(a)
Examinations required for appointment or assignment to a position within
the state classified service shall be conducted on an open and competitive
basis and shall be rated impartially.
(b)
Examinations shall be practical in nature and constructed to measure:
(1) The
capacity of the candidate to perform the duties of the position within the particular job title for which the candidate has applied;
and
(2) The
candidate's education, skills, and knowledge related to the position for which
the candidate has applied.
(c) The
director shall use only methods that are calculated to determine the fitness of
a candidate to perform the duties of the job title for which the examination is
held.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433, eff 12-1-25, EXPIRES 12-1-35
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 the examination to the
candidate.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433, eff 12-1-25, EXPIRES 12-2-35
Per 501.05 Conducting
Examinations. The director shall provide for examinations in various parts of the state by:
(a) Designating
monitors to locally administer examinations; and
(b) Making arrangements to administer examinations in public
buildings accessible to candidates with disabilities in compliance with the
state code for barrier-free design.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433, eff 12-1-25, EXPIRES 12-1-35
Per 501.06 Rating
of Examinations.
(a) The
director 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
job 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 failed to earn a passing rating on an examination shall be eligible to
participate in an examination for the same position or identical position
within the job title no sooner than 15 days from the date of the most recent
examination administration, provided that the candidate submits a new
application in accordance with Per 400.
(d)
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 job title changes in that time.
(e) 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 job title
changes in that time.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433 (formerly Per 501.07), eff 12-1-25, EXPIRES 12-1-35
Per 501.07 Veterans’ Preference.
(a) To qualify for veterans’ preference in an
examination, a candidate shall submit to the division 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 appointment or assignment
to a position in 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 appointment to a position
in 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.
#8738, eff 10-18-06; ss by #10817, eff 5-17-15; ss by #14433 (formerly
Per 501.08), eff 12-1-25, EXPIRES 12-1-35
Per
501.08 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 no notes or excerpts of examination material
are taken by the candidate.
Source. #8738, eff
10-18-06; ss by #10817, eff 5-17-15; ss by #14433 (formerly Per 501.09), eff
12-1-25, EXPIRES 12-1-35
CHAPTER Per 600
SELECTION
PART Per 601 TYPE OF APPOINTMENT
Per 601.01 Permanent
Assignment.
(a) Except as otherwise specified in this
chapter, any assignment to a position in the classified service, whether
full-time or part-time, shall be a permanent assignment.
(b) Any assignment to a full-time position shall
be subject to the probationary period requirements specified in Per 602.
Source. #14433, eff 12-1-25, EXPIRES 12-1-35
Per 601.02 Temporary
Assignment.
(a) The
appointing authority may make a temporary assignment to any position that has
been classified by the director as temporary according to the requirements of
Per 301.05.
(b) An
appointing authority shall designate a specified end date for the temporary
assignment which shall be no longer than one year in duration.
(c) Pursuant to
RSA 98-A:3, a person assigned to a position under temporary assignment 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 a permanent employee.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433 (formerly Per 601.01), eff 12-1-25, EXPIRES 12-1-35
Per 601.03 Emergency
Assignment.
(a) Contingent
upon the director’s approval, an appointing authority may assign one or more persons to be employed immediately, without being required
to comply with the recruitment procedures required under Per 402 when, due to
an emergency, such assignment 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 assignment 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 assignment to the director by submitting a personnel
action request which provides the following information:
(1) Name of
assignee;
(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 assignment, the appointing authority shall
also submit a personnel action request, as described in Per 604.01, to report
each emergency employee's separation from state service to the director.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #14433 (formerly Per
601.02), eff 12-1-25, EXPIRES 12-1-35
Per 601.04 Seasonal
Appointment.
(a) In
accordance with RSA 98-A:3, an appointing authority shall designate as seasonal
those positions that 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) Pursuant to
RSA 98-A:3, a person assigned to a position under a seasonal or a temporary
assignment 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. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433 (formerly Per 601.03), eff 12-1-25, EXPIRES 12-1-35
Per 601.05 Exceptional
Assignment.
(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, provided that:
(1) The
appointing authority provides evidence to the director that demonstrates that
competitive recruitment is impractical under the circumstances presented; and
(2) The
assignee possesses the specialized area or areas of expertise described in the
supplemental job description of the position being filled.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433 (formerly Per 601.04), eff 12-1-25, EXPIRES 12-1-35
Per 601.06 Temporary
Fill-in Promotion Assignment.
(a) An
appointing authority may make a temporary fill-in assignment to a position for
a duration of not more than 90 days when the assignment 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
assignment, a temporary fill-in employee shall be required to meet the minimum
qualifications for the fill-in assignment specified in Per 403.01.
(c) If the
appointing authority believes that it is necessary to extend a temporary
fill-in assignment beyond 90 days based upon a continuation of the condition
giving rise to the assignment, the appointing authority shall seek an extension
of the temporary fill-in assignment 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 assigned 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, or floating holidays.
(f) Notwithstanding paragraph (e), 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 and the appointing
authority wishes to fill the vacancy, the appointing authority shall recruit
for the position by posting a notice of vacancy in accordance with Per 400.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433 (formerly Per 601.05), eff 12-1-25, EXPIRES 12-1-35
PART
PER 602 PROBATIONARY PERIOD
Per 602.01 Probationary
Period for Full-time Employees.
(1) The
assignment is an employee’s first assignment to a full-time classified
position; or
(2) The
assignment is the employee’s first assignment to a full-time classified
position after a separation from state service of any length.
(b)
Subject to (f) below, any employee who is appointed, promoted, or
transferred into a full-time classified position while already employed as a
permanent full-time employee shall not be subject to an additional probationary
period.
(c) The
probationary period shall be considered an integral part of the process of
assignment for full-time employees.
(d) The purpose
of the probationary period shall be to afford the appointing authority an
opportunity to:
(1) Observe and
counsel the new employee regarding their conduct or work;
(2) Train and
aid the new employee in adjustment to the position; and
(3) Terminate
an employee if the employee's conduct or work performance fails to meet
required work standards, subject only to the
termination requirements of Per 1003.02 and not to the processes and
requirements in Per 1000 otherwise applicable to permanent full-time employees.
(e) 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.
(f) 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.
(g) At any time
during the probationary period, an appointing authority may terminate for cause
an employee pursuant to Per 1003.02.
Source. #14433, eff 12-1-25, EXPIRES 12-1-35
Per
602.02 Part-time, Temporary, and
Seasonal Employees. Part-time,
temporary, and seasonal employees who have not been converted to permanent
employees in accordance with RSA 98-A:2 and Per 601 shall be considered at-will
employees not subject to a probationary period or to the procedures for
discipline and termination in Per 1000 unless expressly specified in this
chapter.
Source. #14433, eff 12-1-25, EXPIRES 12-1-35
PART Per 603
FILLING VACANCIES
(a) Prior to posting a notice of internal or
external recruiting for any position within the
executive branch or transferring a current employee to a vacant position, an
appointing authority shall attempt to fill that vacancy by layoff recall or
reemployment of a permanent employee laid off from the agency, or with a
full-time employee demoted in lieu of layoff within the agency.
(b) The period of eligibility for layoff 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) Layoff 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; ss by #14433 (formerly Per 602.02), eff 12-1-25, EXPIRES 12-1-35
Per 603.02 Transfer
of an Employee Within an Agency.
(a) If layoff
recall and reemployment does not fill any vacancy, upon written notice to the
director, the appointing authority may fill any vacancy without complying with
Per 400 by transferring any agency employee from any position within the same
job title to a vacant position with the same job title.
(b) The
appointing authority may determine when it is in the best interest of the
agency to transfer employees.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433 (formerly Per 602.01), eff 12-1-25, EXPIRES 12-1-35
Per
603.03 Filling Vacancies Within an
Agency.
(a) When
a vacancy cannot be filled as specified in Per 603.01 and Per 603.02, the
appointing authority shall fill the vacancy in a manner prescribed in this
section after recruitment and, if applicable, examination, in accordance with
Per 400.
(b) Whenever possible, selection by the
appointing authority to fill a vacancy shall be based upon the employee's:
(1) Possession of the knowledge, skills,
abilities, qualifications, and personal characteristics listed on the class
specification and supplemental job description for the vacant position;
(2) Capacity for the vacant position as evidenced
by documented past performance appraisals; and
(3) Combination of skills, training, experience,
work history, work performance, or other similar skills or performance
characteristics.
(c) 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.
(d) 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.
(e) 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 no later than 7 business days from filling the posted position.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15 (from Per 602.02); ss by
#14433 (formerly Per 602.03), eff 12-1-25, EXPIRES 12-1-35
Per
603.04 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 402.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15 (from Per 602.03); ss by
#14433 (formerly Per 602.04), eff 12-1-25, EXPIRES 12-1-35
PART Per 604
INFORMATION REQUIRED FOR APPOINTMENT
Per 604.01 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 business days prior to the
effective date, a fully executed personnel action request in the human
resources management system.
(1) Assign an employee in accordance with Per
600;
(2) Reappoint a
former employee;
(3) Reinstate
an employee subsequent to appeal, if so ordered by the board or a court;
(4) Promote or
demote an employee;
(5) Laterally
assign or transfer an employee within the same agency;
(6) Transfer an
employee to another agency;
(7) Approve a
step increment, provided the employee receives a satisfactory performance
evaluation as required under Per 801;
(8) Approve a
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;
(9) Process a
return from leave of absence without pay;
(10) Change
compensation due to reclass or reclasses of the position(s) occupied by
employee(s);
(11) Process
any miscellaneous change correcting information in a personnel action request;
(12) Inactivate
or deactivate a seasonal or academic employee;
(13) Process
any approved pay increase;
(14) Terminate
pending payments or separation without pay;
(15) Process
health benefit eligibility;
(16) Process an employee’s performance evaluation;
(17) Approve trainee status;
(18) Process a broad group advancement; and
(19) Process an in-band advancement.
Source. #8738, eff
10-18-06; amd by #10239, eff 3-18-13; ss by #10817,
eff 5-17-15; ss by #14433 (formerly Per 603.01), eff 12-1-25, EXPIRES 12-1-35
Per 604.02 Employment
Eligibility Verification Form I-9.
For each new assignment, an appointing authority shall file with the
director at least 5 business days prior to the employee’s start date 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. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14433 (formerly Per 603.02), eff 12-1-25, EXPIRES 12-1-35
Per 604.03 Application
For Employment.
(a) The
appointing authority shall attach a completed application for employment,
certified pursuant to Per 403, to the personnel action request submitted to the
director in order to accomplish any one of the
following personnel transactions:
(1) Assignment
of a new employee into the classified system;
(2) Rehire of a
former employee;
(3) Other than
promotion from trainee status, promotion into a job title different from the
job title currently held by the employee;
(4) Transfer of
an employee into a job title different from the job title currently held by the
employee;
(5) Demotion of
an employee into a job title different from the job title in which the
employee's position is currently classified;
(6) An application for laterals; or
(7) A completed and signed supplemental job
description.
(b) Prior to
approving the personnel action request, each application for employment shall
be reviewed by the director to determine whether the applicant meets the
current minimum qualifications of the job title for which application is made.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #14433 (formerly Per
603.03), eff 12-1-25, EXPIRES 12-1-35
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 position or as may be provided
for or required by applicable law.
(b) Full-time
employment shall be calculated on the basis of years,
months, and days of service, except that leave without pay of
any duration and for any purpose, except as specified in Per 701.02 and Per
701.03, 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
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 27, 1950 and January 31, 1955;
(3) The Vietnam
era which is the period beginning on November 1, 1955,
and ending May 7, 1975, inclusive, in the case of a veteran who served in the
Republic of Vietnam during the period. The period beginning on August 5, 1964,
and ending May 7, 1975, inclusive, in all other cases;
(4) Persian
Gulf War between August 2, 1990 and the date
thereafter prescribed by presidential proclamation or by law; or
(5) 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
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
employee within their probationary period 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
CHAPTER Per 800
EMPLOYEE PERFORMANCE EVALUATION
PART Per 801
PERFORMANCE EVALUATION PROCESS
Per 801.01 Types
of Evaluation. An employee's current
supervisor shall evaluate the performance of each employee in a full-time
classified position using a written evaluation applicable to the employee’s job
function, as specified in Per 801.02 through 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
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 (SJD), which shall be
attached to the evaluation.
(b) Each
evaluation shall rate the employee's performance as:
(1) Exceeding
expectations;
(2) Meeting
expectations; or
(3) Falling
below expectations.
(c) The
employee’s supervisor shall rate an employee’s performance as meeting
expectations when the employee has met job-related requirements satisfactorily
or exceeding 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:
(1) Explain in
the narrative section reserved for comments any action the employee shall be
required to take to improve performance;
(2) Explain in
the narrative section reserved for comments how this action relates to the
requirements of the position as stated in the employee’s SJD; and
(3) Develop an
improvement plan.
(g) The
supervisor shall provide the following information on the written evaluation:
(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
written evaluation is an annual review, an increment review, or a review for
some other purpose, such as in relation to an improvement plan.
(h) The
supervisor shall conduct an assessment using the written evaluation of the
individual categories of performance as specified in Per 801.03 through Per
801.05.
(i) Each evaluation shall contain a separate
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 drafted by the supervisor explaining how the
supervisor arrived at the overall performance rating. If the employee’s overall
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 terminated for cause.
(j) The
supervisor shall conduct an in-person meeting with the employee being evaluated
to explain the evaluation and shall record the date of the meeting on the
written evaluation.
(k) The
employee shall have the opportunity to comment in writing on the written
evaluation. If the employee does not
concur with the evaluation’s findings, the employee may include an explanation
of the reasons for non-concurrence.
(l) Each
written evaluation shall be signed and dated by:
(1) The
supervisor who is completing the written evaluation;
(2) The appointing authority, or their designee,
approving the written evaluation, if different from the employee’s immediate
supervisor; and
(3) The
employee being evaluated.
(m) The
employee’s signature on the written evaluation shall certify only that the
evaluation has been read and discussed and that the employee has been notified
of the employee’s opportunity to comment.
(n) If the
employee refuses to sign the written 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
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 on the written
evaluation indicating if the employee meets or falls below expectations:
(1) Attendance,
providing in the narrative section a below expectations rating a description of
evidence showing that a pattern of violating the attendance policy, which can
be supported by the employee's attendance records;
(2) Quantity of
work, as evidenced by completion of assignments on time and keeping up with the
work-load of the position;
(3) Quality of
work, including the completion or accomplishment of work with minimal errors;
(4) Job
knowledge, including whether the employee stays current in their knowledge on recent developments in information technology;
(5)
Communication skills, including demonstrated ability to express
job-related information effectively;
(6)
Dependability, including demonstrated ability to follow internal policy
guidelines and directives of the agency such as maintaining appropriate
confidentiality;
(7)
Cooperation, including demonstrated ability to get along with
co-workers, the 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 identifying and requesting new assignments, 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 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
Per 801.04 Requirements
for Professional or Technical Evaluation.
(a) In addition
to the requirements listed in Per 801.02, each supervisor conducting a
professional or technical staff evaluation shall rate the following performance
criteria on the written evaluation indicating if the employee meets or falls
below expectations in the following areas:
(1) Attendance, providing in the narrative
section a below expectations rating a description of evidence showing that a
pattern of violating the attendance policy, which can be supported 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 minimal 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)
Communication skills, including demonstrated ability to express
job-related information effectively;
(6)
Dependability, including demonstrated ability to follow internal policy
guidelines and directives of the agency such as maintaining appropriate
confidentiality;
(7)
Cooperation, including demonstrated ability to get along with co-workers
and subordinates, the 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 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
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 on the
written evaluation indicating if the employee meets or falls below expectations
in the following areas:
(1) Attendance, providing in the narrative
section a below expectations rating a description of evidence showing that a
pattern of violating the attendance policy, which can be supported by the
employee's attendance records;
(2)
Communication, 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
deliver 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 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
Per 801.06 Frequency
of Evaluation.
(a) Each
appointing authority shall be responsible for ensuring that a written
evaluation is conducted at least once per year on or within 60 days before an
employee’s anniversary date for each full-time classified employee pursuant to
RSA 21-I: 42, XIII.
(b) An
appointing authority shall be responsible for ensuring that more frequent
evaluations are conducted 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;
(2) Evaluating
the performance of employees on special assignments; and
(3) When the employee is transferring to a different
agency.
Source. (See Revision Notes at chapter heading for
Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
CHAPTER Per 900
COMPENSATION
PART Per 901
STEPS WITHIN PAY BAND
Per 901.01 Assignment
of Steps Within a Pay Band. An
appointing authority shall assign a step within each pay band established by
the commissioner pursuant to RSA 99:1-a 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
Per 901.02 Beginning
Pay.
(a) For
original assignments into the state classified system and, subject to Per
901.06, for assignments into the state classified system after a separation,
the appointing authority shall set the beginning pay at the minimum step
established for a job title, except as specified in (c) through (d), below.
(b) For
assignments of candidates already employed in state service at the time of the
assignment, the appointing authority shall set pay in accordance with Per
901.08, except as specified in (c) and (d), below.
(c) The
director, at the request of the appointing authority or their designee
submitting a waiver, shall set pay at a higher step
than established in (a) or (b) if the director determines that:
(1) Difficulties
in recruitment necessitate placement at a higher step
than the minimum; or
(2) The
applicant selected to fill a vacancy possesses skills, education, work
experience, and a compensation history justifying a higher step and that it is
in the best interest of the state to hire the applicant at the higher step.
(d)
When determining whether to
set beginning pay at a higher step than the minimum,
for the reasons specified in (c), the director shall consider:
(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 403;
(5) The
proposed pay band, step, and annual pay;
(6) A written
statement by the appointing authority setting forth the appointing authority’s
reasons for requesting a starting pay above the minimum step;
(7) A written
statement by the appointing authority setting forth the employment and
compensation history of the applicant, or if currently unemployed, the past
compensation history of the applicant that the appointing authority believes
justifies placement above the minimum step established for the job title; 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; ss by #14439, eff 12-1-25,
EXPIRES: 12-1-35
Per 901.03 Pay
Increments.
(a) Upon the
recommendation of the appointing authority, the director shall process pay
increments for all classified employees within their established range of pay,
if:
(1)
Satisfactory work performance is documented by the annual
performance evaluations required under Per 801; or
(2) An
employee’s supervisor fails to complete an evaluation no later than 30 days
prior to the employee’s anniversary date.
(b) The
effective date of a pay increment for any full-time
employee shall be the anniversary date of entrance or re-entrance into
full-time state classified service.
(c) An
appointing authority may process a pay 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) Pay
increments under (c) above shall be calculated according to one of the
following:
(1) Job titles
that are compensated on the basis of a 37 1/2 hour basic work period shall require an aggregate total
of 1950 hours worked to constitute a full year of employment; and
(2) Job titles
that are compensated on the basis of a 40 hour basic work period 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:
(1) The
probationary period shall begin on the first day of full-time employment; and
(2) The
increment date shall be determined based on the first day of full-time
employment.
(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 pay increment date.
(g) When an
employee receives a temporary promotion into a different position, the
employee's regular pay increment shall be granted in accordance with the pay
range authorized for the temporary promotion under Per 901.10, 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
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 pay increment as
follows:
(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 pay 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; ss by #14439, eff 12-1-25, EXPIRES: 12-1-35
Per 901.05 Withholding of Pay Increment.
(a) An
appointing authority may withhold a pay increment under Per 1003.05 for
unsatisfactory work performance, provided the reasons for withholding the
increment are documented in the performance evaluation required under Per 801.
(b) An
appointing authority shall give written notice of withholding of a pay
increment to the affected employee and to the director at least 30 calendar
days before the pay increment eligibility date as defined in Per 901.03 and Per
901.04.
(c) Pursuant to
Per 1003.05, the written notice of the withholding of a pay increment shall
serve as a written warning that the employee's work performance does not meet
required standards.
(d) Upon
authorization of an increment that has previously been withheld, the employee
shall be compensated only prospectively.
(e) When
issuing a written warning that withholds a pay increment the appointing
authority shall establish a new increment date consistent with the number of
months the increment is withheld.
(f) The new
increment date established under (e), above, 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
Per 901.06 Adjustment
Due to Reemployment or Rehire.
(a) When a
former permanent employee is reemployed or rehired within a period of one year
of separation in a job title in which the employee was previously employed at
the same agency, the appointing authority may make an assignment at the same
pay band and step the employee had been receiving at the time of separation,
provided:
(1) The job
title has not been reclassified and the position has
not been reclassified; and
(2) The
employee was not terminated for cause.
(b) If the job
title has been reclassified or the position has been reclassified, the
appointing authority shall set the beginning pay band and step 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
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 pay band as follows:
(a) If an
employee is voluntarily demoted or demoted in lieu of layoff, the employee
shall be placed at the new pay band and step closest to, but not exceeding, the
employee's pay 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 unless
the waiting period in the collective bargaining agreement is longer than the
new step assigned; or
(b) If an
employee is demoted for cause, the employee shall be placed at the new pay band
and step closest to, but less than, the employee’s pay prior to the
demotion. The employee’s increment date
year shall be adjusted to conform to the waiting periods in the collective
bargaining agreement for the new step placement.
Source. (See Revision Notes at chapter heading for
Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
Per 901.08 Adjustment Due to Permanent Promotion to a
Different Position.
(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) Pay
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 provided the request is approved by the division prior to the offer
letter being signed by the candidate.
(d) When a promotion to a different position and an
increment fall within the same pay period, the rate of pay shall be established
by first granting the increment in the former pay band and then establishing
the promotional rate of pay pursuant to Per 901.08(a).
(e) With the exception of employees at the
maximum pay step prior to promotion, an employee’s increment date shall not be
adjusted as a result of permanent promotion to a
different position unless the waiting period in the collective bargaining
agreement is longer than the new assigned step.
(f) Employees at the maximum pay step prior to
promotion to a different position 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
Per 901.09 Adjustment Due to Broad Group Advancement.
(a) When a qualified employee is advanced to the
next broad group level, the appointing authority shall assign the lowest step
in the pay band of the new job title which is at least the equivalent of one
pay increment higher in the pay band of the former job
title.
(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) Pay 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 this chapter 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 broad group level advancement and an increment
fall within the same pay period, the rate of pay shall be established by first
granting the increment in the former pay band and then establishing the broad
group level advancement rate of pay pursuant to Per 901.09(a).
(e) With the exception of employees at the
maximum pay step prior to broad group level advancement, an employee’s
increment date shall not be adjusted as a result of
permanent broad group level advancement unless the waiting period in the
collective bargaining agreement is longer than the new assigned step.
(f) Employees at the maximum pay step prior to
broad group level advancement shall have the year of their increment date
adjusted based on the employee’s new broad group level advancement step
placement.
Source. #14439, eff 12-1-25, EXPIRES: 12-1-35
Per 901.10 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 job title 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 job title.
(b) A full time employee who is temporarily promoted shall be
compensated upon assignment of the higher level duties
at the pay level established for the job title 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 400 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 pay shall be returned to
the former pay band and step from which the employee was promoted. If the
employee received an increment during the temporary promotion, the step
assignment in the former pay band shall be adjusted accordingly, effective the
date of return to the former pay band.
(f) With the
exception of employees at the maximum pay step prior to temporary promotion, an
employee’s increment date shall not be adjusted as a result
of temporary promotion unless the waiting period in the collective
bargaining agreement is longer than the new step assigned.
(g) Employees
at the maximum pay 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; ss by #14439, eff 12-1-25, EXPIRES: 12-1-35
(formerly Per 901.09)
Per 901.11 Adjustment
Due to Reallocation or Reclassification.
(a) If the
director approves the reclassification of a position into a job title with a
different pay band, the incumbent's pay shall be adjusted in accordance with
the provisions of Per 303.06.
(b) If the
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 pay shall be adjusted in accordance with Per 901.10(e).
(c) With the
exception of employees at the maximum pay step prior to reclassification, an
employee’s increment date shall not be adjusted as a result
of reclassification unless the waiting period in the collective
bargaining agreement is longer than the new step assigned.
(d) Employees
at the maximum pay step prior to reclassification shall have the year of their
increment date adjusted based on the employee’s new 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35 (formerly Per 901.10)
Per 901.12 Adjustment
Due to Temporary Fill-in Promotion Assignment.
(a) If a
position is posted pursuant to Per 601.06 and a temporary fill-in employee
assigned pursuant to Per 601.06(f) is selected to fill the position on a
full-time basis, then 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.
(b) If a
temporary fill-in employee assigned pursuant to Per 601.06 is selected to fill
a permanent vacancy which is different in function from the fill-in assignment,
then 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.
Source. (See Revision Notes at chapter heading for
Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35 (formerly Per 901.11)
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 pay to which the employee is entitled under
the classification and compensation 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 pay
band assigned under the classification plan.
(d) The receipt
of a longevity payment under paragraph (a) shall not prohibit any employee from
earning a pay increment within the pay band assigned under 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 pay to 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35
PART Per 903 OVERTIME FOR NON-EXEMPT EMPLOYEES
Per 903.01 Applicability. This part shall apply only to non-exempt
employees and any use of the term “employee” in this part shall refer only to
non-exempt employees.
Source. #14439, eff 12-1-25, EXPIRES: 12-1-35
Per 903.02 Authorization.
(a) No employee
shall perform work in excess of the basic work period
applicable to that employee without having received prior authorization from
their appointing authority or supervisor.
(b) Any
employee who works in excess of their basic work
period without having received prior approval, as specified in (a), shall:
(1) Be
compensated as specified in this part for such work; and
(2) Be subject
to discipline under Per 1000.
(c) No employee shall be entitled to receive
authorization to perform work beyond the basic work period. The fact that an employee has received
previous authorization to perform work beyond the basic work period, without
regard to the frequency or the duration of such authorization, shall not
entitle the employee to future authorizations.
Source. (See Revision Notes at chapter heading for
Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35 (formerly Per 903.01)
Per 903.03 Notification
of Overtime.
(a) When a
supervisor determines that overtime work is necessary for the agency to meet
its operational needs, the supervisor shall give notice to an employee that:
(1) Authorization
for overtime work will be granted to an employee who wishes to perform such
work on a voluntary basis; or
(2) The
employee will be required to work overtime.
(b) A
supervisor shall give at least 4 hours
notice to an 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35 (formerly Per 903.02)
Per 903.04 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) For an
employee with a basic work period of 40 hours per week, or with a basic work
period of greater than one week authorized under a collective bargaining
agreement and the Fair Labor Standards Act, including but not limited to a
“Garcia” schedule, the appointing authority shall pay the employee overtime pay
at the rate of time and one half for all work performed in excess of the basic
work period.
(d) For an
employee with a basic work period of 37 1/2 hours, the appointing authority
shall pay the employee for work performed in excess of
the basic work period as follows:
(1) The first 2
1/2 hours beyond 37 1/2 hours shall be paid at the employee's regular rate at
straight time; and
(2) Any hours
above 40 shall be paid at the rate of time and one half.
(e) Except as
otherwise provided in (g) and (h), all hours that an employee has actually
worked or is required to be compensated for pursuant to a collective bargaining
agreement, known as paid status in the
human resource management system, except unscheduled sick leave, shall
constitute time worked for the purpose of determining the work period required
to establish eligibility for overtime compensation.
(f) An employee
shall not be allowed to pyramid or otherwise duplicate compensation by
accumulating overtime, holiday, or any other premium pay.
(g) Hours
compensated while on authorized overtime in accordance with RSA 99-B and RSA
99-C shall not constitute time worked.
(h) Notwithstanding (e), above, and in accordance
with Per 903.02(c), no employee who has reached the hours of the basic work
period by any combination of hours actually worked or
hours in paid status shall be entitled to paid leave for any additional hours
beyond the basic work period. An
appointing authority shall not approve any paid leave beyond that necessary to
allow the employee to meet the applicable basic work period. When an employee has reached the hours of the
basic work period by any combination of hours actually worked
or hours in paid status and then actually works in excess of
the basic work period, the appointing authority shall pay overtime as specified
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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35 (formerly Per 903.03)
Per 903.05 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 the basic
work period shall receive compensatory time for the number of actual overtime
hours worked in accordance with the rates specified in Per 903.04.
(c) The appointing authority shall not require any
employee to accrue by overtime work compensatory time in an amount that exceeds
the number of hours in the employee's basic work period, unless:
(1) The
appointing authority and employee 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 require that an 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35 (formerly Per 903.04)
Per 903.06 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 required 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 work
period 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35 (formerly Per 903.05)
Per 903.07 Overtime When Employee is Called Back to
Work.
(a) 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)
Notwithstanding Per 903.04(d)(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 work period for premium pay purposes.
(b) Employees called back to work under
paragraph (a) shall be paid for hours worked and their commute time. This is
also known as 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35 (formerly Per 903.06)
Per 903.08 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; ss by #14439, eff
12-1-25, EXPIRES: 12-1-35 (formerly Per 903.07)
PART Per 904
EXEMPT EMPLOYEES – COMPENSATION FOR EXCESS HOURS
Per 904.01 Applicability. This part shall apply only to exempt
employees, as defined in Per 102.38, and any use of the term “employee” in this
part shall refer only to exempt employees.
Source. #14439, eff 12-1-25, EXPIRES: 12-1-35
Per 904.02 Authorization.
(a) No employee shall perform work in excess of the basic work period applicable to that
employee without having received prior authorization from their appointing
authority or supervisor.
(b) Any employee who works in
excess of their basic work period without having received prior
approval, as specified in (a), shall:
(1) Be
compensated as specified in this part for such work; and
(2) Be subject
to discipline under Per 1000.
(c) No employee shall be entitled to receive
authorization to perform work beyond the basic work period. The fact that an employee has received
previous authorization to perform work beyond the basic work period, without
regard to the frequency or the duration of such authorization, shall not
entitle the employee to future authorizations.
Source. #14439, eff 12-1-25, EXPIRES: 12-1-35
Per 904.03 Reasonable Notice. When a supervisor determines that work in excess of the basic work period is necessary for the
agency to meet its operational needs, the supervisor shall provide
to an exempt employee as much notice as is
practicable under the circumstances that the employee will be required to work in excess of the basic work period.
Source. #14439, eff 12-1-25, EXPIRES: 12-1-35
Per 904.04 Compensation.
(a) If an employee is required to work in excess of the basic work period, the appointing authority
shall pay the excess hours at the employee's regular rate of pay, at straight
time, unless the rate of the position assigned is higher, in which case the
employee shall receive the higher rate at straight time unless otherwise
collectively bargained.
(b) If an employee works excess hours in a
position with a lower rate of pay, the appointing authority shall pay the
excess hours at one of the following rates, at straight time:
(1) If the
employee is required by the appointing authority to work excess hours in the
lower position, the appointing authority shall compute the employee's pay at
the employee's regular rate; and
(2) If the
employee volunteers to work excess hours in a position at the lower rate of
pay, the appointing authority shall pay at the lower rate.
Source. #14439, eff 12-1-25, EXPIRES: 12-1-35
Per 904.05 Compensatory Time in Lieu of Payment.
(a) When authorized, payment for excess hours
shall be subject to the availability of appropriate funding.
(b) Whenever funds are not available, employees
who work authorized excess hours shall receive compensatory time, at straight
time, for the number of actual excess hours worked.
(c) The appointing authority shall not require
any employee to accrue by working excess hours, compensatory time in an amount
that exceeds the number of hours in the employee's basic work period, unless:
(1) The
appointing authority and employee mutually agree to exceed the limit
established in paragraph (c); or
(2) An employee
is required to work authorized excess hours beyond the limits set forth above
and is paid for all excess hours worked.
(d) The appointing authority shall require that
an employee use 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. #14439, eff 12-1-25, EXPIRES: 12-1-35
PART Per 905
INCREASING COMPENSATION FOR RECRUITMENT,
RETENTION
Per 905.01 Request
for Temporary Increase for Recruitment or Retention.
(a) An
appointing authority may request an increase in the compensation of a job
title, for recruitment or retention purposes under RSA 99:8 by submitting a
request to the director containing the following information:
(1) A
comparison of compensation 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 compensation;
(2) A
recommended percentage increase over the current pay band assignment of the job
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 compensation
of employees subject to the proposed increase; and
(4) The number
of positions affected by the proposed increase and the overall cost of the
proposed increase.
(b) If the
director approves the proposed increase in compensation based upon the
information provided in (a) or the director’s own market studies:
(1) The
director shall inform the appointing authority in writing; and
(2) The
appointing authority shall submit to the governor and council a recommendation
in the form of a suggested percentage increase in the compensation of the
employees subject to the increase, for a specified period of
time.
(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, 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; ss by #14439, eff 12-1-25, EXPIRES: 12-1-35
(formerly Per 904.01)
CHAPTER Per 1000
INVESTIGATIONS, DISCIPLINE, NON-DISCIPLINARY COMMUNICATIONS, AND
NON-DISCIPLINARY REMOVAL
PART Per 1001
NON-DISCIPLINARY COMMUNICATIONS FOR PURPOSES OF CORRECTIVE ACTION OR
COUNSEL
Per 1001.01 Memos
of Counsel.
(a) An appointing authority, or any person having
supervisory authority over the employee, may, prior to initiating any
discipline in accordance with Per 1003.01, issue to an employee, and place
within that employee’s file, a memo of counsel informing the employee of any
matter related to that employee’s performance or conduct that requires
improvement or correction.
(b) A memo of counsel issued to an employee in
accordance with (a), above, may contain a corrective action plan or other
guidance informing the employee of the steps necessary to constitute a
correction or improvement of the performance or conduct that is the subject of
the memo of counsel.
(c) If a memo of counsel is issued, the
appointing authority, or any person having supervisory authority over the
employee, shall, within 90 days of issuance:
(1) If there
has been sufficient opportunity to assess the employee’s progress:
a. Issue a
subsequent written communication to the employee noting whether
or not the performance or conduct that is the subject of the memo of
counsel has been corrected; and
b. Attach the
subsequent written communication issued in accordance with a., above, to the
original memo of counsel; or
(2) Issue
additional subsequent communications if there has been insufficient opportunity
to assess the employee’s progress, because of:
a. Absence of
the employee preventing the employee from performing their regular duties;
b. Absence of
the employee’s supervisor preventing a proper assessment of progress; or
c. Other
reasonable circumstances preventing the appointing
authority or other person having supervisory authority over the employee from
assessing the progress of the employee.
(d) If the appointing
authority, or any person having supervisory authority over the employee, has
had sufficient opportunity to assess the employee’s progress and determines
that the employee has not demonstrated improvement, the appointing authority
shall:
(1) Issue
additional subsequent communications in accordance with (c) above, to allow
additional opportunity for improvement; or
(2) Proceed
with disciplinary measures pursuant to Per 1003.
(e) Subject to (f) below, at the next performance
evaluation conducted, in accordance with Per 801, occurring after issuance of a
memo of counsel, the appointing authority or any person having supervisory
authority over the employee, shall:
(1) Remove the
original memo of counsel and related communications from the employee’s file;
and
(2) If they
wish to preserve a record of the employee’s performance or conduct, incorporate
the content of the memo of counsel and subsequent related communications into
the evaluation and make them a part thereof.
(f) In the event that the employee’s next
performance evaluation occurs within 90 days of issuance of a memo of counsel,
the appointing authority shall not be required to comply with (e) until the
next duly conducted performance evaluation.
(g) A memo of counsel and related communications
arising therefrom shall be removed from an employee’s personnel file:
(1) As
specified in (e) above;
(2) If the
appointing authority fails to comply with (c) above; or
(3) The
appointing authority or any person having supervisory authority over the
employee determines, at any time prior to an evaluation, that the employee has
corrected the conduct or performance issues that were the subject of the memo
of counsel.
Source. #14065-B, eff 8-23-24; ss by #14435. eff
12-1-25, EXPIRES 12-1-35
PART Per 1002
NON-DISCIPLINARY SUSPENSIONS AND DEMOTIONS FOR INVESTIGATIVE PURPOSES
Per 1002.01 Non-Disciplinary
Suspension With Pay for Purposes of Investigation
(a) An
appointing authority, with the approval of the director, may suspend an
employee with pay for a period of up to 30 calendar days when allegations of
misconduct made against an employee are related to the employee’s duties and
responsibilities and require an internal, external, or criminal investigation.
(b) In
providing an approval or denial under (a) above, the director shall consider
factors such as:
(1) Whether the
employee presents a danger to themselves, 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.
(e) The
director shall grant an extension requested under (d) above if, at the end of a
period of suspension, the appointing authority demonstrates that:
(1) The conditions set forth in (b) above
continue to exist; and
(2) The internal, external, or criminal
investigation has not been completed.
Source. (See Revision
Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff
5-17-15; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-26
Per 1002.02 Non-Disciplinary
Suspension Without Pay for Purposes of Pending Criminal Charges.
(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 when:
(1) The nature
of the criminal charges brought conflict with the duties and responsibilities
of the employee’s position; and
(2) The criminal
charges warrant the removal of the employee from the worksite.
(b) In approving an employee’s suspension without
pay under (a) above, the director shall base the determination on factors such
as, but not limited to, the following:
(1) Whether the
employee presents a danger to themselves, to others, or to state property or records
during the pendency of the criminal proceedings;
(2) Whether the
employee’s presence in the workplace impedes the criminal proceedings or intimidates
witnesses or coworkers;
(3) Whether the
employee’s presence in the workplace during the pendency of the criminal
proceedings 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 criminal proceedings;
(5) Whether the
criminal proceedings make it impossible for the employee to complete core tasks
of the position, such as law enforcement, direct care, or similar duties; and
(6) The
likelihood that the employee will have access to or attempt to influence or
intimidate witnesses necessary to the criminal
proceedings.
(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
criminal proceedings have not been completed.
(e) If, at the
conclusion of the 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.
(f) If, at the conclusion of the criminal
proceedings, the appointing authority determines that some disciplinary action
is warranted other than termination for cause, 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 and
less the value of any suspension or demotion, if imposed.
Source. (See Revision Notes at chapter heading for
Per 100) by #8738, eff 10-18-06; ss by #10817, eff 5-17-15; renumbered by
#14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-36
Per 1002.03 Notice
of Non-Disciplinary Suspensions.
(a) At the time
of the non-disciplinary suspension, the appointing authority shall issue
written notice of the 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) If an
extension is granted under Per 1002.01 or Per 1002.02, the appointing authority
shall notify the employee in writing.
(c) At the
conclusion of an investigation or criminal proceedings, the appointing
authority shall provide the employee who has been suspended with written notice
indicating what action, if any, will be taken.
(d) At the
conclusion of the investigation or criminal proceedings, 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.
(e) The director shall approve an extension under
(e) above if, at the conclusion of the investigation or criminal proceedings:
(1) The
evidence resulting from the investigation or criminal proceedings 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; renumbered by #14065-B;
ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per 1002.04 Temporary Non-Disciplinary Demotion
Pending Investigation or Criminal Proceedings.
(a) An
appointing authority may demote an employee pending the outcome of a criminal
proceeding or 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 demotion, if known.
(c) At the conclusion of the investigation or
criminal proceedings, the appointing authority shall provide the employee who
has been temporarily demoted with written notice indicating what disciplinary
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; renumbered by #14065-B;
ss by #14435, eff 12-1-25, EXPIRES 12-1-35
PART Per 1003
DISCIPLINE
Per 1003.01 Forms
of Discipline. The following
disciplinary measures shall exist for full-time employees within the state
system:
(a) Termination
for cause during probationary period;
(b) Written
warning;
(c) Withholding
pay increment;
(d)
Disciplinary suspension without pay;
(e)
Disciplinary demotion; and
(f) Termination
for cause.
Source. (See Revision Notes at chapter heading for
Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per 1003.02 Termination for Cause for Part-time
Employees and During the Probationary Period for Full-time Employees.
(a) At any time
during the probationary period of a full-time employee or at any time for a
part-time employee, an appointing authority may terminate an employee for cause
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 termination for cause is not:
(1) Arbitrary;
(2) Illegal;
(3) Capricious;
or
(4) Made in bad
faith.
(b) No
appointing authority shall terminate an employee for cause under this rule
until the appointing authority offers to meet with the employee, prior to
issuing the notice of termination for cause, to discuss the appointing
authority's reason(s) supporting the decision to terminate the employee for
cause.
(c) An
employee's failure to respond to a request for a meeting with the appointing
authority shall not bar the appointing authority from terminating an employee for
cause pursuant to this part.
(d) An
employee's refusal to meet with the appointing authority shall not bar the
appointing authority from terminating an employee for cause pursuant to this
part.
(e) If an
appointing authority determines that there are sufficient grounds to terminate the
employee for cause pursuant to this part, the appointing authority shall:
(1) Prepare a
written notice of termination for cause to be given to the employee specifying
the reason(s) for termination for cause;
(2) Notify the
employee in writing, unless the employee is part-time, that the employee may
appeal the termination for cause to the personnel appeals board within 15
calendar days of the notice of termination for cause; and
(3) Forward a
copy of the written notice of termination for cause 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; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per 1003.03 Determining the Appropriate Form of
Discipline. In determining the
appropriate form of discipline under Per 1003.04 through 1003.08, 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; renumbered by
#14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per 1003.04 Written
Warning.
(a) A written
warning, in the form of a letter of 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 broad group
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; or
(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, in the form of a letter of 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 termination for cause as
described in Per 1003.08(c)(1) or Per 1003.08(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 termination for cause in
accordance with Per 1003.08(c)(1) or Per 1003.08(c)(2), notify the employee
that failure to take corrective action shall result in additional disciplinary
action up to, and including, termination for cause;
(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, they 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) The written
warning and related communications arising therefrom shall be removed from an
employee’s personnel file:
(1) If the
appointing authority fails to comply with (c)(1) through (5) above; or
(2) Five years
from the date of issuance.
(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, termination for cause pursuant to Per 1003.
(f) 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 1003.
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; renumbered by #14065-B; ss by #14435, eff
12-1-25, EXPIRES 12-1-35
Per 1003.05 Withholding
Pay 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
pay increment for unsatisfactory work performance when:
(1) Either:
a. The
employee’s current performance evaluation indicates that the employee’s
performance fails to meet expectations overall; or
b. 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; and
(b) The written
notice of the withholding of an employee's pay 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
pay 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, termination for cause;
(5) Include a
copy of the performance evaluation completed in accordance with Per 801;
(6) Be signed
by the appointing authority or their 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, they 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 written warning 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, termination for cause pursuant to Per 1003.
(f) Notice to
the appointing authority that an employee is seeking resolution of the
withholding of the pay 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 pay
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 pay increment shall result in the establishment of
a new pay increment date in accordance with Per 900.
(i) The employee shall not be eligible to receive
an additional pay increment until the employee has completed at
least 12 months of satisfactory work from the date the pay 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; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per 1003.06 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 1003.04, 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 for 30 days
or less that is required by the broad group 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 broad group
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 1003.04 or Per 1003.08.
(b) Except as
provided in Per 1003.06(c), the period of such suspension shall be not less
than one work day nor more than 20 work
days.
(c) No
appointing authority shall suspend an 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 1003.06; 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 1003.06.
(d) 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, termination for cause;
(5) Notice that
the suspension shall be deemed a written warning under the provisions of Per
1003; and
(6) Notice to
the employee that the suspension may either be:
a. Appealed to
the personnel appeals board within 15 calendar days from the date of notice
pursuant to RSA 273-D:3; or
b. Resolved
through the procedures for settlement of disputes pursuant to Per 205.
(e) 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, termination for cause pursuant to Per 1003.
(f) Notice to
the appointing authority that an employee is seeking resolution of the
suspension through the procedures for settlement of disputes pursuant to Per
205, or that the employee is appealing the suspension to the personnel appeals board
pursuant to RSA 273-D:3, 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; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per 1003.07 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 their assigned supervisory responsibilities;
or
(5) For conduct
or failure to meet work standards for which discipline may be issued pursuant
to Per 1003.04, Per 1003.05, or Per 1003.06 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 an 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 273-D:3; or
b. Resolved
through the procedures for settlement of disputes pursuant to Per 205; and
(3) Notice that
the demotion shall also serve as a written warning under the provisions of Per
1003.
(d) Notice to
the appointing authority that the employee is seeking resolution of the
demotion through the procedures for settlement of disputes pursuant to Per 205
or is appealing the demotion to the personnel appeals board pursuant to RSA
273-D:3 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; renumbered by #14065-B;
ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per 1003.08 Termination for Cause.
(a) Termination
for cause shall be considered the most severe form of discipline.
(b) An
appointing authority may terminate for cause 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) Revocation
or suspension that will last more than 30 days of a license or certification or
other form of permission required by the broad group specification or
supplemental job description for the performance of the duties of a position;
(3) Failure to
report to the agency the revocation or suspension of a license, certification,
or other form of permission required by the broad group 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 represents a
substantial cost for repair or replacement or risk thereof;
(7) Violation
of a posted or published agency policy or procedure, the text of which warns
that violation of same may result in termination for cause;
(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 for cause;
(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) 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 the appointing
authority takes the appropriate disciplinary action, including possible
conditional discipline, within 30 calendar days after learning of a conviction;
(22) 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;
(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 shall have the
discretion to condition the severity or nature of any disciplinary sanctions
for violations of Per 1003.08(b)(18), (19), (20), or (21) 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.
(d) An
appointing authority may terminate an employee for cause
who has received multiple warnings for the offenses described in this part as
stated below:
(1) An
appointing authority may terminate an employee for cause for conduct described
in Per 1003.04 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 termination for cause
as set forth in this rule; and
(2) An
appointing authority may terminate an employee for cause for conduct described
Per 1003.04 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 termination for cause.
(e) No appointing authority shall terminate for
cause an 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 terminate for cause 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 terminating for cause 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 terminating for cause an employee pursuant to this
part; and
(3) Documents
in writing the nature and extent of the offense.
(f) If an
appointing authority, having complied with the provisions of Per 1003.08(e)
finds that there are sufficient grounds to terminate for cause an employee, the
appointing authority shall:
(1) Provide a
written notice of termination for cause, specifying the nature and extent of
the offense;
(2) Notify the
employee in writing that the termination for cause may be appealed under the
provisions of RSA 273-D:3, within 15 calendar days of the notice of termination
for cause; and
(3) Forward a
copy of the notice of termination for cause to the director.
(g) An appeal filed under the provisions of RSA
273-D:3 shall not stay the termination for cause decision.
(h) Nothing in
this rule shall prohibit an appointing authority from allowing an employee to
request that the employee be allowed to resign in lieu of termination for cause
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 terminate for
cause; and
(3) The
employee certifies in writing the employee's understanding that a resignation
in lieu of termination for cause may not be resolved through the settlement of
disputes, pursuant to Per 205, or, except as otherwise provided in Per 205.08(i), by appeal to the personnel appeals board
pursuant to the provisions of RSA 273-D:3.
(i) Nothing in this rule shall require that an appointing authority allow an
employee to resign in lieu of being terminated for cause 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; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35
PART Per 1004
REMOVAL FOR NON-DISCIPLINARY REASONS
Per 1004.01 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; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per 1004.02 Request
for Assessment Information.
(a) If an
appointing authority determines based on a good faith basis that, pursuant to
Per 1004.01, a full-time employee or part-time employee might need to be
removed for non-disciplinary reasons, the appointing authority shall provide
written notice to the employee informing the employee that:
(1) The
employee is facing possible non-disciplinary termination;
(2) The
employee shall 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; and
(3) Failure to provide a medical assessment or
any information required under this section may result in disciplinary action
in accordance with Per 1003 unless the employee is able to prove they attempted
to comply with the request.
(b) Upon receipt of a written notice as described
in Per 1004.02(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, within 10 business
days, provide the following information to the employee and the employee’s
licensed health care practitioner:
(1) The employee's broad group 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 require the employee to submit to an independent
medical examination if:
(1) The appointing authority determines that the
information supplied by the employee’s licensed health care practitioner is
unresponsive, incomplete, or otherwise insufficient for the appointing
authority to determine if the employee is fit to perform the essential
functions of the position; or
(2) The
appointing authority has a reasonable belief that, despite the information
supplied by the employee’s licensed health care practitioner, the employee
might not be fit to perform the essential functions of the position. The basis for such belief shall be stated in
a notice provided to the employee in accordance with (e), below, and shall
include but not be limited to incidents documented by the employee’s supervisor
demonstrating an inability to perform the essential functions of the
position.
(e) When
the appointing authority determines that an independent medical exam is
necessary, the appointing authority shall:
(1) Provide
written notice to the employee stating:
a. That the employee is required to submit to an
independent medical examination;
b. The reasons for requiring the independent
medical examination, as specified in (d), above;
c. A proposed date and time for the independent
medical examination to be performed, if it has already been scheduled;
d. That if the
independent medical examination has not already been scheduled or, if the employee cannot appear at the scheduled time, the
employee shall work cooperatively with the supervisor to schedule a mutually
agreeable time for the independent medical examination to be performed; and
e. That failure to appear at an independent
medical examination may result in disciplinary action in accordance with Per
1003;
(2) Bear
the full cost of an independent medical examination performed pursuant to this
part;
(3) Consider the employee’s appearance at a
scheduled independent medical examination to be time worked; and
(4) Not cause the employee to suffer a loss of
pay or leave for purposes of the examination or while waiting for said
examination.
Source. (See Revision Notes at chapter heading for
Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; renumbered by
#14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per
1004.03 Removal.
(a) An
appointing authority shall not remove a full-time employee for reasons arising
under this part unless the appointing authority:
(1) Has obtained medical assessment information
specified in Per 1004.02 indicating that the employee is physically or mentally
unable to perform the essential functions of the position; or
(2) The employee has failed to comply with any of
the requirements specified in Per 1004.02 and has, as a result, created cause
for disciplinary termination for cause in accordance with Per 1003.
(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 1004.02(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; or.
(5) Assessment
information obtained from the employee or otherwise lawfully provided to the
appointing authority.
(c) Prior to
removal of an employee in accordance with Per 1004, 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:
(1) Amend the
duties of the position to accommodate the employee's known medical condition,
provided, however, that an amendment that alters the essential duties and
responsibilities of the employee's position shall not be required or permitted
except in accordance with Per 300;
(2) Transfer
the employee to a position for which the employee, with reasonable
accommodation, is qualified; or
(3) Demote the
employee to a position for which the employee is qualified, with or without
reasonable accommodation.
(d)
If the appointing authority
is unable to make a reasonable accommodation that 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 for non-disciplinary reasons 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; renumbered by #14065-B; ss by #14435, eff 12-1-25, EXPIRES 12-1-35
Per 1004.04 Written Notice.
(a) The
appointing authority shall provide written notice to any employee removed from
employment under this part for non-disciplinary reasons 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 personnel appeals board under the provisions of RSA
273-D:3.
(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; renumbered by #14065-B;
ss by #14435, eff 12-1-25, EXPIRES 12-1-35
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. #8738, eff 10-18-06; ss by #9280, eff
10-1-08; ss by #10817, eff 5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1101.02 Procedure for Layoff and Demotion in Lieu
of Layoff.
(a) An appointing authority shall first
determine, by division, the job title(s) to be affected within the agency.
(b) Each employee whose position is in an
affected job title shall be considered with other employees in the same job
title within a division of an agency, as the term “division” is defined in
RSA 21-G:5, VIII, 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) Per diem, temporary fill-in, or probationary
employees in a given job title within the same
division of the agency shall be terminated due to any of the reasons listed in
Per 1101.01 prior to laying off any permanent employees serving in the same job
title 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.
(f) Prior to layoff,
appointing authorities, with the assistance of the division of personnel,
shall attempt to reassign an employee into a vacant position under the
following conditions:
(1) The reassignment does not result
in a promotion;
(2) The employee being reassigned
qualifies for the vacant position; and
(3)
The employee being reassigned accepts the reassignment.
(g) If there is no vacancy into which an
employee can be reassigned as provided in (f) above, or the employee does not
accept the reassignment, an appointing authority shall attempt to demote an
employee in lieu of layoff as long as the employee can
be certified for the lower classification pursuant to Per 403.
(h) An appointing authority may demote an
employee in lieu of layoff when:
(1) Such demotion serves to protect
the efficiency of the agency;
(2)
The demotion is to the highest available position below the employee’s
current position within their job title: and
(3)
The employee being demoted accepts the demotion.
(i) If there is no
vacancy into which an employee can be demoted as provided in (h) above, or the
employee does not accept the demotion, an appointing authority shall issue a
notification of layoff.
(j) Upon notification of layoff, an employee
with 10 or more years of continuous full-time service may bump another employee
within the same division of the agency as long as the
following conditions are met:
(1) The employee exercising bumping
privileges has more seniority than the employee being bumped;
(2) The employee being bumped has
fewer than 10 years of continuous full-time service;
(3) The employee exercising
bumping privileges is certified pursuant to Per 405 for the position into which
the employee will bump; and
(4) The employee electing
to bump another employee within the same division of the agency shall only be
allowed to bump into a position having a lower starting pay band than the
position from which they are being laid off.
(k) Within 10 working days of the date of notice of layoff, the employee electing to bump another
employee within the agency division shall notify the appointing authority of
the position into which they intend to bump. Failure to provide such notice
within the 10 working day time limit shall result in
the loss of the right to bump.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14132-B, eff 11-27-24; ss by #14436, eff 12-1-25, EXPIRES:
12-1-35
Per 1101.03 Notice
of Layoff.
(a) With the
exception of (b) below, an appointing authority shall give written notice of
the proposed layoff, the reasons for the layoff, and the information contained
in Per 1101.02(j) and (k), to the affected employee(s) and to the director at
least 14 calendar days before the date the layoff becomes effective.
(b) In the case
of temporary fill-in, seasonal part-time, part-time, or intermittent employees,
advance written notice of layoff shall not be
required.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1101.04 Requests for Director’s Review of Layoff.
(a) With the
exception of (c) below, requests for director’s review of layoff
shall be limited to the correct determination of an employee's seniority date.
(b) Requests
for director’s review shall be filed with the director within 5 working days
after the date of the notice of layoff.
(c) Employees
working less than 37 ½ hours shall not be entitled to request the director’s
review of any layoff determination.
(d) Within 2
business days, the director shall notify the employee in writing of their decision.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1101.05 Employee's Personnel Record. When an appointing authority lays off a
permanent employee, or terminates a temporary fill-in or probationary employee
as part of the layoff process, the appointing authority shall note the
following in the employee's permanent record or file:
(a) That the
employee left state service because of a layoff; and
(b) That the
reason for leaving reflects no discredit on the service of the employee.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1101.06 Layoff Recall Following Layoff or Demotion
in Lieu of Layoff.
(a) When the
reason(s) for layoff or a demotion in lieu of layoff
no longer apply, and the appointing authority chooses to fill a vacant
position, the appointing authority shall first attempt to fill the vacancy in
accordance with this section by using one of the following methods:
(1) Recalling
an employee demoted in lieu of layoff; or
(2) Recalling a
laid off employee.
(b) An
appointing authority shall not fill
a vacant position in accordance with this section unless the laid off employee
or employee demoted in lieu of layoff meets the minimum qualifications of the
vacant position classification and supplemental job description for that
position.
(c) Laid off
employees and employees demoted in lieu of layoff shall be recalled to the same
classification within the same agency from which the employees were laid off or
demoted in lieu of layoff according to the same order of seniority which the
appointing authority applied to layoff the employees or to demote the employees
in lieu of layoff, provided recall occurs within 3 years from the original
layoff date.
(d) If an
employee who is recalled refuses to accept the position to which the employee has been recalled, the
employee shall not be recalled to
any subsequent vacancy within that classification within that agency.
(e) Whenever a
former employee who has been laid off from state service is recalled within 3
years, the previously accumulated and unused balance of sick leave allowance
shall be restored and credited to the employee.
(f) When an employee
who has been laid off is recalled, the employee’s seniority date shall be
adjusted by adding each year, month, and day of prior seniority credit to the
effective date of return to service as provided in Per 1101.02(c).
(g) When an employee
who has been laid off is recalled, the employee’s new increment date shall be
established in accordance with Per 901.04.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #14436, eff 12-1-25,
EXPIRES: 12-1-35
Per 1101.07 Reemployment
Following Layoff or Demotion in Lieu of Layoff.
(a) Before
initiating recruitment as described in Per 400, if the appointing authority cannot
fill a vacant full-time position pursuant to Per 1101.06, the appointing
authority, in conjunction with the division, shall attempt to fill that
position by reemployment of:
(1) A current
agency employee who was demoted in
lieu of layoff; or
(2) A laid off
former agency employee who held a position at the time of layoff that was in a
different classification from that of the vacant position.
(b) An appointing authority shall not fill a
vacant position in accordance with this section unless the laid off employee or
employee demoted in lieu of layoff meets the minimum qualifications of the
vacant position classification and the supplemental job description for that
position and provided that such reemployment does not result in a promotion.
(c) Whenever a former employee who has been laid
off from state service is reemployed or rehired within 3 years, the previously
accumulated and unused balance of sick leave allowance shall be restored and
credited to the employee.
(d) When an employee who has been laid off is
reemployed or rehired, the employee’s seniority date shall be adjusted by
adding each year, month, and day of prior seniority credit to the effective
date of return to service as provided in Per 1101.02(c).
(e) When an employee who has been laid off is
reemployed or rehired, the employee’s new increment date shall be established
in accordance with Per 901.04.
Source. #10817, eff 5-17-15; ss by #14436, eff
12-1-25, EXPIRES: 12-1-35
CHAPTER Per 1200
ATTENDANCE AND LEAVE
PART Per 1201
ATTENDANCE
Per 1201.01 Basic
Work Period.
(a) The basic
work period for every full-time administrative, executive, and professional
employee in the state classified service, with due allowance for authorized
holidays and leaves of absence with pay, shall be 37 1/2 hours per week.
(b) The basic
work period for every full-time trade, custodial, direct care, protective
service, or other employee in a similar category in the state classified
service, with due allowance for authorized holidays and leaves of absence with
pay, shall be 40 hours per week.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per
1201.02 Deviations from the Basic
Work Period.
(a) If an appointing authority determines that
the agency has an operational need to alter the basic work period established
under Per 1201.01 for any position, the appointing authority shall request a
deviation from the established basic work period by submitting a written
request to the director and to the manager of employee relations.
(b) A request to deviate from the basic work
period shall include:
(1) A narrative
justification for the request that specifies:
a. The duties and responsibilities of the
position and an explanation of why the position is distinguishable from other
positions with the same job title or similarly situated positions within the
agency operating under the established work period;
b. The duties and responsibilities of any
positions supervised by the position for which the deviation is sought;
c. Why alternative mechanisms, including but not
limited to any of the following, are insufficient to satisfy the agency’s
operational needs:
i. Authorizing an employee in the position to
work hours in excess of the basic work period, in
accordance with Per 900; or
ii. Reclassifying the position to a job title
with the requested basic work period;
(2) A SJD for
the position for which the deviation is sought;
(3) A SJD for
any positions supervised by the position for which the deviation is sought;
(4) An agency
organizational chart showing the position for which the deviation is sought and
any other positions in the agency within the same job title; and
(5) If the
appointing authority asserts as justification for the request prior deviations
for identical positions within the job title or similarly situated positions
within the agency:
a. Documentation of any prior requests for
deviations submitted to the division; and
b. Documentation of any approvals previously
issued by the director or the manager of employee relations in response to
those requests.
(c) The
director shall approve deviations from the assigned basic work period under Per
1201.01(a) or (b) for reasons including, but not limited to:
(1) A
supervisory position with a shorter work period than the supervisor’s
subordinate employees;
(2) Exigent
work and needs of the agency;
(3) Changes in
the agency’s business hours or hours of operation;
(4) Weather
events or similar emergencies;
(5) Seasonal
operating hours; or
(6) Consistency of working hours for all workers
within a section or bureau.
(d) No approval to alter an established basic
work period shall be approved unless the director, in consultation with the
manager of employee relations determines that:
(1) The
operational needs of the agency cannot be met by authorizing an employee in the
position to work hours in excess of the basic work
period;
(2) The
operational needs of the agency cannot be met by reclassifying the position to
a job title with the requested basic work period;
(3) The request
is not being sought for purpose of circumventing the
basic weekly compensation and leave accrual rates
associated with the established basic work period of the position; and
(4) Approval of
the request can be granted without causing a disruption to the classified
structure within the agency or statewide.
(e) Previously granted deviations, in the absence
of documentation of adequate justification, shall not constitute a sufficient
basis for approval of a request to deviate from an established basic work
period.
(f) If the director, in consultation with the
manager of employee relations, determines that the appointing authority has
presented sufficient basis for the request and has satisfied the requirements
in (d), above, the director shall issue a written decision approving the
request and setting forth any conditions or limitations, including but not
limited to the conditions specified in (g) below.
(g) Any approvals issued by the director, in
consultation with the manager of employee relations, shall be subject to the
following conditions, as well as any additional conditions deemed necessary:
(1) The default
basic work period for the position shall remain unchanged, but the terms and
conditions of the new basic work period shall apply for the duration of the
approval only, unless extended as set forth in this section;
(2) Subject to
(3), below, an approved deviation shall be terminated:
a. After 2 years, or any shorter period
specified by the director in the approval;
b. Upon a vacancy in the position; or
c. Upon any change in circumstances upon which
the approved deviation is based; and
(3) Upon the
occurrence of any of the circumstances specified in (2), above, the director
shall continue an approved deviation upon submission of a statement from the
appointing authority, with supporting documentation, that a sufficient basis to
continue the deviation still exists.
(h) For the duration of the approval, the
position shall be subject to the wage schedule associated with the approved
basic work period.
(i) If the director, in consultation with
the manager of employee relations, determines that the appointing authority has
failed to provide a sufficient basis to approve the requested deviation or has
failed to satisfy the requirements of (c), above, the director shall issue a
written decision explaining the reasons for the denial.
(j) If the requested
deviation from the basic work week would also result in a different wage
schedule, then it shall not be approved if:
(1) The current
position has been assigned to a particular wage schedule through collective
bargaining or the positions associated with the proposed wage schedule were
assigned to that wage schedule through collective bargaining; or
(2) The
director, in consultation with the manager of employee relations, determines
that the request is being sought for purpose of circumventing the basic weekly
compensation and leave accrual rates associated with
the established basic work period of the position.
Source. #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1201.03 Rest Periods.
(a) No
reduction shall be made from the basic workday for rest periods of 15 minutes
in every 4 hours of working time or major fraction thereof.
(b) Rest
periods shall be taken insofar as practicable in the middle of each 4 hour period of working time, in such a manner that the
normal delivery of services shall not be interrupted.
(c) Rest
periods not used shall not be credited for leave time or used for work schedule
adjustments.
(d)
If an employee misses a
rest period, that employee shall not be permitted to leave work early because
the rest period was missed.
(e) An employee
shall not be entitled to receive additional compensation because a rest period
was missed.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1201.02)
Per 1201.04 Lunch Periods.
(a) Every
employee shall receive a lunch period of not less than 1/2 hour nor more than one hour.
(b) Lunch
periods shall not be considered working time unless
otherwise specified through collective bargaining.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1201.03)
Per 1201.05 Absence Without Proper Notification.
(a) It shall be
the employee’s responsibility to report any absence to the appointing
authority, unless, due to emergency circumstances beyond the control of the
employee, such as but not limited to the following: employee hospitalization,
failure of state electric, telephone, or computer systems, or similar barriers
to communication with the appointing authority, the employee is unable to
communicate the employee’s absence to the appointing authority.
(b) An employee
shall be considered absent without proper notification if such employee fails
to notify the appointing authority of the reason for any absence.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1201.04)
Per 1201.06 Absence
Without Authorized Leave.
(a) An employee
shall be considered absent without authorized leave if such employee fails to
appear for work, or fails to remain at work,
without receiving prior approval from the appointing authority to be absent.
(b) An employee
who fails to comply with the provisions of (a) above shall be subject to
disciplinary action, up to and including termination.
(c) At the
discretion of the appointing authority, an employee who is absent without
authorized leave may be granted some form of paid or unpaid leave for an
unauthorized absence.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly 1201.05)
Per 1201.07 Authorized
Unpaid Leave.
(a) The
appointing authority may authorize unpaid absences during the probationary
period and when an employee runs out of paid leave.
(b) Authorized
unpaid absences during a probationary period shall not, unless otherwise
authorized by law, be counted toward:
(1) Seniority
date;
(2) Completion
of the probationary period;
(3) Leave
accrual; or
(4) Increment
date.
(c) An employee
shall not be allowed to restore any unpaid absences that occur during the
probationary period.
(d) Authorized unpaid absences during a
probationary period when an employee transfers into a different position shall
not, unless otherwise authorized by law, be counted toward:
(1) Seniority date;
(2) Completion of
the probationary period;
(3) Leave accrual; or
(4) Increment date.
(1) Leave
accrual; or
(2) Increment date.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly 1201.06)
Per 1201.08 Absence
Due to a Work-Related Disability.
(a) Employees
receiving workers' compensation, and who are not working for the state on a
reduced earning capacity basis, shall be considered to be
absent pursuant to Per 1205.01.
(b) Employees
who are absent due to a work-related disability shall not be entitled to accrue
any:
(1) Annual
leave;
(2) Sick leave;
or
(3) Floating
holidays.
(c)
Employees who are absent due to a work-related disability shall not be paid for
holidays.
(d) In
accordance with RSA 100-A:6, when an employee has been totally and permanently
incapacitated for duty as a result of an accident
occurring while in the actual performance of duty, either the employee or the
appointing authority may apply for the employee to receive
disability retirement.
(e) An employee
receiving workers' compensation shall be entitled to utilize sick and annual
leave to supplement the workers' compensation payment, provided that the
combination of workers' compensation, sick, and annual
leave benefits shall not compensate the employee for more than the employee’s
full pay.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly 1201.07)
PART Per 1202
LEAVE REQUESTS
Per 1202.01 Requesting
Leave.
(a) Each
employee requesting leave shall complete a leave request on the human resources
management system by completing the fields on the system that indicate the
following:
(1) The dates
and times of the leave requested; and
(2) The type of
leave requested, selected from the following options:
a. Annual;
b. Civil, as described in Per 1208;
c. Compensatory;
d. Educational;
e. Floating holiday;
f. Military;
g. Other;
h. Without pay;
i. Sick;
j. Sick-dependent;
k. Sick-funeral; or
l. Family and Medical Leave Act (FMLA).
(b) The
employee’s immediate supervisor shall enter in the human resources management
system whether the requested leave is approved or not approved.
(c) The
employee shall state the reason for leave and shall
certify that it is true and accurate. If
the employee is requesting sick leave, the employee shall certify that due to
illness, disability, or reasons qualifying for sick leave benefits under Per 1202.01(a)(2)i., j., k., or l., the employee was unable to attend to
official duties for the time indicated.
(d) Should an
employee be required by the employer to furnish the employer with a certificate
from an attending physician or a licensed health care practitioner, such
certificate shall include the following information:
(1) Physician's
or health care practitioner's name;
(2) Physician's
or health care practitioner's office address;
(3) Employee's
name;
(4) Dates of
professional care during such time the employee was incapacitated for official
duties;
(5) Signature
of attending physician or health care practitioner;
and
(6) Date the
certificate was completed.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #14436, eff 12-1-25,
EXPIRES: 12-1-35
Per
1202.02 Leave Requests.
(a) The
appointing authority shall either grant or reject leave requests.
(b) No employee
shall be compensated unless the employee has first obtained approval for leave
from the appointing authority.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #14436, eff 12-1-25,
EXPIRES: 12-1-35
Per 1202.03 Use
of Seniority to Resolve Conflicts.
Should a conflict arise between 2 or more employees requesting the same period of time, the appointing authority shall, provided all
other things are equal, use departmental seniority as the method of resolving
the conflict.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
PART Per 1203
ANNUAL LEAVE
Per 1203.01 Formula
for Determining Annual Leave.
(a) Full-time
employees shall be entitled to annual leave with full pay based on Table 1203-1
counting all continuous full-time years of state service, regardless of branch
or position type. Each employee's entitlement shall be computed at the end of
each completed full month of service. Employees rendering seasonal or temporary
service in excess of 6 months shall be entitled to
annual leave at the same rate for time actually worked.
Annual leave shall be cumulative for not more than the
prescribed maximum number of days and shall not lapse.
(b) Full-time employees who have had a break in
service shall be credited with prior periods of full-time state employment for
leave accrual purposes if that employee’s current period of full-time state
employment has been one or more continuous years in duration. Only prior periods
of full-time state employment of 2 or more consecutive years in duration shall be
eligible for crediting.
(c) Appointing
authorities shall use Table 1203-1 below to determine the amount of authorized
annual leave:
|
|
Table 1203-1 |
|
|
Continuous Years Worked |
Accrued/Month |
Year/Max |
|
0 through 1 |
1 day |
12 |
|
2 through 8 |
1 1/4 days |
15/32 |
|
9 through 15 |
1 1/2 days |
18/38 |
|
16 through 20 |
1 3/4 days |
21/44 |
|
21 plus |
2 days |
24/50 |
(d) Employees
shall request leave time in hours according to the equivalencies listed in
Table 1203-2.
(e) Appointing
authorities shall keep all records of usage in hours according to the
equivalencies listed in Table 1203-2 as follows:
|
Table 1203-2 |
|
Employees Working a 37 1/2 Hour Week: |
|
1 1/4 days = 9.375 hours |
|
1 1/2 days = 11.25 hours |
|
1 3/4 days = 13.125 hours |
|
2 days = 15 hours |
|
All Other Employees: |
|
1 1/4 days = 10 hours |
|
1 1/2 days = 12 hours |
|
1 3/4 days = 14 hours |
|
2 days = 16 hours |
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.02 Academic
Employees.
(a) Academic
employees who are excluded from annual leave entitlement shall be entitled to
take personal days per annum to be deducted from sick leave according to Table
1203-3.
(b) Personal
leave for academic employees shall be granted in accordance with the provisions
of Per 1203.02, according to Table 1203-3 as follows:
|
Table 1203-3 |
|
|
Continuous Years Worked |
Personal Leave |
|
1 through 8 |
1 day |
|
9 through 15 |
2 days |
|
16 plus |
3 days |
(c) Personal
leave days for academic employees shall be non-cumulative and shall not count
against bonus leave accumulation.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.03 Seasonal
Employees.
(a) Permanent
seasonal employees shall be permitted to carry over 6 annual days to succeeding
seasonal work periods with the same agency in lieu of payment at the end of the
season for those days.
(b) The maximum
balance of carried days for any seasonal employee
shall be 10 days.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.04 Probationary and Rehired Employees.
(a) Employees
on probationary assignment may be granted leave without pay.
(b) At the end
of each month of service, a new or rehired employee shall be credited with one
annual leave day.
(c) No payment
for accrued but unused annual leave shall be made upon separation from
employment within the first 12 months of employment.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.05 Payment of Unused Annual Leave Upon
Separation.
(a) A permanent
employee shall receive a sum equal to the dollar value of the number of hours
of annual leave remaining to the employee's credit, provided that any or all
amounts shall be applied to offset any amounts owed to the state by the
employee upon the employee's:
(1)
Resignation;
(2) Retirement;
(3) Layoff; or
(4) Dismissal.
(b) In the
event of a permanent employee's death while in state service, a sum equal to
the number of days of annual leave remaining shall be paid to the employee's
estate.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.06 Accumulated
Leave for Transfer. An employee who
transfers from one state agency to another, without a break in service, shall
at the time of the transfer have all accumulated annual leave transferred to
the employee's credit.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.07 Granting of Annual Leave.
(a) Annual
leave shall be granted by the appointing authority at such times as, in the
opinion of the appointing authority, shall least interfere with the efficient
operation of the agency.
(b) The
appointing authority shall not be required to accommodate an employee's request
for annual leave when exigent business of the agency, the need for staff
coverage, provisions of applicable collective bargaining agreements concerning
seniority, or similar reasons prevent such accommodation.
(c) Employees
shall be afforded the opportunity to take at least one full basic work week of
annual leave per calendar year.
(d) When an
employee fails to request 5 consecutive days of annual leave, the appointing
authority may schedule the employee for leave.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.08 Blood
Donations. Employees shall be
granted time off without loss of pay or leave for the purpose of making blood
donations or undergoing bone marrow registry testing unless, based upon exigent
business of the agency, the need for staff coverage, provisions of applicable
collective bargaining agreements concerning seniority, or similar reasons
prevent such accommodation.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.09 State
Personnel Examinations. Employees
shall be granted time off without loss of pay or leave for the purpose of
participating in state personnel examinations unless, based upon exigent
business of the agency, the need for staff coverage, provisions of applicable
collective bargaining agreements concerning seniority, or similar reasons
prevent such accommodation.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.10 Volunteer
Activities. An employee who is late
for work as a result of duties as a volunteer
firefighter, licensed ambulance attendant, or licensed rescue squad attendant,
shall be granted use of annual leave, accrued compensatory leave, or both to
cover the period of lateness, provided:
(a) The duties
are performed for a jurisdiction not more than 20 miles from the employee's
usual duty station; and
(b) Performance
of the duties is verified by the employer.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.11 Paycheck
During Annual Leave. In the event that an employee is scheduled to be on annual
leave for 2 calendar weeks or more, the employee, upon a request made at least
2 weeks prior to the last work day, shall be afforded
the opportunity to have the next regularly scheduled paycheck forwarded in
accordance with the request.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1203.12 Leave
of Absence in Relation to Annual Leave.
(a) Any
employee who requests a leave of absence without pay shall not be required to
utilize and exhaust any annual leave prior to being granted such leave of
absence.
(b) When an
employee is sick but has no available sick leave, the appointing authority
shall not be required to grant annual leave for such absence except to the
extent required by law.
(c) An employee
shall not be entitled to accrue annual leave during a leave of absence without
pay.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
PART Per 1204
SICK LEAVE
Per 1204.01 Formula
for Determining Sick Leave.
(a) Full-time
employees, except as otherwise provided in these rules, shall be entitled to
accrue sick leave with full pay in accordance with the formula in Table 1204-1
counting all continuous full-time years of state service, regardless of branch
or position type. Appointing authorities
shall compute sick leave at the end of each completed
full month of service.
(b) Full-time employees, except as otherwise provided
in these rules, who have a break in service shall be credited with prior
periods of full-time state employment for leave accrual purposes if that
employee’s current period of full-time state employment has been one or more continuous
years in duration. Only prior periods of full-time state employment of 2 or
more consecutive years in duration shall be eligible for crediting.
(c) Appointing
authorities shall use the following Table 1204-1 for determining authorized
sick leave:
|
Table 1204-1 |
||
|
Continuous Years Worked |
Accrued/Month |
Year/Max |
|
0 through 8 |
1 1/4 days |
15/90 |
|
9 through 15 |
1 1/4 days |
15/105 |
|
16 plus |
1 1/4 days |
15/120 |
(d) Employees
shall request sick leave time in hours.
(e) Appointing
authorities shall keep records of usage in hours as follows:
(1) For
employees working a 37 1/2 hour week, 1 1/4 days shall
equal 9.375 hours; and
(2) For all
other employees, 1 1/4 days shall equal 10 hours.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1204.02 Seasonal
and Temporary Employees. Employees
rendering full-time seasonal or temporary service in excess
of 6 months shall be entitled to accrue sick leave at the same rate for
time actually worked.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #10817, eff 5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1204.03 Termination
of Service.
(a) Upon
retirement under the provisions of RSA 100-A:5 and RSA 100-A:6 only, or upon
eligibility under RSA 100-A:5 but electing to receive a lump sum in lieu of an
annuity, an employee shall receive payment in a sum equal to 50 percent of the
number of sick leave days remaining to the employee's credit, provided that the
total number of days eligible for payment shall not exceed 60 days.
(b) Upon
retirement under RSA 100-A:5-6 or a termination as a result
of a mandated reduction in force, an employee shall receive payment in a
sum equal to 50 percent of the number of sick leave days remaining to the
employee's credit, provided that the number of days eligible for payment shall
not exceed 60 days.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1204.04)
Per 1204.04 Allowable Uses of Sick Leave.
(a) The purpose
of sick leave shall be to afford employees protection against lost income from
absences due to illness or injury and, in particular,
long-term disability due to catastrophic illness or injury, and shall not be used to supplement other paid time off.
(b) An employee
shall be entitled to utilize sick leave deducted from the employee's sick leave
allowance for absences due to:
(1) Illness;
(2) Injury;
(3) A request
by the attending physician indicating that the employee's presence exposes
another employee to contagious diseases which could endanger the employee’s health;
(4) Medical and
dental appointments with prior approval;
(5) Death of an
employee's family member; or
(6) Pregnancy,
if medically unable to work.
(c) An employee
shall be entitled to utilize up to 15 days of sick leave per fiscal year for
the purpose of providing care to an ill or injured family member who is
incapable of self-care within the meaning of the Family and Medical Leave Act
or to accompany such person(s) to healthcare provider visits.
(d) An employee
shall be entitled to utilize up to 15 days of accumulated sick leave for a
death of the employee's family member.
(e) An employee
receiving workers' compensation shall be entitled to utilize sick and annual
leave to supplement the workers' compensation payment, provided that the
combination of workers' compensation, sick and annual leave benefits shall not
compensate the employee for more than the employee’s full pay.
(f) The
appointing authority may place an employee on sick leave when, in the opinion
of the appointing authority, the employee appears to be of
such a physical condition so as to
prohibit the employee from fulfilling assigned duties.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1204.05)
Per 1204.05 Utilization
of Sick Leave. An employee returning
to work from an unscheduled absence due to an allowable use of sick leave under
Per 1204.04 shall complete a sick leave request specifying the reason for the
leave.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1204.06)
Per 1204.06 Physician's Certificate.
(a) The
appointing authority may require the employee to furnish a certificate from an
attending physician or other licensed health care practitioner when the
appointing authority has reason to believe that the employee's use of sick
leave does not conform to the reasons and requirements for sick leave use set
forth in this part.
(b) Such
certificate shall contain a statement that, in the practitioner's professional
judgment, sick leave is necessary.
(c) The
appointing authority, at state expense, may have an independent physician
examine an employee when, in the opinion of the appointing authority, it
appears that the employee is not entitled to sick leave. The time related to such examination shall
not be charged to the employee's sick leave.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1204.07)
Per 1204.07 Separation.
(a) Upon
resignation or dismissal, the amount of sick leave remaining to the employee's
credit shall lapse.
(b) In the
event of death of any employee while in the state classified service, a sum
equal to the number of days sick leave remaining shall be paid to the
employee's estate.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1204.08)
Per 1204.08 Transfer
of Service. Any employee who
transfers from one state agency to another, without a break in service, shall
at the time of the transfer have all accumulated leave transferred to the
employee's credit.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1204.09)
Per 1204.09 Layoff
Recall. Whenever a former employee
who has been laid off from state service is recalled within 3 years as provided
for under Per 1100, the previously accumulated and unused balance of sick leave
allowance shall be restored and placed to the employee's credit.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1204.10)
PART Per 1205
LEAVE OF ABSENCE
Per 1205.01 Extended
Unpaid Leave.
(a) Upon
written application to, and written approval from, the appointing authority, a
permanent employee may be granted a continuous leave of absence without pay for
a period not to exceed 3 months.
(b) Extended
leave without pay shall be taken in full day increments.
(c) Leave
without pay due to sickness shall not be granted until all of
the employee's accumulated sick leave has been exhausted.
(d) Extension
of leave for additional periods may be granted by the governor and council if
recommended by the appointing authority, but the total period shall not exceed
12 months, unless otherwise provided by law or approved by governor and council
based upon a detailed rationale and recommendation submitted by the appointing
authority to governor and council.
(e) Failure on
the part of an employee to report to work without acceptable reason on the next
business day following the expiration of the approved leave of absence shall be
a cause for termination.
(f)
If the position of an
employee who has been granted a leave of absence without pay is abolished
during the absence, such employee shall not be protected from termination.
(g) Employees who are on an extended unpaid leave of absence shall not be entitled to
pay increments, holiday pay, floating holidays, annual leave, sick leave, seniority,
or compensatory time accrual or usage, while on such leave unless otherwise
provided for by law.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 1205.02)
PART Per 1206
EDUCATIONAL LEAVE
Per 1206.01 Requirements.
(a) Upon
approval of the governor and council, an appointing authority may, in
accordance with (b), grant paid or unpaid educational leave to any permanent
employee.
(b) In order
for an employee to attend course work which occurs during or overlaps the
employee's normal work schedule, the employee shall:
(1) Obtain
approval from the governor and council and the appointing authority in
accordance with paragraph (a);
(2) Utilize
other accrued leave; or
(3) Obtain
approval for a flexible work schedule from the employee's appointing authority.
(c) Employees
who are authorized unpaid educational leave shall not be entitled to earn pay
increments, holiday pay, annual leave, sick leave, compensatory time accrual or
usage, or seniority while on such leave.
(d) Unpaid educational leave shall be taken in full day
increments.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
PART Per 1207
MILITARY LEAVE
Per 1207.01 Military
Leave Entitlement.
(a) Any
full-time employee of the state who is a member of the national guard or of a
reserve component of the armed forces of the United States shall be entitled to
military leave when such duty is in conflict with the
employee's regular work schedule.
(b) Part-time
employees shall not be entitled to military leave.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1207.02 Permanent Employees.
(a) A permanent
employee who has completed the probationary period, regardless of funding
source, shall be entitled to 15 days of paid military leave per training year
to engage in temporary active duty when such duty is in
conflict with the employee's work schedule.
(b) If a
permanent employee is required to engage in active military duty and that
permanent employee's paid military leave has been exhausted for that training
year, the employee may request the utilization of accrued:
(1) Annual
leave;
(2) Holidays;
or
(3)
Compensatory time.
(c) Once an
activated employee is in a without pay status, that employee shall not be
entitled to accrue any form of leave.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1207.03 Probationary Employees.
(a) A probationary employee, regardless of
funding source, shall be entitled to 15 days of paid military leave per
training year to engage in temporary active duty when such duty is in conflict with the employee's work schedule.
(b) Notwithstanding Per 1201.07, upon completion
of the temporary active duty, a probationary employee’s total number of days of
active duty shall be added to the end date of the employee's original
probationary period.
(c) If a probationary employee is required to
engage in active military duty and that probationary employee's paid military
leave has been exhausted for that training year, the probationary employee
may request the utilization of accrued:
(1) Annual
leave;
(2) Holidays;
or
(3)
Compensatory time.
(d) Once an
activated probationary employee is in a without pay status, that employee shall
not be entitled to accrue any form of leave.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
Per 1207.04 Extended Active Duty.
(a) Under the
federal Uniformed Services Employment and Reemployment Rights Act of 1994, any
reservist or member of the national guard who is returning from active duty
lasting 5 years or less shall be guaranteed a position comparable to the
position that the employee vacated to perform the active duty.
(b) To be
eligible for reemployment, the 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 to perform the duties 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; or
c. For military
service of more than 180 days, the service member shall report for work within
90 days of release from duty.
(c) If unable
to meet the minimum qualifications of the position to which returning, an
employee shall be placed in a comparable position for which the employee meets
the entrance requirements.
(d) During the
period of extended active military duty, an employee shall not be entitled to
accrue any form of leave time.
Source. by #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
PART Per 1208
CIVIL LEAVE
Per 1208.01 Allowable
Uses.
(a) An employee
shall be granted civil leave without loss of pay or annual leave under either
of the following conditions:
(1) When
performing jury duty; or
(2) When
subpoenaed to appear before a court, public body, or administrative tribunal.
(b) An employee
shall be granted such civil leave only when the time needed conflicts with the
employee's normal work schedule.
(c) An employee
on civil leave shall surrender to the state any fees received for such
activity, less mileage reimbursement for use of the employee's own vehicle.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
PART Per 1209
SICK LEAVE FOR MATERNITY PURPOSES
Per 1209.01 Relation
to Other Forms of Leave.
(a) An employee
who is medically unable to work during pregnancy or postpartum may use sick
leave during the period of time that the employee is
medically unable to work.
(b) Employees
applying for sick leave relating to pregnancy shall comply with the same
application and physician statement requirements as employees who apply for
sick leave due to other health-related disabilities.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
PART Per 1210
LEAVE FOR PART-TIME EMPLOYEES
Per 1210.01 Eligibility
for Annual and Sick Leave.
(a) An employee
working on a part-time basis shall not be eligible to accrue either sick or annual leave.
(b) At each
anniversary date of employment, should the total working time during the
preceding year amount to the equivalent of 6 months full-time employment or
more, the part-time employee shall be paid in accordance with the schedule
contained in Per 1203.01.
(c) For
purposes of this section, 6 months of full-time employment shall be equivalent
to the following:
(1) Nine hundred seventy-five hours of work within an
anniversary year for employees in positions which are compensated on a 37 1/2
hour per week work schedule; and
(2) One thousand forty hours of work within an
anniversary year for employees in positions which are compensated on a 40 hour
per week work schedule.
(d) A part-time
employee shall not be eligible for any payment for accumulated hours if the
employee:
(1) Separates
from state employment prior to the anniversary date; or
(2) Accepts
full-time employment with the state prior to the anniversary date.
(e) There shall
be no proration of payment for employees who fall
under Per 1210.01(d)(1) or (2).
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14436, eff 12-1-25, EXPIRES: 12-1-35
CHAPTER Per 1300
HOLIDAYS
PART Per 1301
DESIGNATION OF CALENDAR HOLIDAYS
Per 1301.01 Entitlement.
(a) Full-time
employees shall be entitled to all designated calendar holidays prescribed by
law or the chief executive with approval of council, provided the employees are
on pay status on the regularly scheduled workday preceding, and subsequent to, the calendar holiday.
(b) Employees
entitled to calendar holidays shall be compensated as provided in this chapter.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
Per 1301.02 Calendar Holidays Named. The following days shall be calendar holidays
under the provisions of Per 1301.01:
(a) New Year's
Day;
(b) Martin
Luther King, Jr. Civil Rights Day;
(c) President’s
Day;
(d) Memorial
Day;
(e)
Independence Day;
(f) Labor Day;
(g) Veterans
Day;
(h)
Thanksgiving Day;
(i) Day after Thanksgiving; and
(j) Christmas
Day.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
PART Per 1302
COMPENSATION FOR CALENDAR HOLIDAYS
Per 1302.01 Standard
Work Period.
(a) When a
designated calendar holiday falls on a Saturday, a full-time employee who works
a Monday through Friday schedule shall be allowed the
preceding day off.
(b) If such an
employee is required to work on the Friday preceding a designated calendar
holiday, the employee shall:
(1) Be given
another workday off with pay; or
(2) Receive
payment for an additional day's pay at the employee's regular rate of
compensation, provided that funds are available.
(c) When a
designated calendar holiday falls on a Sunday, a full-time employee who works a
Monday through Friday schedule shall be allowed the following day off.
(d) If such an
employee is required to work on the Monday following a designated calendar
holiday, the employee shall:
(1) Be given
another workday off with pay; or
(2) Receive
payment for an additional day's pay at the employee's regular rate of
compensation, provided that funds are available.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
Per 1302.02 Nonstandard Work Period. When a full-time employee works other than a
Monday through Friday schedule and is not scheduled to work on a designated
calendar holiday, the appointing authority shall provide either:
(a) Another
scheduled workday off with pay; or
(b) An
additional day's pay at the employee's regular rate, provided
that funds are available.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
Per 1302.03 Full-time Employees Who Work Calendar
Holidays.
(a) When a
full-time employee is required to work on a designated calendar holiday, the
appointing authority shall, in addition to the regular day's pay, either:
(1) Pay the
employee at the rate of time and one-half for hours worked on the designated
calendar holiday; or
(2) Allow the employee to accrue compensatory time equal to 1 1/2 the
number of hours worked on the designated calendar holiday or as otherwise
bargained.
(b) The premium
compensation provided by paragraph (a) for those employees on flexible or
alternative work schedules shall:
(1) Be limited
to 7 1/2 hours for 37 1/2-hour workweek employees; and
(2) Be limited
to 8 hours for 40-hour workweek employees.
(c) A full-time
employee shall be compensated for a designated calendar holiday at the
employee's regular rate of pay in effect at the time of the calendar holiday.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
Per 1302.04 Part-time
Employees Who Work Calendar Holidays.
(a) Part-time
employees involved in the care of persons in the state mental health system,
the department of health and human services, the department of youth
development services, the state prison, the secure psychiatric unit, or the
veterans' home who meet the requirements of paragraph (b) shall be entitled to
holiday pay for each hour or portion thereof worked on the following calendar
holidays:
(1) New Year's
Day;
(2) Martin
Luther King, Jr. Civil Rights Day;
(3) President’s
Day;
(4) Memorial
Day;
(5) Fourth of
July;
(6) Labor Day;
(7) Veterans
Day;
(8)
Thanksgiving Day;
(9) Day after
Thanksgiving; and
(10) Christmas
Day.
(b) To be
eligible for holiday pay, the part-time employee shall have worked both:
(1) The
scheduled work day before the calendar holiday; and
(2) The
scheduled work day after the calendar holiday.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
PART Per 1303
FLOATING HOLIDAYS
Per 1303.01 Number
Accrued.
(a) In addition
to the authorized calendar holidays in Per 1301, each full-time employee,
including each full-time academic employee, shall be authorized 3 floating
holidays of the employee's choice per fiscal year.
(b) In each
fiscal year, a full-time employee shall accrue one floating holiday on each of
the following dates:
(1) January 1;
(2) July 1; and
(3) October 1.
(c) One
floating holiday shall be:
(1) Equivalent
to 7 1/2 hours for employees on a 37 1/2 hour work
period; or
(2) Equivalent
to 8 hours for employees on a 40 hour work period.
(d)
Employees shall request
floating holidays in whole days, within the fiscal years covered by the current
collective bargaining agreement.
(e) Requests
from employees for, and the granting of, floating holidays shall conform to the
requirements and standards set forth in Per 1203.07.
(f) Any
employee who terminates for any reason shall be paid upon termination for all
floating holidays earned and not taken prior to the date of termination.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
CHAPTER Per 1400
EMPLOYEE LIST
PART Per 1401
INFORMATION LISTED
Per 1401.01 Maintained
by Director.
(a) The
director shall maintain a list of active employees which shall be arranged
alphabetically.
(b) The list
noted in paragraph (a) shall include the following information
concerning each employee:
(1) Employee’s
name;
(2) The
employee’s identification number assigned by the financial data management unit
of the department of administrative services;
(3) Position
number;
(4) Pay band
and step;
(5) Department
number;
(6) Job Title;
(7) Whether the
employee is part-time or full-time; and
(8) Seniority
date.
Source.
#8738, eff 10-18-06; ss by #10817,
eff 5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
CHAPTER Per 1500
PERSONNEL RECORDS
PART Per 1501
INSPECTION BY PUBLIC OF EMPLOYEE RECORDS
Per 1501.01 Public
Access to Non-Confidential Information.
Upon request, the division shall disclose the following non-confidential
information to any member of the public:
(a) Position
information, including:
(1) Job title
and position number;
(2) Position
expiration date, if the position is temporary or seasonal and has an
established end date;
(3) Pay band
assigned to the position; and
(4) Status of
the position, including whether the position is:
a. Full-time;
b. Permanent;
c. Part-time;
or
d. Temporary;
(b) Employee
personal information, including:
(1) Name;
(2) Date of
hire;
(3) Date of any
leave of absence taken by the employee, but not the reason for taking a leave
of absence; and
(4) Date of
separation from state service, but not the reason for separation;
(c) Pay
information, including:
(1) Wage
schedule to which the position is assigned;
(2) Hourly
rate;
(3) Shift
differential, if assigned to the position;
(4)
Institutional pay, if assigned to the position;
(5) Pay
increment date; and
(6) Pay band
and step assigned to the employee; and
(d) Funding
information, including:
(1) Name of
agency;
(2) Funding
source or money class; and
(3)
Organizational unit in which the position is located.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
Per 1501.02 Limited Access to Full Records. Absent an order of a court of competent
jurisdiction, only the following parties shall have the right to inspect the
employee personnel files described in Per 1501.03:
(a) An employee
shall have the right to inspect the employee's own records in the custody of the division and at the employee's agency;
(b) An
appointing authority shall have the right to inspect the records of all present
or past employees of that agency;
(c) The
department of justice shall have the right to inspect any personnel records
when the director and the department of justice both conclude that sharing the
records is necessary to facilitate receipt of legal advice from the department
of justice or to facilitate the department of justice’s defense against a claim
made against the state or one or more of its agencies or employees; and
(d) Any other
person shall have access only upon written authorization signed by the employee
whose records are affected. Such authorization shall be filed in the employee's
file as evidence the file has been examined.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
Per 1501.03 Contents of
Personnel Files.
(a) The appointing authority shall place any one
or more of the following documents in an employee's agency personnel file:
(1) Hard copy or electronic forms implementing personnel actions which affect the employee;
(2) Hard copy or electronic forms implementing changes which affect the position to which the
employee is assigned;
(3) Hard copies or electronic versions of applications relating to state
positions for which the employee has applied, including copies of any
supporting documentation submitted by the employee or obtained by the employer
in relation to an application;
(4) Hard copies of performance evaluation forms,
memos of counsel, and rebuttals;
(5) Hard copies of documents pertaining to
disciplinary actions and rebuttals;
(6) Hard copies or electronic versions of letters
of commendation or complaint, provided that a copy is given to the employee
when the letter is placed in the personnel file;
(7) Hard copies or electronic versions of other
employment related correspondence; and
(8) Hard copies or electronic records of
training, licensure, certification, or other forms of permission related to the
individual’s employment.
(b) The following documents shall be placed in
the employee's permanent personnel file at the division of personnel:
(1) Computerized forms implementing personnel
actions which affect the employee;
(2) Computerized forms implementing changes which
affect the position to which the employee is assigned;
(3) Original copies of applications relating to
state positions for which the employee has applied and has been selected, along with but not limited to electronic records of
training, licensure, certification, or other forms of permission related to the
individual’s employment;
(4) Copies of documents pertaining to
disciplinary actions;
(5) Decisions of the board or a court relating to
the employee;
(7) Electronic
copies of forms of approvals for leave of absence.
(c) The following documents shall be maintained
by the agency in a separate file and shall be available to the employee for
inspection and copying:
(1) Benefit acceptance or rejection forms;
(2) Medical records obtained in the course of the
employment relationship, including any permitted drug or alcohol testing;
(3) First reports of injury submitted by the
employee;
(4) Decisions either granting or denying an
employee’s application for workers’ compensation benefits;
(5) Memos of payment resulting from approved
workers’ compensation claims; and
(6) Requests for reasonable accommodation and the
agency’s response to such requests.
(d) Written notice of disciplinary actions that
are reversed or overturned through the process of informal settlement or appeal
shall be removed from all personnel files at both the agency and the division.
(e) When an employee transfers from one state
agency to another, the employee’s personnel records described in paragraphs (a)
and (c) above shall be transferred to the new agency.
Source. #8738, eff 10-18-06; amd
by #10239, eff 3-18-13; ss by #10817, eff 5-17-15; ss by #14438, eff 12-1-25,
EXPIRES: 12-1-35
Per 1501.04 Documents
Obtained or Generated During the Course of an Investigation. Documents obtained or generated during the course of an investigation involving an employee
shall:
(a) Be confidential;
(b) Be maintained separately from the employee’s
agency or division personnel files; and
(c) Not be placed in the employee’s agency or
division personnel file unless included as part of a disciplinary action.
Source. #8738, eff 10-18-06; ss by #10817, eff
5-17-15; ss by #14438, eff 12-1-25, EXPIRES: 12-1-35
APPENDIX A
RULE
|
STATUTE
|
Per 101.01
|
RSA 21-I:43, II; RSA 541-A:7
|
|
Per 101.02(a) – (c) |
RSA 21-I:42, I; RSA
21-I:43, II; RSA 541-A:7; RSA 541-A:16, I(a) |
|
Per 101.02(d) |
RSA 21-I:42; RSA 21-I:43,
I; RSA 273-A:4; RSA 541-A:7 |
|
Per 101.03 |
RSA 21-I:42, IV(f); RSA
21-I:43, I; RSA 21-I:43, II(j), (k); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16,
I(b) |
|
Per 101.04 |
RSA 21-I:43, II; RSA
541-A:16, I(b) |
|
Per 102.01
through Per 102.06 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.07 |
RSA 541-A:7 |
|
Per 102.08 |
RSA 21-I:42, I, XII; RSA 273-D |
|
Per 102.09
through Per 102.12 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.13 |
RSA 273-A:8 |
|
Per 102.14
through Per 102.21 |
RSA 21-I:42, I, II, III, & XI |
|
Per
102.22 |
RSA 21-I:42, I, II, III, XI; RSA 99 |
|
Per
102.23 |
RSA 273-A:9 |
|
Per 102.24 |
RSA 21-I:42, I, II, III, & XI |
|
Per
102.25 |
RSA 541-A:7; 29 USC 2601 et seq. |
|
Per 102.26 and
Per 102.27 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.28 |
RSA 273-A, IX(c) |
|
Per 102.29
through Per 102.33 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.34 |
RSA 541-A:7 |
|
Per 102.35 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.36 |
RSA 21-I:42, I; RSA 21-I:43, II(c), (e),
(f); RSA 541-A:7 |
|
Per 102.37 and
Per 102.38 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.39 |
RSA 21-I:43, II(b); RSA 99; RSA 541-A: 7 |
|
Per
102.40 |
RSA 21-I:42, I, XII; RSA 541-A:7 |
|
Per 102.41
through Per 102.44 |
RSA 21-I:42, I, II, III, & XI |
|
Per
102.45 |
RSA 21-A:43, II(m); RSA 541-A:7 |
|
Per 102.46
through Per 102.52 |
RSA 21-I:42, I, II, III, & XI |
|
Per
102.53 |
RSA 21-I:42, I, IV(a) & (d), &
XIII |
|
Per 102.54 |
RSA 21-I:42, I, II, III, & XI |
|
Per
102.55 |
RSA 21-I:42, I; RSA 541-A:7 |
|
Per
102.56 |
RSA 21-I:42, I, II, III, & XI |
|
Per
102.57 |
RSA 21-I:42, I; RSA 541-A:7 |
|
Per 102.58
through Per 102.62 |
RSA 21-I:42, I, II, III, XI |
|
Per 102.63 |
RSA 21-I:43, II(e), (f); RSA 541-A:7 |
|
Per 102.64 and
Per 102.65 |
RSA 21-I:42, I, II, III, XI |
|
Per 102.66 and
Per 102.67 |
RSA 99; RSA 541-A:7 |
|
Per
102.68 |
RSA 21-I:42, I; RSA 541-A:7 |
|
Per 102.69
through Per 102.75 |
RSA 21-I:42, I, II, III, & XI |
Per 102.76
|
RSA 99; RSA 541-A:7
|
|
Per
102.77 |
RSA 21-I:43, II(a), (e), (g); RSA 541-A:
7 |
|
Per 102.78
through Per 102.81 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.82 |
RSA 21-I:42, I; RSA 21-I:43, I(c), (f),
(m); RSA 541-A:7 |
|
Per 102.83
through Per 102.104 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.01
through Per 102.06 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.07 |
RSA 541-A:7 |
|
Per 102.08 |
RSA 21-I:42, I, XII; RSA 273-D |
|
Per 102.09
through Per 102.12 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.13 |
RSA 273-A:8 |
|
Per 102.14
through Per 102.21 |
RSA 21-I:42, I, II, III, & XI |
|
Per
102.22 |
RSA 21-I:42, I, II, III, XI; RSA 99 |
|
Per
102.23 |
RSA 273-A:9 |
|
Per 102.24 |
RSA 21-I:42, I, II, III, & XI |
|
Per
102.25 |
RSA 541-A:7; 29 USC 2601 et seq. |
|
Per 102.26 and
Per 102.27 |
RSA 21-I:42, I, II, III, & XI |
|
Per 102.28 |
RSA 273-A, IX(c) |
|
Per 103.01 |
RSA 21-I:44 |
|
Per 103.02 |
RSA 541-A:7; RSA 541-A:16,
I(a) |
|
|
|
|
Per
201.01 |
RSA
541-A:16, I(c) |
|
Per
202.01 – Per 202.04 |
RSA
541-A:16, I(b); RSA 541-A:38 |
|
Per 202.02(c) |
RSA 541-A:6; RSA 541-A:7; RSA 541-A:11 |
|
Per 203 |
RSA 21-I:43, I |
|
Per 204 |
RSA 541-A:11, VII; RSA
541-A:16, I(b) |
|
Per 205.01 – Per 205.08 |
RSA 21-I:42, I, XII(e); RSA 21-I:43, II(j); RSA
21-I:53; RSA 541-A:7; RSA 541-A:16, I(b); RSA 541-A:38 |
|
Per 206.01 |
RSA 21-I:43, I; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 205.01 – Per 205.08 |
RSA 21-I:42, I, XII(e); RSA 21-I:43, II (j); RSA
21-I:53; RSA 21-I:58; RSA 541-A: 7; RSA 541-A: 16, I (b); RSA 541-A: 38 |
|
Per 206.01 |
RSA 21-I:43, I; RSA 541-A:7; RSA 541-A:16, I (b) |
|
Per 207 |
RSA 541-A:22, IV |
|
|
|
|
Per
301 through Per 304 |
RSA 21-I:42,
I, II, III & XI |
|
|
|
|
Per
401.01 |
RSA 21-I:42, I; RSA
21-I:43, II(e); RSA 21-I:51; RSA 21-I:52; RSA 21-I:53; RSA 283:4; RSA
541-A:7; RSA 541-A:16, I(b); RSA 651:5, X(c) |
|
Per
402.01 |
RSA 21-I:42, I; RSA
21-I:43, II(c) & (d); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per
402.02 |
RSA 21-I:42, I, XVI; RSA
21-I:43, II(e); RSA 21-I:53; RSA 354-A:7; 29 U.S.C. 623(a)(1); 42 U.S.C. 2000e-2(a)(1) |
|
Per
402.03 and Per 402.04 |
RSA 21-I:42, I; RSA
21-I:43, II(e); RSA 21-I:51; RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b);
RSA 651:5, X(c) |
|
Per
403.01 |
RSA 21-I:42, I, II, III,
XI; RSA 21-I:43, II(e) |
|
Per
403.02 |
RSA 21-I:42, I, II, III,
XI; RSA 21-I:43, II(e) |
|
|
|
|
Per 501.01 - Per 501.06 |
RSA 21-I:42, I, VI;
RSA 21-I:43, II(d); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b); 28 C.F.R.
35 & 36; 42 U.S.C. 126 |
|
Per
501.07 |
RSA 21:50; RSA 21-I:42, I,
VI; RSA 43: II(e), (f); RSA 21-I:53; RSA 283:4; RSA 283:5; RSA 457:1-a; RSA
541-A:7; RSA 541-A:16, I(b) |
|
Per
501.08 |
RSA 21-I:42, I, VI; RSA
21-I:43, II(d), (e), (r); RSA 21-I:53; RSA 91-A:5, IV; RSA 541-A:7; RSA
541-A:16, I(b) |
|
|
|
|
Per
601.01 and Per 601.02 |
RSA 21-I:42, I, III, VI;
RSA 21-I:43, II(f); RSA 21-I:53; RSA 98-A; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per
601.03 |
RSA 21-I:42, I, VI; RSA
21-I:43, II(f); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per
601.04 |
RSA 21-I:42, I, VI; RSA
21-I:43, II(f); RSA 21-I:53; RSA 98-A:2, 3; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 601.05 |
RSA 21-I:42, I, VI,
XII; RSA 21-I:43, II(f); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per
601.06 |
RSA 21-I:42, I, VI, XII;
RSA 21-I:43, II(f); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per
602.01 and Per 602.02 |
RSA 21-I:42, I, VI, XII;
RSA 21-I:43, II(f), (k); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per
603.01 and Per 603.02 |
RSA 21-I:42, I, VI; RSA
21-I:43, II(i); RSA 21-I:53; RSA 541-A:7; RSA
541-A:16, I(b) |
|
Per
603.03 |
RSA 21-I:42, I, VI, XII;
RSA 21-I:43, II(d), (e), (f), (i); RSA 21-I:53; RSA
541-A:16, I(b) |
|
Per
603.04 |
RSA 21-I:42, I, VI, XII;
RSA 21-I:43, II(c), (e), (f); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16,
I(b) |
|
Per
604.01 |
RSA 21-I:42, I, VI, XII,
XVI; RSA 21-I:43, II(c) - (f); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per
604.02 |
RSA 21-I:42, I, VI, XII;
RSA 21-I:43, II(f); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b); 8 CFR
1274a.2 |
|
Per
604.03 |
RSA 21-I: 42, I, VI, XII;
RSA 21-I:43, II,(e) - (i); RSA 21-I:53; RSA
541-A:7; RSA 541-A:16, I(b) |
|
|
|
|
Per 701.01 – Per 701.03 |
RSA 21-I: 42, I, VI; RSA
21-I: 43, II(m); RSA 21-I:53; RSA 283:4; RSA 541-A:7; RSA 541-A: 16, I(b); 38
U.S.C. 4301 et seq.; 38 U.S.C. 4312(a), (e) (1); 38 U.S.C. 4313; 38 U.S.C.
4316(a) |
|
|
|
|
Per 801.01 – Per 801.06 |
RSA 21-I: 42, I, XII(d),
XIII; RSA 21-I: 43, II(s); RSA 21-I: 53; RSA 541-A: 7, RSA 541-A:16,I(b) |
|
|
|
|
Per 901.01 - Per
901.02 |
RSA 21-I: 42, I; RSA
21-I: 43, II(b); RSA 21-I: 53; RSA 99; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
Per 901.03 |
RSA 21-I: 42, I, XIII; RSA
21-I: 43, II(b), (s); RSA 21-I: 53; RSA 99; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
Per 901.04 |
RSA 21-I: 42, I; RSA 21-I:
43, II(b), (m); RSA 21-I: 53; RSA 99; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
Per 901.05 |
RSA 21-I: 42, I,
XII(d)-(e), XIII; RSA 21-I: 43, II(b), (j), (s); RSA 21-I: 53; RSA 541-A:7;
RSA 541-A: 16, I(b) |
|
Per 901.06 |
RSA 21-I: 42, I, III; RSA
21-I: 43, II(b); RSA 21-I: 53; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
Per 901.07 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II(b), (h), (l); RSA 21-I: 53; RSA Ch. 99; RSA 541-A:7; RSA 541-A:
16, I(b) |
|
Per 901.08 and Per 901.09 |
RSA 21-I: 42, I, IV; RSA
21-I: 43, II(b), (g); RSA 21-I: 53; RSA Ch. 99; RSA 99:8; RSA 99:10; RSA
99:11; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
Per 901.10 |
RSA 21-I: 42, I; RSA 21-I:
43, II(b), (g), (m); RSA 21-I: 53; RSA 99; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
Per 901.11 |
RSA 21-I: 42, I, III; RSA
21-I: 43, II(a) (b); RSA 21-I: 53; RSA 21-I:54; RSA 21-I:56; RSA 99; RSA
541-A:7; RSA 541-A: 16, I(b) |
|
Per 901.12 |
RSA 21-I: 42, I; RSA 21-I:
43, II(f); RSA 21-I: 53; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
Per 902.01 |
RSA 21-I: 42, I; RSA 21-I:
43, II(b); RSA 21-I: 53; RSA 99:5; RSA 99: 5-a; RSA 541-A:7; RSA 541-A: 16,
I(b) |
|
Per 903.01 – Per 903.03 |
RSA 21-I: 42, I; RSA 21-I:
43, II(m); RSA 21-I:53; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
Per 903.04 |
RSA 21-I: 42, I; RSA 21-I:
43, II(b), (m); RSA 21-I: 53; RSA 99-B; RSA 99-C; RSA 541-A:7; RSA 541-A: 16,
I(b); 29 U.S.C. 201 et seq |
|
Per 903.05 through Per
903.07 |
RSA 21-I: 42, I; RSA 21-I:
43, II(b), (m); RSA 21-I: 53; RSA 541-A;7; RSA 541-A: 16, I(b); 29 U.S.C. 201
et seq. |
|
Per 903.08 |
RSA 21-I: 42, I; RSA 21-I:
43, II(b), (m); RSA 21-I: 53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 904.01 – Per 904.05 |
RSA 21-I: 42, I; RSA 21-I:
43, II(m); RSA 21-I:53; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
Per 905.01 |
RSA 21-I: 42, I, VI,
XII(a); RSA 21-I: 43, II(b), (c); RSA 21-I:53; RSA 99:8; RSA 541-A:7; RSA
541-A: 16, I(b) |
|
|
|
|
Per
1001.01 |
RSA
21-I:42, I & XIII |
|
Per
1002.01 – Per 1002.04 |
RSA
21-I: 42, I, IV, VII, XII; RSA 21-I: 43, II(b), (h), (j), (k), (t); RSA
21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1003.01 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II(b), (h), (j), (k); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1003.02 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II(j), (k); RSA 21-I: 53; RSA 273-D:3; RSA 541-A:7; RSA 541-A: 16,
I(b) |
|
Per 1003.02(b) |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II(j) (k); RSA 21-I: 53; RSA 541-A: 16, I(b) |
|
Per 1003.03 |
RSA 21-I: 42, I, XII(d),
(e); RSA 21-I: 43, II(h), (j),(k); RSA 21-I:53; RSA 541-A:7; RSA 541-A: 16,
I(b) |
|
Per 1003.04 |
RSA 21-I:42, I, XII(e); RSA
21-I:43, II(j); RSA 21-I:45-46; RSA 21-I:53; RSA 541-A:7; RSA 541-A:16,I(b) |
|
Per 1003.05 |
RSA 21-I: 42, I, XII,
XIII; RSA 21-I: 43, II(b), (j); RSA 21-I: 53; RSA 273-D:3; RSA 541-A:7; RSA
541-A: 16, I(b) |
|
Per 1003.06 |
RSA 21-I: 42, I, XII(d), (e);
RSA 21-I: 43, II(b), (j), (s); RSA 21-I: 53; RSA 273-D:3; RSA 541-A:7; RSA
541-A: 16, I(b) |
|
Per 1003.07 |
RSA 21-I: 42, I, XII(e);
RSA 21-I: 43, II(h), (j); RSA 21-I: 53; RSA 273-D:3; RSA 541-A:7; RSA 541-A:
16, I(b) |
|
Per 1003.08 |
RSA 21-I: 42, I, XII,
XIII; RSA 21-I: 43, II( j), (k), (m); RSA 273-D:3; RSA 541-A:7; RSA 541-A:
16, I(b) |
|
Per 1004.01 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II(k); RSA 21-I:53; RSA 354-A; RSA 541-A:7; RSA 541-A: 16, I(b); 42
USC 12101 et seq.; 29 CFR 1630.2; 29 CFR 1630.15 |
|
Per 1004.02 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II(k); RSA 21-I: 53; RSA 541-A:7; RSA 541-A: 16, I(b); 42 USC 12101
et seq.; 29 CFR 1630.2; 29 CFR 1630.14 |
|
Per 1004.03 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II(k); RSA 21-I: 53; RSA 541-A:7; RSA 541-A: 16, I(b); 42 USC 12101
et seq.; 29 CFR 1630.2 |
|
Per 1004.04 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II(k); RSA 21-I: 53; RSA 273-D:3; RSA 541-A:7; RSA 541-A: 16, I(b) |
|
|
|
|
Per 1101.01 |
RSA 21-I:42, I; RSA
21-I:43, II(l); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1101.02 |
RSA 21-I:42, I,
II, III; RSA 21-I:43, II(l) |
|
Per 1101.03 – Per 1101.07 |
RSA 21-G:5, VII; RSA
21-I:42, I; RSA 21-I:43, II(l); RSA 541-A:7; RSA 541-A:16, I(b); Laws 2013,
144:14, 19 |
|
|
|
|
Per 1201.01 – Per 1201.07 |
RSA 21-I:42, I; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1201.08 |
RSA 21-I:42, I; RSA
21-I:43, II(m); RSA 100-A:6; RSA 281-A; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1202.01 |
RSA 21-I:42, I; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1202.02 |
RSA 21-I:42, I; RSA
21-I:43, II(b), (m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1202.03 |
RSA 21-I:42, I; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1203 |
RSA 21-I:42, I; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b); RSA 98-A:3 |
|
Per
1204.01 |
RSA 21-I:42, I,
XII; RSA 21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b)
|
|
Per 1204.02 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 98-A:3; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1204.03 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 100-A:5; RSA 100-A:6; RSA 273-A:1, IX(c); RSA 541-A:7;
RSA 541-A:16, I(b) |
|
Per 1204.04 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 541-A:7; RSA
541-A:16, I(b); 29 USC 2601et seq.; 29 CFR Part 825 |
|
Per 1204.05 |
RSA 21-I:42, I; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1204.06 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1204.07 |
RSA 21-I:42, I; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1204.08 |
RSA 21-I:42, I; RSA
21-I:43, II(i), (m); RSA 541-A:7; RSA 541-A:16,
I(b) |
|
Per 1204.09 |
RSA 21-I:42, I; RSA
21-I:43, II(l), (m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1205.01 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1206.01 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1207.01 – Per 1207.02 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 112:9; RSA 541-A:7; RSA 541-A:16, I(b); 38 U.S.C. 4301 et
seq. |
|
Per 1207.03 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1207.04 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b); 38 U.S.C. 4301 et seq. |
|
Per 1208.01, Per 1209.01, and
Per 1210.01 |
RSA 21-I:42, I, XII; RSA
21-I:43, II(m); RSA 541-A:7; RSA 541-A:16, I(b) |
|
|
|
|
Per 1206.01 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II (m); RSA 21-I: 53; RSA 541-A:7; RSA 541-A: 16, I (b) |
|
Per 1207.01 – Per 1207.02 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II (m); RSA 21-I: 53; RSA 112: 9; RSA 541-A:7; RSA 541-A: 16,
I (b); 38 U.S.C. 4301 et seq. |
|
Per 1207.03 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II (m); RSA 21-I: 53; RSA 541-A:7; RSA 541-A: 16, I (b) |
|
Per 1207.04 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II (m) ; RSA 21-I: 53 ; RSA 541-A:7; RSA 541-A: 16, I (b); 38
U.S.C. 4301 et seq. |
|
Per 1208.01, Per 1209.01,
& Per 1210.01 |
RSA 21-I: 42, I, XII; RSA
21-I: 43, II (m); RSA 21-I: 53; RSA 541-A:7; RSA 541-A: 16, I (b) |
|
|
|
|
Per 1301.01 – Per 1302.03 |
RSA 21-I:42, I; RSA
21-I:43, II(b), (n); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
Per 1302.04 |
RSA 21-I:42, I; RSA
21-I:43, II(b), (n); RSA 21-I:53; RSA 98-A:6-b; RSA 541-A:7; RSA 541-A:16,
I(b) |
|
|
|
|
Per 1303.01 |
RSA 21-I:42, I; RSA
21-I:43, II(b), (n); RSA 21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
|
|
|
Per 1401.01 |
RSA 21-I:43, II(q); RSA
21-I:53; RSA 541-A:7; RSA 541-A:16, I(b) |
|
|
|
|
Per 1501.01 – Per 1501.04 |
RSA 21-I:42, XII; RSA
21-I:43, II(r); RSA 21-I:53; RSA 91-A:5; RSA 541-A:7; RSA 541-A:16, I(b) |
Appendix B:
Statutory Definitions
RSA 21-G:5
IV. "Agency" means any department, commission, board,
institution, bureau, office, or other entity, by whatever name called, other
than the legislative and judicial branches of state government, established in
the state constitution, statute, session law, or executive order.
RSA 98-A:1
III. "Permanent employee" shall mean any person in a
full-time position, including full-time temporary and seasonal positions, who
completes a 12-month initial probationary period.
IV. "Full-time basis" shall refer to employment calling
for not less than 37 1/2 hours work in a normal calendar week or calling for
not less than 40 hours work in a normal calendar week with respect to positions
for which 40 hours are customarily required unless otherwise collectively
bargained.
V. "Part-time basis" shall refer to employment calling
for less than 37 1/2 hours work in a normal calendar week or calling for less
than 40 hours work in a normal calendar week with respect to positions for
which 40 hours are customarily required unless otherwise collectively
bargained.
VIII. "Seasonal position" shall mean a full-time or
part-time position, the need for which may reasonably be anticipated as likely
to recur each year for a varying period of months.
RSA 294-E:2
VIII. "Electronic signature" means an electronic sound,
symbol, or process attached to or logically associated with a record and
executed or adopted by a person with the intent to sign the record.