Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 60 - Separations, Disciplinary Actions and Reduction in Force › Rule 11-60.2 - Disciplinary Actions

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided, in addition to less severe
				  progressive discipline measures, any employee is subject to any of the
				  following disciplinary actions when the action is based on a standard of just
				  cause: suspension, reduction of pay within the same pay grade, disciplinary
				  demotion, or discharge. Disciplinary action involving employees covered by
				  collective bargaining agreements shall be in accordance with the provisions of
				  the agreement, if any. Disciplinary action shall be based on any of the
				  following reasons: inefficiency, insubordination, less than competent job
				  performance, refusal of a reassignment, failure to perform assigned duties,
				  inadequacy in the performance of assigned duties, dishonesty, improper use of
				  leave, unrehabilitated substance abuse, negligence, conduct which adversely
				  affects the employee's job performance or the agency of employment, conviction
				  of a crime involving moral turpitude, conduct unbecoming a public employee,
				  misconduct, or any other just cause.
(1) Suspension.
a.
Suspension pending
				investigation.
An appointing authority may suspend an employee for up
				to 21 calendar days with pay pending an investigation. A suspension pending
				investigation may be extended with approval from the director. If, upon
				investigation, it is determined that a suspension without pay was warranted as
				provided in subparagraph 60.2(1)
"b"
(1) below for an employee
				covered by the premium overtime provisions of the Fair Labor Standards Act, the
				appointing authority shall recover the pay received by the employee for the
				imposed period of suspension without pay.
b.
Disciplinary suspension.
An appointing authority may suspend an employee for a length of time considered
				appropriate not to exceed 30 calendar days as provided in either subparagraph
				(1) or (2) below. A written statement of the reasons for the suspension and its
				duration shall be sent to the employee within 24 hours after the effective date
				of the action.
(1) Employees who are covered
				by the premium overtime provisions of the federal Fair Labor Standards Act may
				be suspended without pay.
(2)
				Employees who are exempt from the premium overtime provisions of the federal
				Fair Labor Standards Act will not be subject to suspension without pay except
				for infractions of safety rules of major significance, and then only after the
				appointing authority receives prior approval from the director. Otherwise, when
				a suspension is imposed on such an employee, it shall be with pay and shall
				carry the same weight as a suspension without pay for purposes of progressive
				discipline. The employee will perform work during a period of suspension with
				pay unless the appointing authority determines that safety, morale, or other
				considerations warrant that the employee not report to work.