Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 389 - BUREAU OF HUMAN RESOURCES › Chapter 8 - CERTIFICATION AND APPOINTMENT › Section 389-8-3 - ACTING CAPACITY ASSIGNMENT

Current through 2024-29, July 17, 2024
Temporary/emergency employment needs and the replacement of
				  employees on authorized leave of absence shall be accomplished by means of
				  acting capacity assignments made and authorized as follows:
A. Appointment Procedure (Competitive
				Division)
1. Open Appointment (duration of
				three months or less)
The appointing authority may appoint any State employee
				  deemed capable of performing the full duties and assuming the full
				  responsibilities of the vacant position. In the absence of such employee, a
				  non-state employee who meets Bureau of Human Resources qualifications may be
				  appointed.
2. Register
				Appointment (duration of more than three months)
Except for acting appointments that are made under the
				  Special Appointment and Supported Employment Programs, established register and
				  certification procedures shall apply, but all persons certified need not be
				  contacted for interview. In the absence of a suitable register, an open
				  appointment may be made as in "l" above; however, during the three-month period
				  a register will be established and the register appointment procedures will be
				  followed to fill the position for the remainder of time necessary. Acting
				  appointments made under the Special Appointment and Supported Employment
				  Programs are subject to the provisions of Section 6 of this Chapter.
This requirement to establish and use a register may be
				  waived by the Director of Human Resources in situations where such a register
				  would be difficult to establish.
Persons who specify interest in either permanent or temporary
				  employment will be certified to full time vacancies to be filled by acting
				  capacity appointment. Refusal will carry no penalty.
Only persons who specify interest in temporary or less than
				  full-time employment will be certified to part-time vacancies to be filled by
				  acting capacity appointment.
3. Maximum Duration
Acting capacity, assignment shall not exceed one [1] year;
				  except that individual extensions may be granted by the Director of Human
				  Resources when unusual circumstances warrant such extension.
4. Authorization for Release
Approval of and authorization for the release of a
				  career-service employee to accept an acting capacity assignment shall be the
				  decision of the employee's appointing authority. Record of this decision shall
				  be maintained by the appointing authority and a copy of the approved release
				  shall be provided to the employee and the Director of Human Resources when
				  acting capacity appointment is made.
5. Rights
a. Register and recall provisions for persons
				on layoff who serve on an acting capacity basis will be unaffected by such
				service.
b. The register status of
				persons selected from a class register to serve on an acting capacity basis
				will be unaffected by such service. Names will be retained on that register and
				referred to fill vacancies in accordance with established certification policy
				and procedures, including penalty for refusal.
c. In no event may an agency or State
				employee acquire or earn benefits, status or seniority in the class held on an
				acting capacity basis. Tenured service (seniority) of an agency or State
				employee on acting capacity assignment will be credited to the official
				career-service position and class from which release is made, and the benefits
				realized by this position will be continued. Telephone, uniform maintenance or
				other, special allowance which may be applicable to a position shall be
				provided the employee who holds that position on an acting capacity
				basis.
d. Acting capacity
				appointments of persons selected from reemployment or open competitive sources
				shall be non-status with respect to tenured service (seniority credits), layoff
				rights and eligibility for career-service examinations. Holiday, vacation and
				sick leave benefits shall be provided only if employment in acting capacity
				exceeds three months. Effective date for these benefits shall be the first work
				day following this three-month period.
e. Persons appointed to acting capacity
				assignment who are on layoff registers shall resume accrual of leave credits,
				eligibility for holidays and other benefits, effective the date acting capacity
				appointment is made.
6.
				Completion of Assignment
An acting capacity assignment will be completed:
a. On the ending date specified or reported,
				if made to address a temporary/emergency employment need;
b. With the return of the employee, if made
				to replace an employee on authorized leave of absence, or at an earlier time
				determined by the appointing authority; or
c. Separation of the incumbent. (Position
				will then be filled through normal certification or nomination procedure).
When an acting capacity assignment is completed, the agency
				  or state employee shall be returned to his/her career-service position, and
				  persons appointed from other sources shall be terminated.
7. Compensation
a. If to a class in a higher pay range, as if
				promoted.
b. If to a class in the
				same, or lower pay range, continue at regular position rate.
c. If from reemployment or open competitive
				registers, as if an original appointment.
d. The rules and regulations governing
				eligibility for overtime compensation, rate of overtime compensation and
				holiday pay shall be those in effect for the class to which acting capacity
				appointment is made.
8.
				Merit Evaluation
Agency or state employees on release from a career-service
				  position and class to serve on an acting capacity basis will continue their
				  established anniversary dates. Any merit increase awarded shall to applicable
				  to both the position and class from which release is made and the position and
				  class to which acting capacity appointment is made.
9. Records
a. No changes to official employee work
				records will be necessary or made when acting capacity assignment involves a
				career-service employee.
b.
				Requisition, certification and/or appointment procedure shall apply when a
				non-career service employee is to be appointed, or when certification from a
				class register is required.
c.
				Record of the acting capacity assignment of career-service employees shall be
				reported to the Director of Human Resources on a form prescribed for this
				purpose.