reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.07 - Outside Employment

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction.
Employees may
			 seek employment and engage in a variety of activities outside of their work for
			 the State. However, such other employment activities may not conflict with an
			 employee's State employment. Employees who desire to engage in other employment
			 must notify their supervisor and abide by the policies of their agency.
(a) Employees engaged in outside employment,
			 including consultant relationships, must inform their supervisor of the nature
			 of the additional work and their corresponding work hours. Employees must also
			 disclose actual or potential conflicts of interest related to their outside
			 employment activities and/or relationships as soon as they become aware of
			 them.
(b) For the purposes of this
			 Rule, the following terms and definitions apply in addition to those in
			  478-1-.02  (Terms and Definitions):
1. "Other employment" includes working as an
			 employee for any employer (including another State Agency), owning a business,
			 contracting to provide services for a fee, serving as a consultant for a fee or
			 honorarium, or being self-employed. "Other employment" also includes any
			 elected or appointed public office (whether federal, state, or local), or a
			 position in a political party or organization. "Other employment" does not
			 include participating in yard sales, hosting home parties (provided that the
			 employee is not a paid representative or commissioned sales representative of
			 the company), babysitting, or boarding animals (provided that such services are
			 not offered to the general public).
2. "State employment" means the employee's
			 primary employment with a State agency.
3. "Primary Agency" means the agency in which
			 the employee is employed at the time of the request to obtain employment with
			 another agency.
4. "Secondary
			 Agency" means the agency in which the employee is requesting to be
			 hired.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.08 - Political Activity

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction
:
(a) Employees
			 engaging in political activity are responsible for complying with the
			 provisions within this Rule, applicable laws, and their agency policy.
			 Employees who are uncertain whether political activity is permissible are
			 expected to seek guidance from their agency ethics officer or other designated
			 official.
(b) Typically, employees
			 may engage in political activity as private citizens that does not:
1. Conflict with their employment or take
			 place during work time or on work premises;
2. Disrupt their work environment or
			 otherwise negatively affect business operations;
3. Coerce or appear to coerce the political
			 action of other employees, contractors, vendors, or customers; or,
4. Create the perception that the employee's
			 personal political views or actions are representative of the State.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.09 - Records

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction:
The proper maintenance of employee records is an important
				component of agency administration. Well-maintained employment files assist
				agencies in making sound employment decisions and help to ensure that agencies
				comply with recordkeeping and reporting obligations in accordance with state
				and federal laws.
This Rule provides guidance regarding the proper handling,
				confidentiality, and use of employment-related records.
(2)
Applicability:
This Rule applies to all agencies of the executive branch,
				local departments of public health, and community service boards. It does not
				apply to other public corporations, authorities, or the Board of Regents of the
				University System of Georgia.
(3)
Definitions:
For the purposes of this Rule, the following terms and
				definitions apply in addition to those in
				  478-1-.02, Terms and
				Definitions:
(a) "Confidential
			 employment records" means records which must be maintained in files separate
			 from or in a separate folder within the official personnel file. Such items
			 include but are not limited to medical records, documents relating to
			 certifications or recertifications under the federal Family and Medical Leave
			 Act (FMLA), I-9 forms, workers' compensation records, and background check
			 records.
(b) "Official personnel
			 file" means records documenting an employee's work history with an agency.
			 Official personnel files should be stored in a secure location. Access should
			 be restricted to those with a legitimate need for access or as required by
			 law.
(c) "Records" means all
			 documents, papers, letters, maps, books (except books in formally organized
			 libraries), microfilm, magnetic tape, computer-based or computer-generated
			 information, or other material, regardless of physical form or characteristics,
			 made or received pursuant to law or ordinance or in performance of functions by
			 any agency.
(d) "Retention
			 schedule" means a set of disposition instructions prescribing how long, where,
			 and in what form a record series shall be kept.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.10 - Classification Plan

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction
:
Under state law, the Department of Administrative Services
				(DOAS) is required to define job classes, establish associated minimum
				qualifications, and assign classes to appropriate pay ranges. This Rule sets
				forth the procedures by which the statewide classification plan is established
				and maintained.
(2)
Applicability
:
This Rule applies to all agencies of the executive branch,
				local departments of public health, and community service boards. This Rule
				does not apply to other public corporations, authorities, the Board of Regents
				of the University System of Georgia, the legislative branch, or the judicial
				branch.
(3)
Definitions
:
(a) "Entry
			 qualifications" mean the competencies, experience and education necessary to
			 perform job responsibilities satisfactorily.
(b) "Job description" means information
			 applicable to a grouping of job duties and responsibilities, to include job
			 title, job code, job summary, list of primary duties and responsibilities, and
			 entry qualifications. Job descriptions provide broad illustrations of the types
			 of work performed by incumbents and should not be construed as limiting an
			 agency's authority to modify the duties and responsibilities of its employees
			 or to direct or control their work.
(c) "Position description" means a detailed
			 written statement of the duties and responsibilities assigned to an individual
			 employee. If appropriate, a position description will contain preferred
			 qualifications.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.11 - Compensation Plan

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction
:
Under state law, the Department of Administrative Services
				(DOAS) is required to establish and maintain a statewide system of pay ranges
				for all job classes, assign classes to appropriate pay ranges, and develop
				compensation rules and policies. The Rule sets forth the procedures by which
				the statewide compensation plan is established and maintained.
(2)
Applicability
:
This Rule applies to all agencies of the executive branch,
				local departments of public health, and community service boards. This Rule
				does not apply to other public corporations, authorities, the Board of Regents
				of the University System of Georgia, the legislative branch, or the judicial
				branch.
(3)
Preparation and Adoption of the Plan
:
(a) After consulting with agencies and the
			 State's fiscal officers, the Commissioner will have the authority to prepare
			 and recommend a new statewide compensation plan to the State Personnel Board.
			 The new plan will include salary schedules, including minimum, midpoint, and
			 maximum rates of pay by grade for the jobs outlined in the classification plan,
			 and pay addenda. In establishing salary schedules, the Commissioner will
			 consider:
1. the intent and appropriations of
			 the General Assembly;
2. rates of
			 pay in effect in the agencies;
3.
			 rates of pay for similar services among public and private employers with whom
			 the State competes for employees;
4. other benefits received by
			 employees;
5. cost of
			 living;
6. the State's financial
			 condition and policies; and
7. any
			 other relevant factors.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.12 - Salary

Current through Rules and Regulations filed through June 27, 2024
(1)
Terms and
			 Definitions.
For the purposes of this Rule, the following terms and
			 definitions apply in addition to those in
			  478-1-.02  (Terms and Definitions):
(a) "Standard hours" in a pay period means
			 the number of hours worked times the number of days worked based on an eight
			 hour day, forty-hour week, Monday through Friday schedule.
(b) "Scheduled hours" per pay period means
			 the number of hours an employee is scheduled to work during the monthly or
			 semi-monthly pay period. If an employee works other than eight hours per day or
			 on days other than that which establish the standard, the scheduled hours may
			 vary from the standard hours per pay period.
(c) "Hours" are calculated and reported in
			 whole hours and decimal fractions of hours.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.13 - Meritorious Award, Hiring Incentive, and Goal-based Incentive Programs

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction.
The State authorizes use of the incentive
			 compensation and awards, as outlined in this Rule, to support the recruitment
			 and retention of qualified talent. Each agency may adopt specific incentive
			 policies, procedures, or plans to implement incentive compensation and awards,
			 as long as they are consistent with this Rule. Incentive compensation and
			 awards are available through the following:
(a) Meritorious Award Program (including
			 Employee Suggestion Program),
(b)
			 Hiring Incentive Program, and
(c)
			 Goal-based Incentive Program.
Incentive compensation and award programs are funded by
				individual agency budgets.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.14 - Performance Management

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction
:
The State has implemented a performance management program
				through which agency supervisors and managers set performance expectations,
				conduct interim performance reviews, and annually evaluate and rate the work
				performed by employees. Performance management can serve as an effective
				retention tool, and the State's performance management program provides
				supervisors and employees with the opportunity to align work with agency goals
				and plans, discuss performance expectations, identify and correct areas for
				improvement, encourage and recognize strengths, and discuss positive,
				purposeful approaches for meeting goals. Performance discussions should ideally
				occur throughout the year during interim reviews and coaching, but must occur
				in conjunction with performance planning and end-of-year performance
				evaluation.
(2)
Applicability
:
This Rule is applicable to all full-time and part-time regular
				employees in executive branch agencies except the Board of Regents of the
				University System of Georgia. Agencies have the discretion to include their
				hourly and temporary employees in their performance management program.
(3)
Definitions
:
For the purposes of this Rule, the following terms and
				definitions apply in addition to those in Rule
				  478-1-.02, Terms and
				Definitions:
(a) "Coaching" refers to
			 periodic meetings between the supervisor and employee to discuss how
			 effectively the employee is performing and applying competencies to meet job
			 responsibilities and/or goals.
(b)
			 "Competencies" mean observable and measurable behaviors, knowledge, skills,
			 abilities, and other characteristics that are necessary to perform successfully
			 in the position.
(c) "Goal" means a
			 measurable outcome or result to be achieved as defined in a performance
			 plan.
(d) "Individual Development
			 Plan" or "IDP" means an action plan that identifies an employee's short-term
			 and long-term goals as well as projects, activities, and support that
			 contribute to the employee's continual learning and development in the
			 organization. IDPs should be a collaborative effort between the supervisor and
			 employee.
(e) "Job
			 Responsibilities" include job tasks that are necessary for successful
			 performance in the employee's current position.
(f) "Performance Plan" is the document shared
			 with and acknowledged by the employee that identifies the competencies, goals,
			 job responsibilities, and/or expectations upon which an employee will be
			 evaluated. The performance plan should also include unrated employee
			 development activities in an Individual Development Plan.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.15 - Changes to Employment Status

Current through Rules and Regulations filed through June 27, 2024
(1)
Promotions.
A promotion is
			 the advancement of an employee to a job on a higher pay grade. An agency may
			 fill a vacancy by promoting an employee determined to be qualified for the
			 higher job.
(2)
Demotions.
A demotion is the movement of an employee to a job on a lower pay grade.
			 Demotions may be voluntary or involuntary. In all cases, the employee must be
			 qualified for the lower job at the time of demotion.
(a)Voluntary Demotion:
An agency may demote an employee on a voluntary basis under the
				following conditions:
1. The employee
			 requests to be assigned to a job on a lower pay grade. In such case, the
			 employee must make the request to the agency in writing and should include the
			 reasons for requesting demotion.
2.
			 The employee accepts a job on a lower pay grade that is offered as part of a
			 reorganization or for other reasons determined to be in the best interest of
			 the agency.
3. In either case, the
			 employee must acknowledge written notice of the new job on the lower pay grade
			 and salary change, if any, and whether the new position is in the classified or
			 unclassified service.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.16 - Absence from Work

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction
:
The State recognizes value in providing a reasonable amount of
				time off to assist employees with balancing work and personal needs. To be a
				responsible steward of public funds, however, the State must account for any
				pay provided to employees for time not worked. Paid time off must be charged to
				appropriate paid leave, accumulated compensatory time, paid holiday time, or
				suspension with pay.
This Rule defines the available types of paid and unpaid leave
				and the eligibility for each. It further provides a framework for leave,
				compensatory time, and holiday administration. Information about paid
				suspension is available in Rule
				 478-1-.15, Changes to Employment
				Status, and more detailed information about compensatory time can be found in
				statewide policy #7 - Rules, Regulations, and Procedures Governing Working
				Hours, the Payment of Overtime, and the Granting of Compensatory Time, jointly
				issued by the Governor's Office of Planning and Budget and the Department of
				Administrative Services.
(2)
Applicability
:
(a) The policies
			 and procedures described in this Rule apply to all agencies of the Executive
			 branch, excluding the Board of Regents of the University System of
			 Georgia.
(b) In accordance with
			 State law (O.C.G.A. §
									45-20-32), Section (18) of this
			 Rule, Education Support Leave, is applicable to all branches and entities of
			 State government.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.17 - Leave Donation

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction:
Agencies may establish a leave donation program to enable
				eligible employees to voluntarily donate accrued leave to other eligible
				employees of the same agency who have exhausted all paid leave. This Rule
				provides parameters for an agency's policy on leave donation.
(2)
Applicability:
This Rule applies to executive branch employers, local
				departments of public health, and community service boards. It does not apply
				to other public corporations, authorities, or the Board of Regents of the
				University System of Georgia.
(3)
Definitions:
For the purposes of this Rule, the following terms and
				definition apply in addition to those in Rule
				  478-1-.02, Terms and
				Definitions:
(a) "Donor" means an
			 eligible employee who has elected to donate leave to another eligible
			 employee.
(b) "Eligible" means
			 meeting the requirements set forth in this Rule for leave donation or
			 receipt.
(c) "Extended absence"
			 means a period of absence which is more than ten (10) consecutive
			 workdays.
(d) "Immediate family"
			 means the employee's spouse, child, parent, grandparent, grandchild, brother,
			 and sister, including active step and in-law relationships. Immediate family
			 also includes any other person who resides in the employee's household and is
			 recognized by law as a dependent of the employee.
(e) "Medical hardship" means a medical
			 condition of an employee or the employee's immediate family member that will
			 require the employee's extended absence and will result in a substantial loss
			 of income to the employee.
(f)
			 "Recipient" means an eligible employee who has been authorized by the agency to
			 solicit donations of leave from other employees of the same
			 agency.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.18 - Veterans' Preference

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction.
The State
			 affords some degree of preference to veterans in certain employment decisions.
			 Recognizing their sacrifice, the State seeks to prevent veterans pursuing State
			 employment from being disadvantaged by time spent in military service.
			 Veterans' preference recognizes the economic loss suffered by citizens who have
			 served their country in uniform, restores veterans to a favorable competitive
			 position for State employment, and acknowledges the larger obligation owed to
			 disabled veterans.
(a) Preference does not
			 have as its goal the placement of a veteran in every vacant job; this would be
			 incompatible with the merit principle of public employment. However, preference
			 does provide a uniform method by which special consideration is given to
			 qualified veterans seeking employment.
(b) For purposes of this Rule, veterans'
			 preferences are given to veterans defined as any individual who was honorably
			 discharged and:
1. Served on active duty as a
			 member of the Armed Forces of the United States during a time of armed
			 conflict;
2. Served as a member of
			 the National Guard or Armed Forces Reserve on active duty for any length of
			 time during any portion of the time the Armed Forces of the United States were
			 engaged in Operation Iraqi Freedom and Operation Enduring Freedom;
			 or,
3. Served as a member of the
			 National Guard or Armed Forces Reserve on active duty for any length of time
			 during any portion of the time the Armed Forces of the United States were
			 engaged in Operation Desert Shield or Operation Desert Storm and whose service
			 occurred in an area of imminent danger as defined below.
(i) the Persian Gulf;
(ii) the Red Sea;
(iii) Gulf of Oman;
(iv) the portion of the Arabian Sea that lies
			 north of 10 degrees north latitude and west of 68 degrees east
			 longitude;
(v) the Gulf of Aden;
			 and,
(vi) the total land area of
			 Saudi Arabia, Kuwait, Iraq, Yemen, Oman, Bahrain, Qatar, and the United Arab
			 Emirates.
(c)
			 Documentation of honorable discharge and eligible service must be evidenced
			 with the DD 214 Certificate of Release or Discharge from Active Duty.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.19 - Military Leave

Current through Rules and Regulations filed through June 27, 2024
(1)
General Leave Provisions.
For the purposes of this Rule, the following terms and definitions apply in
			 addition to those in
			  478-1-.02  (Terms and Definitions):
(a) "Ordered military duty" includes any
			 military duty performed in the service of the State or of the United States
			 pursuant to orders issued by a State or federal authority, including but not
			 limited to attendance at any service school or schools conducted by the Armed
			 Forces of the United States as a voluntary member of the National Guard,
			 Georgia State Defense Force, or any reserve force or reserve component of the
			 Armed Forces of the United States.
1. An
			 employee who performs ordered military duty is eligible for military leave,
			 whether paid or unpaid.
2. In
			 general, an employee may be absent for ordered military duty for a cumulative
			 period of up to five years and retains reemployment rights with his/her agency.
			 The five year period includes only the time the employee spends actually
			 performing ordered military duty. A period of absence from employment before or
			 after performing ordered military duty does not count against the five year
			 limit.
3.An employee is eligible to
			 receive leave to attend training for a period(s) of up to a total of six months
			 during any four-year period.
4.Time
			 served while on military leave will not be considered a break in service and
			 will be credited for purposes of seniority, length of employment service,
			 annual leave or holiday privileges, or for any other right or privilege of
			 employment, reemployment, reinstatement, transfer or promotion.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.20 - Employee Complaint Resolution Procedure

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction
:
The State is committed to creating and maintaining a positive
				work environment in which employees are treated with professionalism, civility
				and respect. When workplace issues arise due to problems, misunderstandings, or
				frustrations, it is the State's intent to be responsive to employees and their
				concerns.
While many situations pose potential workplace issues,
				incidents of sexual harassment present unique challenges which warrant special
				emphasis and implementation of a particularized approach to the prevention,
				detection, and elimination of sexual harassment from the state workplace.
				Therefore, in accordance with Executive Order 01.14.19.02, Executive Branch
				agencies shall receive, process, and investigate complaints and reports of
				sexual harassment and connected retaliation based on the procedures provided in
				the Statewide Sexual Harassment Policy. Please refer to the Statewide Policy
				for specific information regarding the reporting and handling of sexual
				harassment complaints and reports.
To encourage effective operations and a productive workforce,
				each agency will implement a complaint resolution program to address employee
				concerns that are unrelated to sexual harassment.
(a) To ensure that employees have access to
			 fair and timely consideration of their concerns, agencies must make available,
			 as a minimum part of their complaint resolution program, the Employee Complaint
			 Resolution Procedure outlined in this Rule.
(b) Employees and their respective
			 supervisors are encouraged to make reasonable efforts to resolve concerns prior
			 to utilizing the formal Employee Complaint Resolution Procedure.
(c) No employee will be penalized, formally
			 or informally, for voicing a complaint in a reasonable, businesslike manner, or
			 for participating in an established complaint resolution process. Anyone who
			 intentionally supplies false or misleading information in connection with a
			 complaint or anyone who attempts to or actually harasses, intimidates, or
			 retaliates against an employee for using the Employee Complaint Resolution
			 Procedure or for providing information in connection with a complaint will be
			 subject to disciplinary action, up to and including termination of
			 employment.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.21A - Self-Disclosure of Substance Abuse

Current through Rules and Regulations filed through June 27, 2024
(1)
Self-Disclosure of Problem Use of Alcohol or Illegal Drugs
:
An employee who notifies the appointing authority of an alcohol
				or illegal drug problem shall not be dismissed from employment because of the
				self-disclosure provided:
(a) The
			 notification is made prior to arrest for an offense involving alcohol, if the
			 employee is disclosing an alcohol problem, and prior to arrest for an offense
			 involving a controlled substance, marijuana, or a dangerous drug, if the
			 employee is disclosing an illegal drug problem;
(b) For employees regulated by the Federal
			 Motor Carrier Safety Administration (FMCSA), the disclosure is made prior to
			 reporting for duty to perform safety-sensitive transportation
			 functions;
(c) The employee has not
			 refused ordered substance abuse testing or tested positive for illegal drug use
			 or alcohol. If an employee is ordered to appear for substance abuse testing,
			 then self-discloses a substance abuse problem, the employee is not excused from
			 the ordered testing. The employee must successfully complete the testing
			 process and have a negative result before becoming eligible for the protection
			 outlined in this Section;
(d) The
			 notification is made in writing to an appropriate official designated by the
			 appointing authority and states the employee is receiving or agrees to receive
			 treatment under a properly licensed substance abuse treatment and education
			 program;
(e) The employee follows
			 the treatment plan which will be at the employee's expense;
(f) The employee provides certification of
			 satisfactory completion of the recommended treatment program; and,
(g) The employee successfully completes
			 return-to-duty substance abuse testing and receives a negative result before
			 returning to work.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.21B - Pre-Employment Drug Testing for High-Risk Positions

Current through Rules and Regulations filed through June 27, 2024
(1)
Applicability
:
(a) Individuals
			 offered employment in a high-risk position must successfully complete a
			 pre-employment drug test and receive a negative result as a condition of
			 employment.
(b) Pre-employment drug
			 testing for high-risk work applies to all employment categories (e.g.,
			 full-time, part-time, temporary, hourly, internship, etc.).
(c) Pre-employment drug testing applies to
			 new hires offered initial employment into a high-risk position and to current
			 employees moving into a high-risk position subject to pre-employment drug
			 testing.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.21C - Random Substance Abuse Testing for High-Risk Positions

Current through Rules and Regulations filed through June 27, 2024
(1)
Applicability:
Positions that regularly require high-risk work are subject to
				random drug testing and may be subject to random alcohol testing. Employees
				whose position is randomly selected for substance abuse testing must neither
				refuse testing nor receive a positive result as a condition of
				employment.
(a) All employees required
			 to be certified under the Georgia Peace Officers Standards and Training Act
			 (P.O.S.T.) and who regularly perform duties where inattention or errors in
			 judgment would have the potential for significant risk of harm to the
			 individual or others are in high-risk positions and subject to random drug
			 testing. An appointing authority may also designate incumbents in high-risk
			 positions for random alcohol testing.
(b) Non-P.O.S.T. certified employees
			 determined by their appointing authority to be employed in positions designated
			 as regularly requiring high-risk work are subject to random drug testing. An
			 appointing authority may also designate incumbents in high-risk positions for
			 random alcohol testing.
(c) Prior
			 to placing an employee in a high-risk position subject to random substance
			 abuse testing, the appointing authority should notify the employee of the
			 testing requirement and the consequences for a positive result or testing
			 refusal.
(d) Random substance abuse
			 testing is applicable for all jobs determined to be high-risk, regardless of
			 the type of employment (full-time, part-time, hourly, temporary,
			 paid-student/intern, etc.).
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.21D - Substance Abuse Testing for Federally Regulated Transportation Positions

Current through Rules and Regulations filed through June 27, 2024
(1)
Applicability:
(a) Applicants
			 for, and employees in, positions that perform safety-sensitive transportation
			 functions are subject to federally regulated substance abuse testing.
(b) The testing programs in this Sub-Rule
			 apply to all employment categories of federally regulated work (e.g.,
			 full-time, part-time, temporary, hourly, internship, etc.).
(c) Prior to placing an individual in a
			 position subject to federally regulated testing, the appointing authority
			 should notify the employee or applicant of the testing requirements and of the
			 consequences for a positive result or testing refusal.
(d) Facilities and procedures used for
			 substance abuse testing of federally regulated transportation employees and
			 applicants must meet all requirements established by the U.S. Department of
			 Transportation in  49 C.F.R.
			 Part 40 . Such requirements do not allow for
			 use of "instant" drug testing products, such as on-site testing kits described
			 in Section (9) of Rule
			  478-1-.21.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.21E - Reasonable Suspicion Substance Abuse Testing of Non-Federally Regulated Employees

Current through Rules and Regulations filed through June 27, 2024
(1)
Applicability:
All employees are subject to reasonable suspicion drug and/or
				alcohol testing when a designated agency/entity official determines there is a
				compelling reason to suspect an employee is not free from alcohol or illegal
				drugs.
(2)
Indicators
			 Supporting Reasonable Suspicion:
Reasonable suspicion may be generated by physical, behavioral,
				or performance indicators or by other evidence found or reported. Indicators
				supporting reasonable suspicion include, but are not limited to:
(a) observation of behavior, appearance,
			 speech, or odor likely to result from alcohol or illegal drug use;
(b) an on-the-job incident, such as a medical
			 emergency, likely attributable to alcohol or illegal drug use by an
			 employee;
(c) observation of
			 behavior exhibited by an employee that might render the employee unable to
			 perform her/his job or that might pose a threat to the safety or health of the
			 employee or others;
(d) verifiable
			 information that an employee might not be free from alcohol or illegal drugs at
			 work;
(e) physical on-the-job
			 evidence or alcohol or illegal drug use by an employee;
(f) documented deterioration in an employee's
			 job performance likely attributable to alcohol or illegal drug use by the
			 employee;
(g) the results of other
			 scientific test(s) that indicate possible use of alcohol or illegal drugs;
			 or,
(h) any other specific, timely,
			 and describable action that would give an appointing authority reason to
			 suspect an employee might not be free from alcohol and illegal drugs.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.21F - Return-to-Duty Drug and Alcohol Testing of Non-Federally Regulated Employees

Current through Rules and Regulations filed through June 27, 2024
(1)
Applicability:
(a) Any individual
			 who will be allowed to return to work after self-disclosing a substance abuse
			 problem must successfully complete alcohol and/or drug testing, whichever is
			 applicable, and obtain a negative result before returning to work.
(b) When an individual is allowed to return
			 to work following a positive alcohol confirmation test result of 0.02 or higher
			 in a random or reasonable suspicion test, the appointing authority may require
			 a negative return-to-duty test before allowing the employee to return to
			 work.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.21G - Follow-up Substance Abuse Testing of Non-Federally Regulated Employees

Current through Rules and Regulations filed through June 27, 2024
(1)
Applicability:
(a) Any individual
			 who returns to work following the self-disclosure of a substance abuse problem
			 is subject to unannounced alcohol or drug testing, whichever is applicable, for
			 up to five (5) years.
(b) An
			 individual returning to work following a positive alcohol confirmation test
			 result of .04 or higher in a random or reasonable suspicion test may be subject
			 to follow-up alcohol testing at the recommendation of the treating Substance
			 Abuse Professional.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.21H - Consequences of Illegal Drug Convictions

Current through Rules and Regulations filed through June 27, 2024
(1)
			 Consequences of Illegal Drug Convictions:
(a)
			 Minimum Sanctions:
The suspension, dismissal, and disqualification sanctions
				prescribed in this Rule are minimum sanctions. An appointing authority may
				implement additional or more stringent sanctions.
(b) Applicants with an illegal drug
			 conviction are disqualified from working for any agency/entity for three (3)
			 months from the date of first conviction and five (5) years from the most
			 recent date of conviction if there have been multiple illegal drug convictions
			 since July 1, 1990.
(c) Employees
			 who are convicted of an illegal drug crime:
1.
			 First Offense:
Employees are suspended without pay for a period of not less
				than two (2) months and can return only after providing certification to the
				appointing authority of completion of a licensed substance abuse treatment and
				education program.
2.
			 Subsequent Offense since July 1, 1990:
The employee shall be dismissed and disqualified from any State
				employment for five (5) years from the most recent date of conviction.
(d) For purposes of
			 this Section,"illegal drug convictions" do not include sentencing under the
			 First Offender Act or pleas of nolo contendere.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.22 - Employee Suggestion Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction.
Employees are
			 encouraged to submit suggestions for improving operations and efficiency
			 through the Employee Suggestion Program (ESP) to assist the State fulfilling
			 its commitment to serving the public effectively. Eligible employees whose
			 suggestions are adopted may receive awards under the provisions of this Rule.
(a) For the purposes of this Rule, the
			 following terms and definitions apply in addition to those in
			  478-1-.02  (Terms and Definitions):
1. "Agency" means any agency as defined in
			 O.C.G.A. §
										45-20-2, any authority, or any public corporation, but does not include the Board of
			 Regents and units of the University System of Georgia.
2. "Agency Coordinator" means the chair of an
			 Agency Suggestion Committee.
3.
			 "Agency Suggestion Committee" or "Committee" means the committee appointed by
			 an agency to review suggestions submitted which pertain to the operation of
			 that agency.
4. "Employee" means an
			 employee of any agency as defined by O.C.G.A. §
										45-20-2, or authority, or any public corporation, but shall not include employees of the
			 Board of Regents or units of the University System of Georgia.
5. "Employees Suggestion Program" means the
			 program developed by the Board.
6.
			 "Suggestion Program Coordinator" means an employee of the Department of
			 Administrative Services designated by the Commissioner.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.23 - Family and Medical Leave

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction
. Family and
			 Medical Leave is a benefit and entitlement intended to assist eligible
			 employees with balancing work/life demands by providing job-protected time off
			 from work for qualifying reasons. State agencies shall administer Family and
			 Medical Leave in accordance with the federal Family and Medical Leave Act
			 (FMLA) and related regulations. Any updates to applicable federal law or
			 regulation take precedence over provisions within this Rule that are found to
			 be in conflict.
(a) State employers will not
			 interfere with, restrain, or deny the rights provided to an employee by the
			 FMLA, but shall be entitled to require appropriate medical certification and/or
			 validation of family member status to determine eligibility for Family and
			 Medical Leave.
(b) State employers
			 will not discriminate or retaliate against an individual for exercising any
			 FMLA right.
(c) Nothing in this
			 Rule or the FMLA shall be construed as limiting an agency's right to
			 discipline, terminate, or otherwise manage its employees as it deems
			 appropriate. However, the use of Family and Medical Leave cannot be considered
			 as a negative factor in any employment decision.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.24 - Working Test and Permanent Status for Classified Employees

Current through Rules and Regulations filed through June 27, 2024
(1)
General
			 Provisions.
(a) Working test is a
			 probationary period of employment for a classified employee during which the
			 employee must demonstrate to the satisfaction of the Appointing Authority the
			 knowledge, ability, aptitude, and other necessary qualities to perform
			 satisfactorily the duties of the position in which employed.
(b) Once the employee successfully completes
			 a working test period in a job, the employee gains permanent status in that
			 job. Permanent status grants the employee additional notice and appeal rights
			 that are not required during working test.
(c) While on working test, the employee can
			 be returned without appeal rights to the last lower job in which the employee
			 has permanent status if such action is determined appropriate by the Appointing
			 Authority. If the permanent status job is not used by the Appointing Authority,
			 the employee can be placed in an equivalent lower classified job, for which the
			 employee is qualified.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.25 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				§§
										45-20-3,  45-20-3.1,  45-20-4.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.26 - Adverse Actions for Classified Employees

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction.
Adverse action
			 is defined as a disciplinary action taken by an Appointing Authority which
			 results in the suspension without pay, demotion, reduction in salary, or
			 dismissal of a classified employee. It does not include action resulting from
			 Reduction in Force, insufficient funds, decrease in funds, or change in
			 departmental needs. Except as set forth in provision (11) of this Rule, an
			 employee against whom an adverse action is proposed shall be provided;
(a) At least fifteen (15) calendar days
			 advance written notice of the proposed action stating the specific charges or
			 reasons for which the action is to be taken;
(b) A reasonable time in which to refute such
			 charges; and
(c) Written
			 determination of the final action.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.27 - Appeals and Hearings for Classified Employees

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction.
Classified
			 employees may appeal certain employment actions and conditions to the State
			 Personnel Board as outlined in this Rule. In addition to establishing the
			 provisions for appeal, this Rule also sets uniform procedures for hearings
			 conducted by the State Personnel Board (Board) or an Administrative Law Judge
			 of the Office of State Administrative Hearings.
(2)
Applicability.
This Rule
			 applies only to employees in the classified service as defined in Rule
			  478-1-.02  (Terms and
			 Definitions).
(3)
Filing an
			 Appeal.
(a) All appeals to the State
			 Personnel Board shall be filed in writing with the Office of State
			 Administrative Hearings in accordance with procedures established by the Board.
			 Unless a different time period is specifically provided, appeals must be filed
			 and/or postmarked within ten (10) calendar days after:
1. The employee receives written notice of
			 the action or decision, or
2. The
			 effective date of the action or decision, whichever is later.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.28 - Voluntary Separations for Classified Employees

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction.
Actions in
			 this Rule are deemed to be voluntary separations. When taking such action, the
			 Appointing Authority will give written notice of the action to the employee,
			 including a statement that the employee may appeal the separation within the
			 time period specified in Rule
			  478-1-.27(3)  (Appeals
			 and Hearings for Classified Employees).
(2)
Applicability.
This Rule
			 applies only to employees in the classified service as defined in Rule
			  478-1-.02  (Terms and
			 Definitions).
(3)
Presumptive
			 Resignation.
When an employee is absent from duty for five (5)
			 consecutive workdays, or the equivalent of a scheduled workweek, without proper
			 authorization, the Appointing Authority has the discretion to consider the
			 employee to have voluntarily resigned from employment.
(4)
Failure to Return from Leave of
			 Absence.
When an employee fails to return to duty at the expiration of a
			 leave of absence and has not received approval for an extension, the Appointing
			 Authority has the discretion to consider this action a voluntary resignation
			 from employment. Prior to separating an employee for failure to return from
			 approved leave, the Appointing Authority must ensure the agency has met any
			 obligation it may have related to reasonable accommodation, Family and Medical
			 Leave, and military leave protection, as applicable.
(5)
Suitable Vacancy Not
			 Available.
If a suitable vacancy is not available at the expiration of a
			 Contingent Leave of Absence, the Appointing Authority shall release the
			 employee from employment.
(6)
Forfeiture of Position.
(a) An
			 employee will be deemed to have voluntarily forfeited employment when the
			 employee is terminated for any of the following reasons:
1. Failure to secure or maintain a license,
			 certificate, or registration required by law or appropriate regulatory
			 authority for the performance of the employee's duties;
2. Engaging in conflicting employment in
			 violation of Rule
			  478-1-.07  (Outside
			 Employment);
3. Engaging in
			 political activity in violation of
			  478-1-.08  (Political
			 Activity);
4. Making a false
			 statement of material fact on an application for examination or
			 employment.
Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.29 - Reserved

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  45-20-3,  45-20-3.1,  45-20-4.