reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Article 9 - REPEALED › Section R2-5-901 - Repealed

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section
				  R2-5-902 was temporarily
				  repealed and a new Section was temporarily adopted under an exemption from the
				  provisions of the Administrative Procedure Act (A.R.S. Title 41, Chapter 6)
				  pursuant to Laws 1997, Ch. 288, § 10. Exemption from A.R.S. Title 41, Chapter 6
				  means the Department did not submit these rules to the Governor's Regulatory
				  Review Council for review; the Department did not submit notice of proposed
				  rulemaking to the Secretary of State for publication in the Arizona
				  Administrative Register; and the Department was not required to hold public
				  hearings on these rules. Temporary rules adopted are repealed effective June
				  30, 1999 (Supp. 98-2). The temporary rules were repealed from and after June
				  30, 1999, pursuant to Laws 1997, Ch. 288, § 10; the rule in effect before the
				  adoption of the temporary rules became effective again upon the repeal of the
				  temporary rules (Supp. 99-3). Section
				  R2-5-902 was repealed
				  and a new Section was adopted by final rulemaking (Supp.
				  99-4).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Article 9 - REPEALED › Section R2-5-903 - Repealed

Current through Register Vol. 30, No. 28, July 12, 2024
The following
				  Section was temporarily adopted under an exemption from the provisions of the
				  Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws
				  1997, Ch. 288, § 10. Exemption from A.R.S. Title 41, Chapter 6 means the
				  Department did not submit these rules to the Governor's Regulatory Review
				  Council for review; the Department did not submit notice of proposed rulemaking
				  to the Secretary of State for publication in the Arizona Administrative
				  Register; and the Department was not required to hold public hearings on these
				  rules. Temporary rules adopted are repealed effective June 30, 1999 (Supp.
				  98-2). Section repealed from and after June 30, 1999, pursuant to Laws 1997,
				  Ch. 288, § 10 (Supp. 99-3). New Section
				  R2-5-904 adopted by
				  final rulemaking (99-4).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 1 - GENERAL › Section R2-5A-102 - General Provisions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Authority of Director.
1. The Director may
				  approve, modify or deny a request, plan or proposal submitted by a state agency
				  for review or when the Director's approval is required by rule.
2. The Director may audit an agency's
				  personnel policies and procedures at any time. If the Director determines that
				  the agency's policies or procedures are inconsistent with these rules or are
				  inconsistent with the procedures or guidelines issued by the Director, the
				  Director may direct the agency head to modify them to achieve consistency or to
				  discontinue them.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 1 - GENERAL › Section R2-5A-103 - Applicability

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. Except
				  as provided in A.R.S., Title 41, Chapter 4, Article 4 and Article 5, or
				  otherwise stated in rule, the rules in this subchapter are applicable to
				  covered and uncovered positions, applicants for covered and uncovered positions
				  and covered and uncovered employees in the State Personnel System. An employee
				  who violates or fails to comply with these rules may be disciplined or
				  separated from state employment. Any such actions involving a covered employee
				  shall be in accordance with the rules in Subchapter B, Article 3.
B. Temporary procedures. The Director may:
1. Unless otherwise prescribed by statute,
				  waive any rule and implement temporary procedures if the Director determines
				  that essential public services are being hampered or it is in the best interest
				  of the state.
2. Implement a
				  temporary pilot project to improve efficiency, productivity, or accountability
				  in the State Personnel System. The project may include an activity or procedure
				  that is not in accordance with these rules and shall not exceed two years in
				  duration.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 1 - GENERAL › Section R2-5A-104 - Prohibition Against Discrimination, Harassment and Retaliation

Current through Register Vol. 30, No. 28, July 12, 2024
A. General.
				  Agencies shall comply with all federal and state anti-discrimination laws.
				  Agencies shall not unlawfully discriminate against any individual with regard
				  to the terms and conditions of employment, including hiring, pay, leave,
				  insurance benefits, retention, and rehiring. The information provided in this
				  rule is intended to serve as a summary of agencies' and employees' obligations
				  with regard to compliance with applicable federal and state laws, rules and
				  regulations. Nothing in these rules shall be construed as providing rights in
				  excess of, or in addition to those authorized under federal laws and Arizona
				  Revised Statutes.
B. Equal
				  Employment Opportunity. Each agency shall provide equal employment opportunity
				  for all individuals regardless of race, color, national origin, religion, age,
				  disability, genetic information, sex, pregnancy, military or veteran status, or
				  any other status protected by federal law, state law, or regulation. It is the
				  policy of this state that all individuals are treated in a fair and
				  non-discriminatory manner throughout the application and employment
				  process.
C. Harassment Prohibited.
				  Harassment of a sexual nature or harassment based on race, color, national
				  origin, religion, age, disability, genetic information, sex, pregnancy,
				  military or veteran status, or any other status protected by federal law, state
				  law, or regulation is prohibited. An agency shall prohibit the unlawful
				  harassment of any employee in the course of the employee's work by supervisors,
				  coworkers, or third parties, such as vendors or customers. Any employee who
				  engages in unlawful harassment may be subject to disciplinary action, up to and
				  including termination of employment.
D. Protection from Retaliation. The state
				  prohibits retaliation against anyone for raising a concern about, assisting in
				  an investigation of, or filing a complaint concerning unlawful discrimination
				  or unlawful harassment.
E.
				  Complaints.
1. An applicant for state
				  employment who has a complaint alleging discrimination or harassment may file a
				  complaint under the procedures in R2-5A-308.
2. It is every employee's responsibility to
				  promptly bring any allegation of discrimination, harassment or retaliation to
				  the attention of the employing agency. Such complaints shall be filed under the
				  procedures established under Article 9.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 1 - GENERAL › Section R2-5A-105 - Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions. For
				  the purposes of this Section, "record" generally refers to a paper document;
				  however, a document may be maintained electronically.
B. Application Materials.
1. An agency head shall maintain and keep
				  confidential all resumés, applications, tests, test results, records,
				  correspondence, and other documents used to seek state employment. The agency
				  head shall not release any materials that the agency head determines would
				  compromise the application process for future applicants and shall restrict the
				  review of the applicant's application materials to:
a. The applicant,
b. An individual who has written
				  authorization from the applicant,
c. State officials in the normal line of
				  duty, or,
d. Officials acting in
				  response to court orders or subpoenas.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 2 - CLASSIFICATION SYSTEM › Section R2-5A-201 - Classification Plan

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. The
				  Director shall group positions into classes based on similarities of duties and
				  responsibilities. All positions are assigned a class specification with a
				  specific title. An agency head may not appoint, transfer, promote, or demote an
				  employee, or make any change in salary for any position until the position is
				  allocated to a class.
B. Class
				  title. An agency head shall use the class title of a position to designate the
				  position in all budget estimates, payrolls, vouchers, and communications in
				  connection with personnel processes.
C. Class specification. A class specification
				  indicates the kinds of positions to be allocated to the class, as determined by
				  the duties and responsibilities described for that class. Each class
				  specification shall contain a statement of the minimum education, experience,
				  competencies, and other qualifications required to perform the work. Required
				  postsecondary education shall be attained in an institution that meets the
				  standards established by an accrediting agency recognized by the U.S.
				  Department of Education.
D.
				  Position description. An agency head shall ensure that every position in the
				  agency has a completed position description describing the current duties,
				  responsibilities, and essential job functions specific to the
				  position.
E. Allocation. The
				  Director shall place every position in a class based on its duties and
				  responsibilities.
F. Reallocation.
				  Upon completion of a review of a position, the Director may determine that the
				  position should be placed in a different class.
G. Regrade. Upon completion of a review of a
				  classification, the Director may determine that the class should be placed in a
				  different grade.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 2 - CLASSIFICATION SYSTEM › Section R2-5A-202 - Change in Classification

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Change in classification plan. The Director may establish new classes and
				  divide, combine, alter, or abolish existing classes, grades, or both, in
				  consultation with affected agency heads.
B. Change in job duties.
1. An employee in a position or the agency
				  head may file a written request with the Director for review of the
				  classification of the position. The request shall contain an updated position
				  description, a specific explanation of how and when the position's duties and
				  responsibilities have changed and the reasons why the current classification
				  does not match these job duties.
2.
				  If a material and permanent change takes place in the duties and
				  responsibilities of a position, the agency head shall report this change to the
				  Director in an updated position description. The Director may order a
				  reallocation of the position. The employee in the position at the time of
				  reallocation shall continue to serve in the position.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 3 - RECRUITMENT, SELECTION AND APPOINTMENT › Section R2-5A-301 - General

Current through Register Vol. 30, No. 28, July 12, 2024
An agency head shall follow the requirements outlined in
					 this Article to identify and appoint qualified candidates to fill vacancies.
					 The Director shall establish and maintain a centralized employment system that
					 includes a job board for announcing vacancies in state employment, applicant
					 tracking and candidate identification. The Director shall establish procedures
					 for state agencies to request approval for transportation or other travel
					 expenses or moving expenses provided by A.R.S. §
										35-196.01
					 for out of state candidates.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 3 - RECRUITMENT, SELECTION AND APPOINTMENT › Section R2-5A-302 - Recruitment

Current through Register Vol. 30, No. 28, July 12, 2024
A. Job posting.
1. Unless exempted by A.R.S. Title 41,
				  Chapter 4, Article 4, an appointing authority shall post an open position to
				  the state's centralized job board. This includes recruitments open to only
				  employees currently employed by the agency, to state employees currently
				  employed in any state agency, or the general public. An agency head may
				  authorize an exception to the job posting requirement for a position in an
				  individual case. Any exceptions shall be documented by the agency head and
				  subject to audit by the Director.
2. In addition to posting to the state's
				  centralized job board, an appointing authority may post an open position in a
				  publication or to a commercial job posting board or both, in compliance with
				  applicable procurement rules.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 3 - RECRUITMENT, SELECTION AND APPOINTMENT › Section R2-5A-303 - Reference and Background Checks

Current through Register Vol. 30, No. 28, July 12, 2024
A candidate may be required to furnish, at the candidate's
					 own expense, evidence of education or other qualification. The appointing
					 authority is responsible for verifying education, work experience, applicable
					 license or licenses and references provided by candidates on the application
					 form and in interviews. An appointing authority shall not conduct a criminal
					 background check or a credit check on a candidate unless the agency has
					 statutory or executive order authority to conduct such a check.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 3 - RECRUITMENT, SELECTION AND APPOINTMENT › Section R2-5A-304 - Qualifications of Selected Candidate

Current through Register Vol. 30, No. 28, July 12, 2024
An agency head shall ensure that any candidate selected for
					 hire meets the established qualifications for the position filled.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 3 - RECRUITMENT, SELECTION AND APPOINTMENT › Section R2-5A-305 - Employment of Relatives

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Relationship to supervisors. An individual shall not be employed in a position
				  if the immediate supervisor of the individual is related within the third
				  degree of affinity (marriage) or consanguinity (blood), or by
				  adoption.
B. Relationship to other
				  employees. An individual shall not be employed in a position if the individual
				  is related within the third degree to an employee who currently occupies a
				  position under the same immediate supervisor.
C. Exceptions. The Director may grant an
				  exception to the prohibitions in subsections (A) and (B) if there is no other
				  qualified person for the position at the location.
D. Relationship to subordinate employees. A
				  supervisor or manager at any level shall not make an employment decision
				  specifically benefitting any individual who is related within the third degree,
				  unless an exception under subsection (C) has been granted.
E. Relationship to interviewer or interview
				  panel members. An employee shall not interview or serve on an interview panel
				  of any job candidate if the candidate is related within the third
				  degree.
F. Definition. For the
				  purpose of this Section, persons related within the third degree include a
				  spouse, child, parent, grandchild, grandparent, sister, brother, great
				  grandchild, great grandparent, aunt, uncle, niece, nephew or first cousin.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 3 - RECRUITMENT, SELECTION AND APPOINTMENT › Section R2-5A-306 - Hiring Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
Agencies shall comply with federal and state law, including
					 the verification of employment eligibility pursuant to A.R.S. §
										23-214.
					 An agency head shall ensure the completion of the Form I-9 and the employment
					 eligibility verification process for all new hires.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 3 - RECRUITMENT, SELECTION AND APPOINTMENT › Section R2-5A-307 - Appointment

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. Except
				  as provided in A.R.S. Title 41, Chapter 4, Articles 4 and 5, all appointments
				  shall be at will uncovered. An agency head may appoint a current state employee
				  who accepts a change in assignment or an external candidate in accordance with
				  these rules and the procedures established by the Director.
B. Types of Appointment.
1. A regular appointment may be:
a. Full-time employment;
b. Part-time employment;
c. Subject to funding availability, such as
				  federal or grant funding; or
d. To
				  a trainee position.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 3 - RECRUITMENT, SELECTION AND APPOINTMENT › Section R2-5A-308 - Applicant Complaint

Current through Register Vol. 30, No. 28, July 12, 2024
An applicant who has a complaint alleging discrimination or
					 harassment relating to the procedures used in the selection or evaluation
					 process shall submit the applicant complaint to the agency human resources
					 representative within 90 days of the action giving rise to the complaint. The
					 agency human resources representative shall evaluate the complaint and notify
					 the applicant of the final action to be taken.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 4 - COMPENSATION SYSTEM › Section R2-5A-401 - Salary Plans

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. The
				  Director shall establish a salary plan. The salary plan shall allow for the
				  following:
1. Minimum and maximum rates of
				  pay for classes outlined in the classification plan.
2. Salary adjustments, including adjustments
				  to base salary and pay supplements and incentives, including add-ons to base
				  salary.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 4 - COMPENSATION SYSTEM › Section R2-5A-403 - Supplemental Pay

Current through Register Vol. 30, No. 28, July 12, 2024
A. General.
				  Supplemental pay is in addition to an employee's base pay. The salary of an
				  employee may exceed the maximum salary of the pay range for the employee's
				  class if the excess amount is due to the receipt of supplemental pay.
B. Shift differential. The Director may
				  authorize a shift differential to be paid to an employee on other than a day
				  shift. The Director shall establish a competitive shift differential rate
				  periodically based on an annual survey of the market place. Employees in the
				  same class in the same agency who work on the same shift shall receive the same
				  shift differential pay.
C. Special
				  assignment. An employee on a special assignment shall remain in the employee's
				  current position with no change to base salary. If the classification to which
				  the employee is on a special assignment is a higher grade, the employee shall
				  be provided a conditional pay supplement in an amount that, when added to the
				  employee's base salary, would be within the range of the higher classification.
				  If the classification to which the employee is on a special assignment is the
				  same or a lower grade, the employee shall not be eligible for a conditional pay
				  supplement while on special assignment. Any conditional pay supplement received
				  by the employee for the special assignment shall be discontinued at the
				  conclusion of the special assignment.
D. Conditional pay supplements. The Director
				  may establish conditional pay supplements. A conditional pay supplement
				  provides additional compensation to an eligible employee and shall be
				  discontinued when the qualifying conditions no longer apply. An employee may be
				  awarded multiple conditional pay supplements. A conditional pay supplement does
				  not:
1. Change base salary;
2. Provide a basis for the computation of a
				  salary increase; or
3. Provide a
				  basis for the computation of pay upon an employee's promotion, demotion or
				  transfer.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 4 - COMPENSATION SYSTEM › Section R2-5A-404 - Overtime

Current through Register Vol. 30, No. 28, July 12, 2024
A. Approval of
				  overtime work. An agency head may require that an employee work overtime and:
1. Shall approve in advance all work in
				  excess of 40 hours per workweek or in excess of a work period as defined by the
				  Fair Labor Standards Act (FLSA). FLSA Regulations 29 CFR 553 and 778 (July
				  2012), are incorporated by this reference and on file with the Department and
				  available from the U.S. Government Printing Office, 732 North Capitol Street
				  N.W., Washington, D.C. 20401. This incorporation by reference contains no
				  future editions or amendments; and
2. May assign an employee who volunteers for
				  overtime before mandatory overtime is required.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 4 - COMPENSATION SYSTEM › Section R2-5A-405 - Tuition Reimbursement for Education

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. A state agency may assist an
				  employee in the pursuit of educational goals by providing tuition
				  reimbursement.
B. Procedures. Prior
				  to granting tuition reimbursement, an agency shall establish a policy which
				  shall include the following conditions:
1.
				  The educational program will provide a benefit to the state.
2. The employee shall successfully complete
				  the required course work or the educational requirements of the program in
				  order to receive reimbursement.
3.
				  Education assistance may not exceed $5,250 per employee in any one calendar
				  year unless approved in advance by the Director.
4. An employee who receives education
				  assistance may be required to return all or a portion of the amount received if
				  the employee does not remain employed with the agency for a defined period of
				  time, as specified in the agency's policy.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 4 - COMPENSATION SYSTEM › Section R2-5A-406 - Reimbursement for Relocation

Current through Register Vol. 30, No. 28, July 12, 2024
An agency head may reimburse reasonable relocation expenses
					 to a current employee for a management initiated geographical transfer of more
					 than 50 miles from the employee's current work site in accordance with the
					 procedures established by the Director.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 5 - CONDITIONS OF EMPLOYMENT › Section R2-5A-501 - Standards of Conduct

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  Required conduct. A state employee shall at all times:
1. Comply with federal and state laws and
				  rules, statewide policies and employee handbook, and agency policies and
				  directives;
2. Maintain high
				  standards of honesty, integrity, and impartiality, free from personal
				  considerations, or favoritism;
3.
				  Be courteous, considerate, and prompt in interactions with and serving the
				  public and other employees; and
4.
				  Conduct himself or herself in a manner that will not bring discredit or
				  embarrassment to the state.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 5 - CONDITIONS OF EMPLOYMENT › Section R2-5A-502 - Hours of Work

Current through Register Vol. 30, No. 28, July 12, 2024
A. State work
				  week. The state work week is the period of seven consecutive days starting
				  Saturday at 12:00 a.m. and ending Friday at 11:59 p.m. An agency head may apply
				  to the Director for an exception from the work week period for all or part of
				  an agency workforce. The Director may grant an exception from the work week
				  period to promote efficiency in the State Personnel System.
B. Hours of employment.
1. An agency head shall determine the hours
				  of employment in the work week for each agency employee.
2. An agency head may provide for breaks
				  during the work period consistent with carrying out the duties of the
				  agency.
3. An agency head may
				  require an employee to work overtime.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 5 - CONDITIONS OF EMPLOYMENT › Section R2-5A-503 - Outside Employment

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				  General. A state employee may seek employment and engage in a variety of
				  activities outside of the employee's work for the state; however, the employee
				  shall not engage in other employment or other activity that is not compatible
				  with the full and proper discharge of the duties and responsibilities of state
				  employment, or that tends to impair the employee's capacity to perform the
				  employee's duties and responsibilities in an acceptable manner.
B. Definitions. For the purposes of this
				  Section:
1. "Other employment" includes, but
				  is not limited to:
a. Working as an employee
				  for any employer, including another state agency;
b. Owning a business;
c. Contracting to provide services for a fee;
				  or
d. Serving as a consultant for a
				  fee or being self-employed;
e.
				  Holding any elected or appointed public office, whether federal, state, or
				  local; or
f. Holding a position in
				  a political party or organization.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 5 - CONDITIONS OF EMPLOYMENT › Section R2-5A-504 - Alcohol and Drug-free Workplace

Current through Register Vol. 30, No. 28, July 12, 2024
State agencies shall prohibit the manufacture,
					 distribution, dispensation, possession or use of alcohol, illegal drugs,
					 unauthorized drugs, inhalants, or other unauthorized controlled substances
					 during an employee's working hours or while on state premises or worksites,
					 including state vehicles and property leased to the state. A state employee
					 shall not be impaired by alcohol or drugs while on duty.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part A - GENERAL › Section R2-5A-A601 - Leave Administration

Current through Register Vol. 30, No. 28, July 12, 2024
A.
					 Leave plans. The Director shall adopt leave plans. Agency heads are responsible
					 for administering leave for agency employees in accordance with the leave plans
					 in this Article.
B. Eligibility for
					 leave. All state employees, except temporary employees, are eligible for any
					 type of leave with pay from the date of appointment. Temporary employees are
					 eligible only for holidays subject to the provisions of R2-5A-B601,
					 administrative leave, civic duty leave for the purpose of voting, living donor
					 leave and military leave.
C. Amount
					 of leave. Leave amounts are based on full-time employment and shall be
					 pro-rated for part-time employees, even if not specified in an individual
					 rule.
D. Family and Medical Leave
					 Act (FMLA) leave. FMLA Regulations,
					 29 CFR
					 825.100 through
					 29 CFR
					 825.800 (July 2012), are incorporated by this
					 reference and on file with the Department and available from the U.S.
					 Government Printing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401.
					 This incorporation by reference contains no future editions or amendments. An
					 employee who meets FMLA eligibility requirements and uses leave for any of the
					 situations covered by the FMLA shall be subject to the following:
1. Counting FMLA leave. Periods of paid leave
					 and periods of leave without pay shall count towards the employee's available
					 FMLA leave.
2. Use of accrued paid
					 leave. An employee shall use available paid leave for all or part of the
					 employee's FMLA leave under the conditions in:
a. R2-5A-D602 for an employee on industrial
					 leave,
b. R2-5A-D601 for an
					 employee on FMLA leave for any other reason.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B601 - Holidays

Current through Register Vol. 30, No. 28, July 12, 2024
A. State holidays.
1. January 1, "New Year's Day."
2. Third Monday in January, "Martin Luther
					 King, Jr./Civil Rights Day."
3.
					 Third Monday in February, "Lincoln/Washington Presidents' Day."
4. Last Monday in May, "Memorial
					 Day."
5. July 4, "Independence
					 Day."
6. First Monday in September,
					 "Labor Day."
7. Second Monday in
					 October, "Columbus Day."
8.
					 November 11, "Veterans Day."
9.
					 Fourth Thursday in November, "Thanksgiving Day."
10. December 25, "Christmas Day."
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B602 - Annual Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions.
					 For the purposes of this Section:
1. "Annual
					 leave" means a period of approved absence with pay that is not chargeable to
					 another category of leave.
2. "Hire
					 date" means the employee's first day of work upon hire or, if the employee has
					 a break in service, rehire.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B603 - Sick Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definition.
					 "Sick leave" is any approved period of paid absence granted an employee due to:
1. Illness or injury that renders the
					 employee unable to perform the duties of the employee's position.
2. Disability of the employee that is caused
					 by pregnancy, childbirth, miscarriage, or abortion.
3. Examination or treatment of the employee
					 by a licensed health care practitioner.
4. Illness, injury, disability caused by
					 pregnancy or childbirth, or examination or treatment by a licensed health care
					 practitioner of an employee's spouse, dependent child, or parent. Sick leave
					 granted for this purpose shall be charged to the employee's sick leave account
					 and shall not exceed 40 hours per calendar year. For the purposes of this
					 Section:
a. The term "dependent child" means
					 a natural child, an adopted child, a foster child, or a stepchild, more than
					 one-half of whose support is received from the employee.
b. The term "parent" means a birth parent,
					 adoptive parent, stepparent, foster parent, grandparent, parent-in-law, or an
					 individual who stood "in loco parentis."
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B604 - Administrative Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. An
					 agency head may authorize an employee to be absent with pay on administrative
					 leave during a state of emergency declared by the Governor or:
1. In other emergency situations such as
					 extreme weather conditions, fire, flood, or malfunction of publicly-owned or
					 controlled machinery or equipment.
2. To relieve an employee of duties
					 temporarily during the investigation of alleged wrongdoing by the employee or
					 during a disciplinary
or dismiss
al process, subject to the
					 requirements outlined in subsections (B) and (C).
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B605 - Bereavement Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. An
					 employee may be absent with pay due to the death or funeral of a spouse,
					 natural child, adopted child, foster child, stepchild, natural parent,
					 stepparent, adoptive parent, an individual who stood "in loco parentis,"
					 grandparent, grandchild, brother, sister, brother-in-law, sister-in-law,
					 mother-in-law, father-in-law, son-in-law, or daughter-in-law.
B. Amount of bereavement leave.
1. A full-time employee may be absent with
					 pay for up to 24 regularly scheduled work hours. An agency head may extend the
					 bereavement leave for up to 16 additional work hours if the employee travels
					 out-of-state for the funeral.
2. A
					 part-time employee who works 1/4 time, 1/2 time, or 3/4 time may be absent with
					 pay for a proportional amount of bereavement leave. A part-time employee who
					 works a percentage of full-time other than 1/4 time, 1/2 time, or 3/4 time may
					 be absent with pay at the next lower rate. An employee who works less than 1/4
					 time is not entitled to bereavement leave.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B606 - Civic Duty Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. Upon
					 substantiated application, an employee shall receive absence with pay as civic
					 duty leave while serving as a juror, complying with a subpoena, voting, or
					 serving as a member of a governmental board, commission, or similarly
					 constituted governmental body, subject to the conditions set forth in this rule
					 and the limitations in R2-5A-A601(B).
B. Use of civic duty leave. Except for voting
					 pursuant to A.R.S. §
											16-401
					 (primary elections) or A.R.S. §
											16-402
					 (general elections), an employee granted civic duty leave shall report for duty
					 with the employing agency whenever the employee's presence is not required for
					 the civic duty, unless:
1. The distance to
					 the work location would preclude timely reporting for the civic duty,
					 or
2. The employee cannot return to
					 work at least one hour before the end of the work shift.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B607 - Compensatory Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. General.
					 Compensatory leave is leave that has been earned by an employee under the
					 provisions of R2-5A-404.
B. Use of
					 compensatory leave. An agency head:
1. Shall
					 approve an employee's request for earned compensatory time off within a
					 reasonable time after the employee makes the request if the use of such time
					 off would not unduly disrupt agency operations.
2. May require an employee to use the
					 employee's available compensatory leave during a period specified by the agency
					 head.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B608 - Educational Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. An
					 employee may be sent with pay to participate in a formal educational or
					 training course of study at a college, university, or technical school with the
					 approval of the agency head and the Director, based on the determination that
					 the leave is in the best interest of the state.
B. Application. The approved application
					 shall be accompanied by a written agreement signed by the agency head and the
					 employee containing the following provisions at a minimum:
1. A statement of the payments, if any, to be
					 provided to the employee and the manner of their payment.
2. An agreement by the employee to return to
					 or continue in state employment upon the completion of the educational or
					 training course of study for a period of time specified by the agency
					 head.
3. A statement by the
					 employee that failure to successfully complete the course, to complete the
					 specified state employment, or to fulfill all of the terms of the agreement,
					 shall result in the employee's being required to repay all or a proportionate
					 part of the salary and other payments received, if any.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B609 - Living Donor Leave

Current through Register Vol. 30, No. 28, July 12, 2024
An employee who requests absence with pay for living
						donor leave under A.R.S. §
											41-706
						shall submit written verification that the employee is to serve as a donor. An
						employee may be absent with pay for the time specified for the following
						purposes:
1. Up to 40 working hours to
					 serve as a bone marrow donor.
2. Up
					 to 240 working hours to serve as an organ donor.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B610 - Leave for National Disaster Medical System (NDMS) Training

Current through Register Vol. 30, No. 28, July 12, 2024
An employee who requests absence with pay on national
						disaster medical system leave under A.R.S. §
											38-610
						is entitled to be absent with pay for the number of hours regularly scheduled
						to work on all days the employee is on training duty.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part B - PAID LEAVE › Section R2-5A-B611 - Meritorious Service Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
					 Director shall establish guidelines for meritorious service leave.
B. Except for employees in covered positions
					 classified as Correctional Officers I, II, or III, or Community Corrections
					 Officers, meritorious service leave is only available to uncovered
					 employees.
C. The guidelines
					 established by the Director shall include at a minimum:
1. The maximum number of hours of meritorious
					 service leave that may be awarded to an employee per calendar year;
2. The maximum percentage of agency employees
					 eligible for meritorious service leave;
3. A requirement that an employee shall use
					 meritorious service leave within 12 months of receipt of the leave;
4. A requirement that if the employee does
					 not use the meritorious service leave within 12 months of receipt, that the
					 leave is forfeited; and
5. A
					 statement that unused meritorious service leave is forfeited upon separation
					 from state employment.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part C - UNPAID LEAVE › Section R2-5A-C601 - Furlough

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definition. A
					 furlough is the involuntary placement of an employee on leave of absence
					 without pay for budgetary reasons.
B. Types of furloughs. A furlough may be
					 authorized by legislative action. In addition, the Director may approve:
1. A reduction of funding furlough that
					 allows an agency head to place employees on furlough for any combination of
					 consecutive or non-consecutive days. There is no maximum number of days an
					 employee may be placed on furlough, but consecutive furlough days shall not
					 exceed five consecutive days or more than one-half the employee's regularly
					 scheduled hours in a pay period, whichever is less; and
2. A suspension of funding furlough that
					 allows an agency head to place employees on furlough indefinitely until funding
					 is restored.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part C - UNPAID LEAVE › Section R2-5A-C602 - Leave without Pay

Current through Register Vol. 30, No. 28, July 12, 2024
A.
					 Approval. All leave without pay requires a written request by an employee in
					 advance, including the reason for the employee's request, and approval by the
					 agency head.
B. Use of leave.
					 Except for military leave, an agency head shall not grant leave without pay in
					 excess of 80 consecutive hours until all annual leave earned for working on a
					 day on which a state holiday is observed, all accrued annual leave and, if the
					 leave without pay is for medical reasons, sick leave are exhausted.
C. Return to work.
1. An employee who returns to work after an
					 authorized period of leave without pay of 80 consecutive hours or less shall
					 return to the same position occupied at the start of the leave without
					 pay.
2. Except as provided in
					 subsection (C)(4), an employee who returns to work after a period of leave
					 without pay in excess of 80 consecutive hours may return to a position in the
					 class held at the start of the leave without pay, if a position is available
					 and funded, and if the leave without pay is terminated in one of the following
					 ways:
a. Expiration of its term and the
					 employee's return to work;
b.
					 Rescission of the leave without pay by the agency head before its scheduled
					 expiration due to an unforeseen need that results in an insufficient number of
					 employees available to provide service and for which:
i. The agency head provides written notice of
					 the rescission to the employee's last known address at least 15 days before the
					 date the employee is directed to return to work; or
ii. If circumstances beyond the agency's
					 control do not permit at least a 15-day notice, the agency head provides notice
					 as soon as possible after becoming aware of the need for the employee to return
					 to work; or
c.
					 Curtailment of the leave without pay before its scheduled expiration date upon
					 request of the employee and with approval of the agency head.
3. An agency head may consider the
					 failure or inability of an employee to return to work on the first work day
					 after an approved leave without pay as a resignation.
4. An employee returning to work from leave
					 without pay granted:
a. For industrial
					 illness or injury for up to six months shall return to the position occupied at
					 the start of the leave without pay. If this position or a position in the same
					 class is not available and funded, the agency head shall conduct a layoff or,
					 if the employee is covered, a reduction in force in accordance with Subchapter
					 B.
b. As military leave is subject
					 to the provisions of the USERRA regulations incorporated by reference in
					 R2-5A-D603.
c. As FMLA leave is
					 subject to the provisions of the FMLA regulations incorporated by reference in
					 R2-5A-D601.
Arizona Administrative Code › Title 2 - ADMINISTRATION › Chapter 5 - Department of Administration - State Personnel System › Subchapter A - COVERED AND UNCOVERED EMPLOYEES › Article 6 - LEAVE › Part D - LEAVE THAT COULD BE EITHER PAID OR UNPAID › Section R2-5A-D601 - Family and Medical Leave Act (FMLA) Leave

Current through Register Vol. 30, No. 28, July 12, 2024
A. General. All state agencies are
					 responsible for complying with the federal Family and Medical Leave Act (FMLA)
					 of 1993 and all applicable revisions. FMLA Regulations,
					 29 CFR
					 825.100 through
					 29 CFR
					 825.800 (July 2012), are incorporated by this
					 reference and on file with the Department and available from the U.S.
					 Government Printing Office, 732 North Capitol Street N.W., Washington, D.C.
					 20401. This incorporation by reference contains no future editions or
					 amendments. Any interference with, restraint of, or denial of an employee's
					 rights provided by the FMLA is strictly prohibited.
B. Eligible employee.
1. An eligible employee for the purposes of
					 the FMLA is an employee who:
a. Is an
					 employee of the state of Arizona;
b. Has been employed by the state of Arizona
					 for at least 12 months; and
c.
					 Worked for at least 1,250 hours of service during the 12 months immediately
					 preceding commencement of the leave.