71 PA Cons Stat § 2103 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 71 - STATE GOVERNMENT|Chapter 21 - General Provisions|Section 2103 - Definitions

§ 2103. Definitions. Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:  "Appointing authority." The officers, board, commission, individual or group of individuals having power by law to make appointments in the classified service.  "Board." The Executive Board of the Commonwealth.  "Civil Service Act." The former act of August 5, 1941 (P.L.752, No.286), known as the Civil Service Act.  "Classified service." As follows:  (1) A position filled under the merit system of employment, including: (i) Each position existing on or created after August 5, 1941, in the Department of Human Services, including the county boards of assistance, except for a student worker in institutions operated by the Office of Children, Youth and Families.  (ii) The following: (A) Each position existing on or created after August 5, 1941, in the Department of Labor and Industry which is charged with the administration of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law.  (B) Each position which is charged with the administration of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, and the act of July 26, 1913 (P.L.1363, No.851), referred to as the Occupational Disease Prevention Law, including the positions of workers' compensation judges. The term shall not include the positions of members of the Workers' Compensation Appeal Board and members and employees of the State Workers' Insurance Board and the State Workers' Insurance Fund.  (iii) Each position existing on or created after August 5, 1941, in the Pennsylvania Liquor Control Board.  (iv) Each position existing on or created after August 5, 1941, in the commission. (v) Each position existing on or created after August 5, 1941, in the Pennsylvania Board of Probation and Parole.  (vi) Each position existing on or created after August 5, 1941, in the Department of Education. The term shall not include the presidents, faculty members and student employees of the State colleges, the heads and faculty members of the Department of Education's other educational institutions and county superintendents, assistant county superintendents and supervisors of special education.  (vii) Each position existing on or created after August 5, 1941, in the Department of Health. The term shall not include patient employees at institutions operated by the Department of Health.  (viii) Each position existing on or created after August 5, 1941, in the Department of Banking and Securities.  (ix) Each position existing on or created after August 5, 1941, in the Insurance Department. (x) Each position existing on or created after August 5, 1941, in the State Employees' Retirement Board and under the professional licensing boards in the Department of State.  (xi) Each position existing on or created after August 5, 1941, in a department or agency under the Governor's jurisdiction which:  (A) Is required to be under a merit system in order to qualify the agency or department for the receipt of money from the Federal Government or an agency or instrumentality of the Federal Government.  (B) Was designated as professional or technical by the board on or before October 1, 1962. (C) Was covered by civil service under the terms of an agreement entered into between the department or agency and the commission after October 1, 1962, other than agreements arising out of the board resolution of September 10, 1956, as amended and supplemented.  (xii) The positions of engineer, geologist, chemist, planning specialist, statistician, economist, photogrammetrist, architect, landscape architect, cartographer, draftsmen and surveyor in the Department of Transportation.  (xiii) Each position in a local civil defense organization which a political subdivision may bring under the provisions of 35 Pa.C.S. § 7312(f) (relating to organization), upon the exercise of the authority.  (xiv) Each position existing on or created after December 3, 1975, in the Pennsylvania Labor Relations Board. The term shall not include an executive director, secretary, regional director, attorney and attorney examiner.  (2) The term shall not include a position included in the unclassified service. "Commission." The State Civil Service Commission.  "Demotion." The voluntary or involuntary movement of an employee to a class assigned to a pay range with a lower maximum salary.  "Director." The Executive Director of the State Civil Service Commission.  "Eligible." An individual whose name is on an eligible list.  "Eligible list." An employment list, promotion list or reemployment list.  "Employee." Except as provided in section 2705(g) (relating to political activity), an individual legally occupying a position in the classified service.  "Employment list." A list of individuals who have been found qualified by an entrance examination for appointment to a position in a particular class.  "Entrance examination." An examination for a position in a particular class, admission to which is not limited to an individual employed in the classified service.  "Furlough." The termination of employment because of lack of work or lack of funds.  "Job," "job title," "class" or "class of positions." A group of positions in the classified service which are sufficiently similar in respect to the duties and responsibilities of the positions that the same:  (1) descriptive title may be used for each position; (2) requirements as to experience, knowledge and ability are demanded of incumbents; (3) assessments may be used to choose qualified appointees; and (4) schedule of compensation may be made to apply with fairness under like working conditions. "Permanent position." A position in the classified service which does not have an expiration date.  "Position." A group of current duties and responsibilities assigned or delegated by competent authority requiring the full-time or part-time employment of one individual.  "Probationary period." A preliminary period of employment, the purpose of which is to determine the fitness of an employee for regular status.  "Promotion." The movement of an employee to another class in a pay range with a higher maximum salary.  "Promotion examination." An examination for a position in a particular class, admission to which is limited to an employee in the classified service who has held a position in another class.  "Promotion list." A list of individuals determined to be qualified by a promotion examination for appointment to a position in a particular class.  "Regular employee." An employee who has been appointed to a position in the classified service in accordance with this part after completion of the employee's probationary period.  "Removal." The permanent separation from the classified service of an employee who has been permanently appointed.  "Temporary position." A position in the classified service resulting from temporary pressure of extra work which is likely to continue for a period of 12 months or less.  "Unclassified service." Each position existing on or created after August 5, 1941, in a department and agency included in the definition of classified service which are held by any of the following:  (1) A head and deputy head of a department of the Commonwealth, bureau director, division chief and all other supervisory personnel whose duties include participation in policy decisions.  (2) A member of a board or commission. (3) One secretary or one confidential clerk and not more than five other personal assistants or aides to each State appointing authority or each member of the State appointing authority, except the commission and the director.  (4) An individual appointed for the duration of a special study, project or internship which is scheduled to be completed after a fixed or limited period of time and which should not be performed by an individual in the classified service.  (5) An attorney that the appointing authority appoints. (6) Unskilled labor. (7) Each professional position attached to the department head's office which functions in press, public relations, legislative liaison or development of executive policy.  "Unskilled labor." An individual occupying or assigned to a position for which the principal job function is manual labor or work requiring limited or no prior education or training.  "Veteran." An individual who served in the United States Armed Forces, including a reserve component or National Guard, and who was honorably discharged or released from service.    Special Provisions in Appendix. See section 3 of Act 71 of 2018 in the appendix to this title for special provisions relating to continuation of prior law and applicability.