reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 54 - Recruitment, Application and Examination › Rule 11-54.8 - Nonmerit Hiring Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant for employment to a position that is not covered
				  by the merit system shall disclose to the appointing authority, in writing,
				  whether the applicant has filed a registration statement pursuant to the
				  federal Foreign Agents Registration Act of 1938, as amended,
				  22
				  U.S.C. §
										611 et seq.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 55 - Eligible Lists › Rule 11-55.1 - Establishment of Eligible Lists

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall establish and maintain various lists of
				  eligible applicants for use in filling vacant positions. Eligible lists may be
				  by job class or specific position. Eligible lists may be continuous or may be
				  abolished after a vacancy is filled. The following are types of eligible
				  lists:
(1)
Recall
				lists.
These lists shall consist of the names of permanent employees
				who were separated by layoff; or who moved to another class or had their work
				hours reduced in lieu of layoff Recall shall be in accordance with 11-subrule
				60.3(6).
(2)
Promotional
				lists.
Promotional lists shall consist of the names of permanent
				employees and those as designated in 11-paragraph 54.2(4) "a" who have applied
				for a job class and who have met the minimum qualifications and other
				promotional screening requirements for the class. The length of time of
				eligibility for promotion from these lists need not be the same as that for
				appointment from nonpromotional lists.
(3)
All-applicant lists.
All-applicant lists shall consist of the names of all persons who have applied
				for positions, met the minimum qualifications for the class, and undergone, as
				necessary, the designated screening for the class. Persons in the certified
				disability program or any other formal waiver program established by the
				department shall be identified as such and placed on the all-applicant
				list.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 55 - Eligible Lists › Rule 11-55.2 - Removal of Names From Eligible Lists

Current through Register Vol. 47, No. 3, July 24, 2024
The director may remove names from an eligible list for a
				  particular job class(es) for any of the following reasons in addition to those
				  cited in 11-subrule 54.2(6):
1.
				Failure by the applicant to maintain a record of current address as evidenced
				by the return of a properly addressed letter or other similar
				evidence.
2. Failure by the
				applicant to respond to a written inquiry from the director or an appointing
				authority as to availability within five workdays following the date the
				inquiry was sent.
3. Receipt of a
				statement that the applicant no longer wants to be on the list for the
				class.
4. Declination of an
				appointment or promotion under previously agreed to conditions.
5. Appointment to a job class.
6. Abolition or expiration of an eligible
				list for a job class(es).
7. In the
				case of promotional lists, separation from state service.
8. Correction of erroneous placement on a
				list.
9. Violation of any of the
				provisions of Iowa Code chapter 8A or these rules. Applicants removed for this
				reason shall be notified in writing by the director within five workdays
				following removal. Appeal of removal for this reason shall be in accordance
				with 11-subrule 61.2(4).
10.
				Failure by the applicant to maintain contact as instructed by the department
				concerning current availability, mailing address and telephone
				number.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 55 - Eligible Lists › Rule 11-55.3 - Statement of Availability

Current through Register Vol. 47, No. 3, July 24, 2024
It shall be the applicant's responsibility to notify the
				  director in writing of any change in address or other changes affecting
				  availability for employment. The director may at any time verify the
				  availability of applicants. The names of applicants shall be withheld from all
				  eligible lists which do not meet the stated conditions and locations under
				  which the applicants have indicated availability.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 56 - Filling Vacancies › Rule 11-56.1 - Method of Filling Vacancies

Current through Register Vol. 47, No. 3, July 24, 2024
Vacancies shall be filled through promotion, transfer,
				  demotion, recall, reinstatement or original appointment. The method and order
				  in which vacancies are filled shall be determined by the director, taking into
				  consideration the provisions of collective bargaining agreements and these
				  rules. Vacancies shall be announced before a list of applicants is issued to an
				  appointing authority.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 56 - Filling Vacancies › Rule 11-56.3 - Types of Lists

Current through Register Vol. 47, No. 3, July 24, 2024
The following types of lists may be issued.
(1)
Recall list.
The
				director will provide the names of those persons who are eligible for recall on
				the date and time issued in accordance with the provisions of 11-subrule
				60.3(6) or applicable collective bargaining agreements.
(2)
Promotional list.
The
				director will provide the names of qualified applicants who are permanent
				employees and those designated in 11-subrule 54.2(4) who have indicated
				availability for the conditions and location specified in the vacancy
				announcement.
(3)
All-applicant list.
The director will provide the names of all
				qualified applicants who have indicated availability for the conditions and
				location specified in the vacancy announcement.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 56 - Filling Vacancies › Rule 11-56.4 - Selective Lists

Current through Register Vol. 47, No. 3, July 24, 2024
The director may provide lists of only those eligibles for a
				  position who possess specific education, experience or other selective
				  qualifications required to perform the duties of a position. The director may
				  establish procedures for determining and approving selective qualifications,
				  processing requests and issuing lists with selectives.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 56 - Filling Vacancies › Rule 11-56.5 - Expiration of a List

Current through Register Vol. 47, No. 3, July 24, 2024
The expiration of a list shall be 120 calendar days following
				  the date of issue unless otherwise approved by the director. All appointments
				  or promotions must be reported to the director before the expiration date of
				  the list. Effective dates of appointments or promotions must be no later than
				  60 days after the expiration date of the list unless otherwise authorized by
				  the director, except that appointments or promotions "pending graduation" or
				  "pending license" shall be allowed to be effective up to nine months following
				  the expiration date of the list.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 56 - Filling Vacancies › Rule 11-56.7 - Referral and Appointment of "conditional" Applicants

Current through Register Vol. 47, No. 3, July 24, 2024
The names of applicants who are on the eligible list for a
				  class "pending graduation" or "pending license" are considered to be
				  "conditional." If a "conditional" applicant is selected, the appointment shall
				  not be effective until the applicant has met the minimum requirements for
				  qualification. Appointments shall be made in accordance with 11-subrule 54.2(5)
				  and rule
				  11-56.5
				  (8A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 56 - Filling Vacancies › Rule 11-56.8 - Adjustment of Errors

Current through Register Vol. 47, No. 3, July 24, 2024
An error in the compilation or issuance of a list, if called
				  to the attention of the director prior to the filling of the vacancy, shall be
				  corrected and a new list issued. Except for a recall list, such correction
				  shall not result in the removal of any eligible already certified nor
				  invalidate any appointment already made.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.1 - Filling Vacancies

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided for in these rules or the Iowa
				  Code, the filling of all vacancies shall be subject to the provisions of these
				  rules. No vacant position in the executive branch shall be filled until the
				  position has been classified in accordance with Iowa Code chapter 8A and these
				  rules.
A former employee who has participated in any early
				  retirement or early termination program shall not be eligible for any state
				  employment, except as provided for in the applicable program.
A person who has served as a commissioner or board member of
				  a regulatory agency shall not be eligible for employment with that agency until
				  two years after termination of the appointment.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.2 - Probationary Appointment

Current through Register Vol. 47, No. 3, July 24, 2024
Probationary appointments may be made only to authorized and
				  established positions unless these rules provide otherwise. Appointments to
				  positions covered by merit system provisions shall be made in accordance with
				  11-Chapter 56 when applicable.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.3 - Provisional Appointment

Current through Register Vol. 47, No. 3, July 24, 2024
If the director is unable to provide at least six applicants
				  for a position, an appointing authority may provisionally appoint a person who
				  meets the minimum qualifications for the class to fill the position pending the
				  person's appointment from an eligible list.
No provisional probationary appointment shall be continued
				  for more than 30 calendar days after the date of original appointment.
Successive provisional appointments shall not be permitted.
				  An employee with provisional status shall not be eligible for promotion,
				  demotion, transfer, or reinstatement to any position nor have reduction in
				  force or appeal rights, but provisional probationary employees shall be
				  eligible for vacation and sick leave and other employee benefits.
An employee shall receive credit for time spent in
				  provisional status that is contiguous to the period of probationary
				  status.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.4 - Temporary Appointment

Current through Register Vol. 47, No. 3, July 24, 2024
Persons may be appointed with temporary status to any class.
				  They may be paid at any rate of pay within the range for the class to which
				  appointed.
Temporary appointments may be made to temporary positions or
				  to permanent positions, or on an overlap basis to unauthorized positions, and
				  may be made to any class and at any rate of pay within the range for the class
				  to which appointed.
A temporary appointment shall not exceed 780 work hours in a
				  fiscal year.
A temporary employee shall have no rights to appeal,
				  transfer, demotion, promotion, reinstatement, or other rights of position, nor
				  be entitled to vacation, sick leave, or other benefits, unless the temporary
				  employee becomes covered by a collective bargaining agreement, in which case
				  the temporary employee may have rights under the collective bargaining
				  agreement.
A person appointed with temporary status shall only be given
				  another temporary type of appointment to the extent that the total number of
				  hours worked in all temporary and seasonal appointments in any agency in a
				  fiscal year does not exceed 780 hours.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.5 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
A permanent employee who left employment for other than just
				  cause may be reinstated with permanent or probationary status to any class for
				  which qualified at the discretion of an appointing authority. Reinstatement
				  shall not require appointment from a list of eligibles. Former employees who
				  retired and applied for retirement benefits under an eligible state retirement
				  system or program are not eligible for reinstatement unless otherwise permitted
				  by law.
A permanent employee who demotes may at any time be
				  reinstated to a position in the class occupied prior to the demotion at the
				  discretion of the appointing authority. Reinstatement shall not require
				  appointment from a list of eligibles.
Former employees who are reinstated shall accrue vacation at
				  the same rate as at the time they separated from state employment, and the
				  employee's previous vacation anniversary date minus the period of separation
				  shall be restored. This paragraph shall be effective retroactive to January 1,
				  1995.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.6 - Internship Appointment

Current through Register Vol. 47, No. 3, July 24, 2024
The director may authorize an appointing authority to make an
				  internship appointment to an established position, or if funds are available,
				  to an unauthorized position.
(1)
				Internship appointments shall expire upon attainment of a degree.
(2) Employees with internship status shall
				have no rights of appeal, transfer, demotion, promotion, reinstatement, or
				other rights of position, nor be entitled to vacation, sick leave, or other
				benefits of state employment, nor shall credit be given for future vacation
				accrual purposes.
(3) Successful
				completion of an internship appointment of at least 480 hours shall authorize
				the appointee to be on promotional or all-applicant lists. Only persons
				formally enrolled in the department's intern development program are eligible
				to be on promotional lists. Successful completion shall be as determined by the
				director at the time of enrollment.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.7 - Seasonal Appointment

Current through Register Vol. 47, No. 3, July 24, 2024
The director may authorize appointing authorities to make
				  seasonal appointments to positions. Seasonal appointments may be made to any
				  class and at any rate of pay within the range for the class to which appointed.
				  Seasonal appointments may, however, be made only during the seasonal period
				  approved by the director for the agency requesting to make the appointment and
				  must be concluded by the end of that period. To be eligible to make seasonal
				  appointments, the appointing authority must first submit a proposed seasonal
				  period to the director for approval. Such period shall not exceed six months in
				  a fiscal year; however, the appointment may start as early as the beginning of
				  the pay period that includes the first day of the seasonal period and may end
				  as late as the last day of the pay period that includes the last day of the
				  seasonal period.
Persons appointed with seasonal status shall have no rights
				  to appeal, transfer, promotion, demotion, reinstatement, or other rights of
				  position, nor be entitled to vacation, sick leave, or other benefits, unless
				  the temporary employee becomes covered by a collective bargaining agreement, in
				  which case the temporary employee may have rights under the collective
				  bargaining agreement.
A person appointed with seasonal status shall only be given
				  another temporary or seasonal appointment to the extent that the total number
				  of hours worked in all temporary and seasonal appointments in any agency in a
				  fiscal year does not exceed 780 hours.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.8 - Overlap Appointment

Current through Register Vol. 47, No. 3, July 24, 2024
When it is considered necessary to fill a position on an
				  overlap basis pending the separation of an employee, the appointment of a new
				  employee may be made in accordance with these rules for a period not to exceed
				  60 calendar days. An overlap appointment must be in the same class as the
				  authorized position being overlapped, unless otherwise approved by the director
				  Any overlap appointment for a longer period must first be approved by the
				  director
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.9 - Noncompetitive Appointments for Disabled Veterans

Current through Register Vol. 47, No. 3, July 24, 2024
A disabled veteran who satisfactorily completes a federally
				  funded job training program approved by the United States Department of
				  Veterans Affairs in a state agency may be appointed noncompetitively into a
				  vacant position in the job classification in which the veteran has been
				  trained. A person who satisfactorily completes the program is eligible for a
				  noncompetitive appointment with that agency for a period of one year. The
				  appointment will be made in accordance with 11-subparagraph
				  54.2(4)"a"(4).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 57 - Appointments › Rule 11-57.10 - Rescinding Appointments

Current through Register Vol. 47, No. 3, July 24, 2024
If, after being appointed, it is found that an employee
				  should have been disqualified or removed as provided for in these rules, the
				  appointing authority may rescind the appointment. An employee with permanent
				  status may file a grievance in accordance with 11-Chapter 61.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 58 - Probationary Period › Rule 11-58.1 - Duration

Current through Register Vol. 47, No. 3, July 24, 2024
All original full-time or part-time appointments to permanent
				  positions shall require a six-month period of probationary status. Appointments
				  to peace officer positions at the department of public safety require a
				  12-month probationary period following appointment. Employees with probationary
				  status shall not be eligible for promotion, reinstatement following separation,
				  or other rights to positions unless provided for in this chapter, nor have
				  reduction in force, recall, or appeal rights.
A six-month period of probationary status may, at the
				  discretion of the appointing authority and with notice to the employee and the
				  director, be required upon reinstatement, and all rules regarding probationary
				  status shall apply during that period.
The provisions of this chapter shall apply to all executive
				  branch employees, except employees of the board of regents, unless collective
				  bargaining agreements provide otherwise.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 58 - Probationary Period › Rule 11-58.2 - Disciplinary Actions

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to less severe progressive discipline measures,
				  the appointing authority may demote, suspend, reduce pay within the same pay
				  grade, or discharge an employee during the period of probationary status
				  without right of appeal. The appointing authority shall notify the employee in
				  writing of the effective date of the action, and in the case of a suspension or
				  reduction in pay, the duration of the action. In no case shall suspension
				  extend beyond 30 calendar days, nor beyond the end of the probationary period.
				  A copy of the notice shall be sent to the director by the appointing
				  authority.
Disciplinary demotion during the period of probationary
				  status to a position covered by merit system provisions shall require that the
				  employee meet the minimum qualifications for the class. If demoted, the total
				  required period of probationary status shall include the time spent in the
				  higher class. The pay shall be set in accordance with 11-subrule
				  53.6(7).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 58 - Probationary Period › Rule 11-58.3 - Voluntary Demotion During the Period of Probationary Status

Current through Register Vol. 47, No. 3, July 24, 2024
Voluntary demotion during the period of probationary status
				  to a position covered by merit system provisions shall require that the
				  employee meet the minimum qualifications for the class. The total required
				  period of probationary status shall include the time spent in the higher class.
				  The pay shall be set in accordance with 11-subrule 53.6(7).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 58 - Probationary Period › Rule 11-58.4 - Promotion During the Period of Probationary Status

Current through Register Vol. 47, No. 3, July 24, 2024
A probationary employee who is promoted during the period of
				  probationary status to a position covered by merit system provisions shall be
				  hired in accordance with 11-subrule 56.3(3). The total required probationary
				  period shall include the probationary service in the class from which the
				  employee is promoted. The rate of pay shall be set in accordance with
				  11-subrule 53.6(6).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 58 - Probationary Period › Rule 11-58.5 - Transfer During the Period of Probationary Status

Current through Register Vol. 47, No. 3, July 24, 2024
A probationary employee who is transferred during the period
				  of probationary status by the appointing authority to a position covered by
				  merit system provisions must meet the minimum qualifications required for the
				  class. The total required period of probationary status shall include the
				  probationary time spent in the class from which transferred. The rate of pay
				  shall be set in accordance with 11-subrule 53.6(8).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 58 - Probationary Period › Rule 11-58.6 - Reclassification During the Period of Probationary Status

Current through Register Vol. 47, No. 3, July 24, 2024
An employee who is reclassified during the period of
				  probationary status need only meet the minimum qualifications for the class.
				  The total required period of probationary status shall include the probationary
				  time spent in the previous class. The rate of pay shall be in accordance with
				  11-subrule 53.6(9).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 58 - Probationary Period › Rule 11-58.7 - Leave Without Pay During the Period of Probationary Status

Current through Register Vol. 47, No. 3, July 24, 2024
A probationary employee may be granted leave without pay at
				  the appointing authority's discretion in accordance with these rules. When a
				  probationary employee is granted leave without pay, the employee's probationary
				  period shall not be extended by the amount of leave granted unless the leave is
				  for education or training.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 58 - Probationary Period › Rule 11-58.8 - Vacation and Sick Leave During the Period of Probationary Status

Current through Register Vol. 47, No. 3, July 24, 2024
Probationary employees shall accrue and may be granted
				  vacation and sick leave in accordance with the provisions of these
				  rules.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 58 - Probationary Period › Rule 11-58.9 - Probationary Period for Promoted Permanent Employees

Current through Register Vol. 47, No. 3, July 24, 2024
This rule shall only apply to promotion within an appointing
				  authority's department and to positions covered by merit system
				  provisions.
An employee may be required to serve a six-month probationary
				  period in the class to which promoted before the promotion becomes
				  permanent.
At any time during the promotional probationary period the
				  appointing authority may return the employee to the formerly held class. Return
				  under this probationary period rule shall not be considered a demotion and
				  there shall be no right to an appeal. The former salary and pay increase
				  eligibility date shall be restored with credit allowed for the time spent in
				  the higher class.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 59 - Promotion, Transfer, Temporary Assignment, Reassignment and Voluntary Demotion › Rule 11-59.1 - Promotion

Current through Register Vol. 47, No. 3, July 24, 2024
An appointing authority may promote an employee with
				  permanent status if the employee meets the minimum qualifications and other
				  promotional screening requirements for the position. The employee must be on
				  the list of eligibles for the position and available under the conditions
				  stated on the list request. Vacancies must be filled in accordance with
				  11-Chapter 56.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 59 - Promotion, Transfer, Temporary Assignment, Reassignment and Voluntary Demotion › Rule 11-59.2 - Reassignment

Current through Register Vol. 47, No. 3, July 24, 2024
An appointing authority may reassign an employee.
				  Reassignments may be intra-agency or interagency. Interagency reassignments
				  require the approval of both the sending and the receiving appointing
				  authorities.
An employee who refuses a reassignment may be discharged in
				  accordance with rule
				  11-60.2
				  (8A), except as provided in this rule.
If the reassignment of an employee would result in the loss
				  of merit system coverage, an appointing authority may not reassign that
				  employee without the employee's written consent regarding the change in merit
				  system coverage. A copy of the consent letter shall be forwarded by the
				  appointing authority to the director If the employee does not consent to the
				  change in coverage, a reduction in force may be initiated in accordance with
				  these rules or the applicable collective bargaining
				  agreement.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 59 - Promotion, Transfer, Temporary Assignment, Reassignment and Voluntary Demotion › Rule 11-59.3 - Temporary Assignments

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				appointing authority may assign a permanent employee to special duty when that
				employee is temporarily needed in another position. This assignment shall be
				without prejudice to the employee's rights in or to the regularly assigned
				position. Unless there is a statutory requirement to the contrary, the employee
				need not be qualified for the class to which temporarily assigned.
(2) An appointing authority may temporarily
				assign a permanent employee duties that are extraordinary for the employee's
				class. These duties may be of a level higher than, lower than, or similar to
				the duties regularly assigned to the employee's class, and may be in addition
				to or in place of some or all of the employee's regularly assigned
				duties.
(3) Requests shall be
				submitted to the director in writing for assignments to special duty or
				extraordinary duty that exceed three complete pay periods and shall explain the
				need and the period of time requested. Temporary assignments shall not
				initially be approved for a period longer than one year. Extensions may be
				requested. Requests shall be submitted on forms prescribed by the
				director
(4) An appointing
				authority may make temporary assignments without additional pay for up to three
				consecutive pay periods in a fiscal year. Approval of temporary assignments
				without additional pay beyond three consecutive pay periods may be granted by
				the director
(5) An appointing
				authority shall provide restricted duty work assignments, without change to an
				employee's class and regular pay rate, for those employees who have a medical
				release to return to restricted duty following a job-related illness or injury.
				The original period of restricted duty shall be the hourly equivalent of 20
				workdays (which shall be on a pro-rata basis for part-time employees), or until
				the employee is medically released for full duty, whichever is less. Extensions
				to the original period may be requested by the appointing authority for
				approval by the director Exceptions to this subrule must be approved by the
				director
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 59 - Promotion, Transfer, Temporary Assignment, Reassignment and Voluntary Demotion › Rule 11-59.4 - Voluntary Demotion

Current through Register Vol. 47, No. 3, July 24, 2024
An appointing authority may grant an employee's written
				  request for a demotion to a lower class. If the voluntary demotion involves
				  movement from a position covered by merit system provisions to one that is not,
				  the request must clearly indicate the employee's knowledge of the change in
				  merit system coverage. If the employee objects to the change in coverage, the
				  demotion shall not take effect. Also, no demotion shall be made from one
				  position covered by merit system provisions to another, or from a position not
				  covered by merit system provisions to one that is, until the employee is
				  approved by the director as being qualified. A copy of the voluntary demotion
				  request shall be sent by the appointing authority to the director at the time
				  of the demotion.
Voluntary demotion may be either intra-agency or interagency,
				  and shall not be subject to appeal under these rules. Vacancies must be filled
				  in accordance with 11-Chapter 56.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 59 - Promotion, Transfer, Temporary Assignment, Reassignment and Voluntary Demotion › Rule 11-59.5 - Transfer

Current through Register Vol. 47, No. 3, July 24, 2024
Transfers are restricted to the movement of an employee to a
				  vacant position of the same or different job class in the same pay grade.
				  Transfers may be interagency or intra-agency. To be eligible to transfer, the
				  employee must meet any minimum qualifications and selective requirements for
				  the position. Vacancies must be filled in accordance with 11-Chapter 56.
An employee may request a voluntary transfer. The decision to
				  grant or deny a request for voluntary transfer is made by the receiving
				  appointing authority.
An appointing authority may involuntarily transfer an
				  employee. To do so, any applicable collective bargaining agreement provisions
				  regarding transfer must first be exhausted. Involuntary interagency transfers
				  require the approval of both the sending and the receiving appointing
				  authorities.
If the transfer of an employee would result in the loss of
				  merit system coverage, the transfer shall not take place without the affected
				  employee's written consent to the change in merit system coverage. A copy of
				  the consent letter shall be forwarded by the appointing authority to the
				  director. If the employee does not consent to the change in coverage, a
				  reduction in force may be initiated in accordance with these rules or the
				  applicable collective bargaining agreement.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 60 - Separations, Disciplinary Actions and Reduction in Force › Rule 11-60.1 - Separations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Resignation, retirement, phased retirement, early retirement, or early
				termination.
a. To resign or retire
				in good standing, an employee must give the appointing authority at least 14
				calendar days' prior notice unless the appointing authority agrees to a shorter
				period. A written notice of resignation or retirement shall be given by the
				employee to the appointing authority, with a copy forwarded to the director by
				the appointing authority at the same time. An employee who fails to give this
				prior notice may, at the request of the appointing authority, be barred from
				certification or appointment to that agency for a period of up to two years.
				Resignation or retirement shall not be subject to appeal under 11-Chapter 61
				unless it is alleged that it was submitted under duress.
Employees who are absent from duty for three consecutive
				  workdays without proper authorization from the appointing authority may be
				  considered to have voluntarily terminated employment. The appointing authority
				  shall notify the employee of the authority's decision to remove the employee
				  from the payroll. Notification shall be sent to the employee's last-known
				  address, with delivery confirmation required. The appointing authority shall
				  consider requests to review circumstances.
b. Rescinded IAB 8/6/14, effective
				9/10/14.
c. Separation from
				employment for purposes of induction into military service shall be in
				accordance with 11-subrules 63.6(2) and 63.9(2).
d. A person who has served as a commissioner
				or board member of a regulatory agency shall not be eligible for employment
				with that agency until two years after termination of the
				appointment.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 60 - Separations, Disciplinary Actions and Reduction in Force › Rule 11-60.3 - Reduction in Force

Current through Register Vol. 47, No. 3, July 24, 2024
A reduction in force (layoff) may be proposed by an
				  appointing authority whenever there is a lack of funds, a lack of work or a
				  reorganization. A reduction in force shall be required whenever the appointing
				  authority reduces the number of permanent merit system covered employees in a
				  class or the number of hours worked, as determined by the "full-time
				  equivalent" funding attributed to the position, by a permanent merit system
				  covered employee in a class, except as provided in subrule 60.3(1).
(1) The following agency actions shall not
				constitute a reduction in force nor require the application of these reduction
				in force rules:
a. An interruption of
				employment for no more than 20 consecutive calendar days, with the prior
				approval of the director.
b.
				Interruptions in the employment of school term employees during breaks in the
				academic year, during the summer, or during other seasonal interruptions that
				are a condition of employment, with the prior approval of the
				director.
c. The promotion or
				reclassification of an employee to a class in the same or a higher pay
				grade.
d. The reclassification of
				an employee's position to a class in a lower pay grade that results from the
				correction of a classification error, the implementation of a class or series
				revision, changes in the duties of the position, or a reorganization that does
				not result in fewer total positions in the unit that is reorganized.
e. A change in the classification of an
				employee's position or the appointment of an employee to a vacant position in a
				class in a lower pay grade resulting from a disciplinary or voluntary
				demotion.
f. The transfer or
				reassignment of an employee to another position in the same class or to a class
				in the same pay grade.
g. A
				reduction in the number of, or hours worked by, permanent employees not covered
				by merit system provisions.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 61 - Grievances and Appeals › Rule 11-61.2 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal
				of position classification decisions.
a. Appeal of a position classification
				decision shall be in accordance with rule
				11-52.5
				(8A) and the contested case provisions of Iowa Code chapter 17A.
b. The appellant (including all appellants in
				the case of a group hearing), an employee who is the appellant's
				representative, and employees directed by the appointing authority to attend
				the classification appeal hearing by the appointing authority or the director
				shall be in paid status for the time spent at and traveling to and from the
				hearing during their regularly scheduled hours of work. In addition, only
				employees directed by management to attend the hearing shall, if eligible for
				overtime compensation, be in paid status for the time spent at and traveling to
				and from the hearing outside of their regularly scheduled hours of
				work.
c. The appointing authority
				shall not authorize mileage or the use of a state vehicle for employees to
				attend or participate in a classification appeal hearing, except for those
				employees who are directed to attend the hearing by the appointing authority or
				the director.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 61 - Grievances and Appeals › Rule 11-61.3 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
The director or an appellant may request that an informal
				  conference be held to determine if a dispute can be resolved in a manner
				  agreeable to all parties prior to a contested case hearing. If the director and
				  the appellant agree to negotiate a settlement, the various points of the
				  proposed settlement shall be included in a written statement of facts.
				  Negotiations for a settlement shall be completed at least five workdays prior
				  to the date of the contested case hearing, unless additional time is agreed to
				  by the director, the appellant and the public employment relations board, the
				  department of inspections and appeals, or the classification appeal committee,
				  as applicable. The settlement shall not be binding until approved in accordance
				  with the procedures set forth in 2017 Iowa Acts, House File 291, section
				  51.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 62 - Performance Review › Rule 11-62.1 - System Established

Current through Register Vol. 47, No. 3, July 24, 2024
The director shall establish, administer and maintain a
				  uniform system of performance planning and evaluation to be applied to all
				  employees in the executive branch of state government, excluding board of
				  regents employees, and shall prescribe forms and procedures for its use. Such
				  forms and procedures shall be in accordance with the accountable government Act
				  pursuant to Iowa Code section
				  8E.207,
				  subsection 2. Appointing authorities shall determine and assign the job duties
				  to be performed by employees.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 62 - Performance Review › Rule 11-62.2 - Minimum Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Performance plan.
The individual employee performance plan
				shall be based on the responsibilities, strategies or goals assigned during the
				rating period and shall include the standards or expectations, including action
				steps, performance criteria, and timetables, required for performance to be
				considered as meeting job expectations. The individual employee performance
				plan shall be given to and discussed with the employee at the start of the
				rating period. Significant changes in responsibilities, standards or
				expectations that occur during the rating period shall be included in the
				individual employee performance plan, and a revised copy shall be given to and
				discussed with the employee.
(2)
Performance evaluation.
A performance evaluation shall be
				prepared for each employee at least every 12 months. Additional evaluations may
				be prepared at the discretion of the supervisor. Ratings on the evaluation form
				are to be accompanied by descriptive comments supporting the ratings. The
				evaluation may also include job-related comments concerning achievements or
				areas of strength, areas for improvement, and training/development plans. The
				supervisor or team shall discuss the evaluation with the employee, and the
				employee shall be given the opportunity to attach written comments. Periods of
				service during FMLA, workers' compensation, military, or educational leave
				shall be considered as meeting job expectations.
Exit performance reviews shall be completed by the former
				  supervisor on or before the last day before the movement of an employee to
				  employment in another section, bureau, division or agency of state government.
				  This review shall be for the period between the previous review up to the
				  movement to the other position. A copy shall be forwarded to the new supervisor
				  of the employee.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 62 - Performance Review › Rule 11-62.3 - Copies of Records

Current through Register Vol. 47, No. 3, July 24, 2024
The employee shall receive a copy of each individual employee
				  performance plan and evaluation. The originals shall be retained by the
				  employee's agency in accordance with the policies of the department. The
				  performance evaluation and attachments are confidential records within the
				  meaning of Iowa Code section
				  22.7, subsection
				  11.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 63 - Leave › Rule 11-63.1 - Attendance

Current through Register Vol. 47, No. 3, July 24, 2024
Appointing authorities shall establish the working schedules,
				  regulations, and required hours of work for employees under their direction.
				  All regulations and schedules shall be made known to the affected employees by
				  appointing authorities. All absences of probationary and permanent employees
				  shall be charged to one of the leave categories provided for in this
				  chapter
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 63 - Leave › Rule 11-63.2 - Vacation Leave

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Nontemporary
				employees shall earn vacation for continuous state employment as follows:
a. Two unscheduled holidays to be added to
				the vacation accrual each year.
b.
				Two weeks of vacation during the first and through the fourth year of
				employment.
c. Three weeks of
				vacation during the fifth and through the eleventh year of
				employment.
d. Four weeks of
				vacation during the twelfth year and through the nineteenth year of
				employment.
e. Four and four-tenths
				weeks of vacation during the twentieth year and through the twenty-fourth year
				of employment.
f. Five weeks of
				vacation during the twenty-fifth and all subsequent years of
				employment.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title IV - Human Resources › Chapter 63 - Leave › Rule 11-63.4 - Family and Medical Leave Act Leave

Current through Register Vol. 47, No. 3, July 24, 2024
An employee who has been employed for a cumulative total of
				  12 months or more in the most recent seven-year period and who has worked at
				  least 1,250 hours during the 12-month period immediately preceding the date
				  leave is to begin shall be eligible for family and medical leave in accordance
				  with the federal Family and Medical Leave Act (FMLA) and 29 CFR Part 825, these
				  rules, and the policies of the department. Eligibility determinations shall be
				  made as of the date that the FMLA leave is to begin. The FMLA leave year begins
				  on the first day of each fiscal year. Eligible employees are entitled to FMLA
				  leave subject to the following conditions:
(1) It is the appointing authority's
				responsibility to designate leave as FMLA leave. The appointing authority shall
				designate leave as FMLA leave when the leave qualifies for FMLA leave, even if
				the employee makes no request for FMLA leave or does not want the leave to be
				counted as FMLA leave. When both spouses are employed by the state, they shall
				be limited to a combined total of 12 weeks of FMLA leave taken in accordance
				with paragraph
"a"
or
"c"
below. The hourly
				equivalent for part-time employees shall be prorated based upon the average
				number of hours worked during the previous 12 months. Leave may be for one or
				more of the following reasons:
a. The birth or
				placement with the employee of a son or daughter (biological child, adopted
				child, foster child, stepchild, legal ward or a child to whom the employee
				stands in loco parentis) for adoption or foster care provided the leave is
				taken within 12 months following any such birth, adoption or foster
				placement;
b. The care of a son or
				daughter under 18 years of age, or older if incapable of self-care because of a
				mental or physical disability, or spouse with a serious health
				condition;
c. The care of a parent
				or person who stood in loco parentis to the employee, with a serious health
				condition;
d. A serious health
				condition that makes an employee unable to work at all or perform any one of
				the essential functions of the employee's position within the meaning of the
				Americans with Disabilities Act (ADA), as amended,
				42 U.S.C. Section
				12101 et seq., and the regulations at
				29
				CFR Section
				1630.2(n).
e. A qualifying exigency, as defined in
				federal FMLA regulations, arising out of the fact that the employee's spouse,
				son, daughter or parent is a covered servicemember on covered active duty, or
				has been notified of an impending call or order to covered active duty, in a
				foreign country.
f. To care for a
				covered servicemember with a serious injury or illness if the employee is the
				spouse, son, daughter, parent or next of kin of the servicemember, pursuant to
				the FMLA regulations.