reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-013 - Catastrophic Illness Donation

Current through June 17, 2024
The provisions of this Section are non-grievable. Employees
				  may contribute accrued vacation leave to benefit another employee in the
				  Department who is personally experiencing a catastrophic illness. The recipient
				  must initiate a request by completing and signing a donation request form
				  provided by the Department. Leave will be donated in no less than four (4) hour
				  increments. The contributing employee must complete and sign a donation
				  authorization form provided by the Department and identify the number of hours
				  of vacation leave being donated and the recipient. Vacation leave donated to,
				  and used by, another employee pursuant to this provision cannot be returned to
				  the credit of the donor's vacation leave account. Catastrophic Leave will be
				  available only to employees who have exhausted their own paid leave through
				  bona fide serious illness or accident.
013.01
Recipient
				Eligibility
. In order to receive a leave donation employees must:
013.01A Be experiencing a serious illness or
				injury that requires a prolonged absence of at least thirty (30) consecutive
				calendar days during the past six (6) months;
013.01B Produce satisfactory medical
				verification of the requirements of Section 013.01A of this Chapter;
013.01C Have one (1) year of service to the
				Department;
013.01D Have exhausted
				all earned paid leave time including compensatory time, sick leave, and
				vacation leave through bona fide serious illness or accident; and
013.01E Not have offered anything of value in
				exchange for the donation.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-014 - Maternity Leave Donation (MLD) Program

Current through June 17, 2024
An employee may participate in the MLD program with the
				  approval of the Human Resources Office.
014.01
Eligibility of
				Recipient
. Employees must submit a written request on the form
				provided by the Human Resources Office and:
014.01A Be the expectant mother of a newborn
				baby or be the adoptive mother;
014.01B Have a Department-approved FML
				request;
014.01C Have exhausted all
				earned sick leave for eligible sick leave reasons; and
014.01D Have not offered anything of value in
				exchange for the donation.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-015 - Service Date Adjustments

Current through June 17, 2024
The employee's service date will be adjusted when an unpaid
				  absence exceeds fourteen (14) consecutive calendar days except when an employee
				  is still eligible for workers' compensation payments. The adjustment will
				  correspond to the number of days the employee is on unpaid
				  leave.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 10 - PERFORMACE APPRAISALS › Section 93-10-001 - Conducting Appraisals

Current through June 17, 2024
Employees will be appraised on their job performance at
				  regular intervals per Chapter 5, Section 006.03, of this
				  Title.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 10 - PERFORMACE APPRAISALS › Section 93-10-002 - Special Performance Appraisal

Current through June 17, 2024
A special performance appraisal may be submitted whenever the
				  supervisor desires to record instances of performance worthy of recognition,
				  either favorable or unfavorable. Reasons for submission of a special
				  performance appraisal will be explained in the comments section of the
				  appraisal.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 10 - PERFORMACE APPRAISALS › Section 93-10-003 - Rebuttal

Current through June 17, 2024
The employee may, within seven (7) calendar days of the
				  appraisal conference, make written comments within the employee signature area
				  or submit a separate written statement to the Human Resources Office that will
				  become a permanent part of the personnel file. No additional written
				  observation will be made on the appraisal after the appraisal conference has
				  been held without notification to the employee.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 10 - PERFORMACE APPRAISALS › Section 93-10-004 - Grievance

Current through June 17, 2024
Employees may not grieve the subjective content of a
				  performance appraisal under the provisions of Chapter 14 of this Title. They
				  may, however, grieve the validity of the appraisal as provided below:
004.01 A grievance may be filed if the
				evaluated employee can establish discrimination by reason of sex, race, color,
				age, national origin, marital status, religion, disability, or genetic
				information (as prohibited by the federal Genetic Information
				Non-discrimination Act [GINA] and Neb. Rev. Stat. §
									48-236); the evaluator provided
				false information on the appraisal instrument; or the evaluator was not in a
				direct supervisory or management position covering the daily work of the
				employee being evaluated. A supervisor's subjective assessment of a matter of
				performance is not false information for purposes of this subsection.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 11 - PERSONNEL FILE INFORMATION › Section 93-11-002 - Content

Current through June 17, 2024
Personnel records include all information stored in any form
				  by the Human Resources Office, which is personally identifiable with an
				  individual employee. The Department agrees to maintain one official Department
				  personnel file per individual for the provisions of this Chapter. The one
				  official Department personnel file will be maintained electronically by the
				  Human Resources Office. Copies of materials from the official personnel file on
				  an employee may be maintained at the work site of the particular
				  employee.
002.01
Public
				Information
. Public information contained in personnel records
				will consist only of the full name of the employee; the employee's job title
				and date(s) of employment; a statement as to whether the individual is or was
				an employee of the Department; the employee's work location and work phone
				number; and the gross salary of the employee. Public personnel information will
				be provided to any party requesting it. Additionally, pursuant to subdivision
				(18) of Neb. Rev. Stat. §
									84-712.05, all "job application
				materials," as defined in that subdivision, that are submitted by persons who
				are hired and become employees of the Department, are public records and are
				required to be provided upon proper request under the state public records
				laws.
002.02
Confidential Information
. Confidential information
				contained in personnel records will include all information that is not
				considered public information. Confidential information will be released only
				to the employee; the Board; any Department administrator or supervisor in the
				line of authority to the employee; staff from the Human Resources Office or the
				Legal Services Office; any governmental law enforcement, or investigative
				agency or representative upon presentation of proper identification to the
				Human Resources Office; a subpoena or court order; anyone who presents a
				document signed by the employee granting access to confidential information, or
				as reasonably needed for the Department to defend itself in any legal or
				administrative proceeding brought against the Department or any of its
				officials or employees in their professional capacities, or as reasonably
				needed by the Department to prosecute legal or administrative actions brought
				by the Department.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 11 - PERSONNEL FILE INFORMATION › Section 93-11-003 - Inspection and Copies

Current through June 17, 2024
An employee of the Department will be allowed to inspect
				  and/or obtain a copy of their own personnel file maintained by Human Resources
				  at any time during work hours. Upon an employee's specific request to the Human
				  Resources Office, the Human Resources Office will, within ten (10) workdays,
				  provide electronic access or copies of the specific
				  documents.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 11 - PERSONNEL FILE INFORMATION › Section 93-11-004 - Cost

Current through June 17, 2024
The cost of any copies of the files will be assumed by the
				  Department unless said copies are of material which had been previously
				  provided to the employee, in which case the cost of such copies will be
				  assessed to the employee at the rate per copy charged for public records per
				  the Department's administrative policies regarding public access to records and
				  reproduction costs.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 11 - PERSONNEL FILE INFORMATION › Section 93-11-005 - Notice

Current through June 17, 2024
Employees will be notified by the Department in writing
				  within ten (10) workdays of any information being placed in their personnel
				  file by persons other than the employee which information bears upon the
				  character of the employee or the employee's job performance. The Department
				  will be required to reproduce the information for the employee in accordance
				  with Section 003 of this Chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 11 - PERSONNEL FILE INFORMATION › Section 93-11-006 - Release of Information

Current through June 17, 2024
All third party inquiries requesting information regarding
				  the employment record of an employee will be directed to the Human Resources
				  Office. Upon receipt of a completed release of information form, the Human
				  Resources Office will provide the requested information. When the employee does
				  not specify on the release form the information to be disclosed, Human
				  Resources will disclose to the authorized third party the information described
				  in Neb. Rev. Stat. §
									48-201. When a request for other
				  than public information is received, and a completed release form is not on
				  file to allow release of the requested information, the Human Resources Office
				  will forward an Authorization for Release of Employment Records form to the
				  employee or the requestor. If no written authorization is received, the Human
				  Resources Office will release only public information. The release form will be
				  retained in the employee's personnel file. Documented employment information
				  from a current or former employee's personnel file will be shared with other
				  state agency human resources staff or hiring supervisors, upon request, when
				  the current or former employee has applied for a position in another
				  department/division/agency on the basis of the release on the state job
				  application.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 11 - PERSONNEL FILE INFORMATION › Section 93-11-007 - Medical Records

Current through June 17, 2024
Employee records of medical examination and other
				  miscellaneous medical records will be maintained electronically by Human
				  Resources separate from personnel file documents. Access to medical records
				  will be provided only to personnel who require them to carry out an assigned
				  responsibility.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 11 - PERSONNEL FILE INFORMATION › Section 93-11-008 - Post-employment

Current through June 17, 2024
This Chapter does not cover the inclusion of information in
				  any employee's personnel file following termination of the employee. Former
				  employees will have reasonable rights of access to their Department personnel
				  file, subject to the provisions in this Title.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 12 - LAYOFF, RECALL AND RESIGNATION › Section 93-12-001 - Effective

Current through June 17, 2024
A resignation is effective when accepted in writing or orally
				  by a supervisor or any member of the Human Resources Office or the Legal
				  Services Office.
001.01 Absent
				extenuating circumstances, an employee will be considered as abandoning his/her
				job if absent from their designated work site more than two (2) consecutive
				workdays without giving notice. Abandonment is considered a voluntary
				resignation.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 12 - LAYOFF, RECALL AND RESIGNATION › Section 93-12-002 - Payment for Vacation Leave

Current through June 17, 2024
Vacation leave not used prior to the last day of employment
				  will be paid to the employee in one lump sum, to be mailed to the employee
				  after termination except as provided in Chapter 9, Section 004.04, of this
				  Title.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 12 - LAYOFF, RECALL AND RESIGNATION › Section 93-12-003 - Determining Authority

Current through June 17, 2024
The Commissioner, after providing written notification to the
				  Board, may separate any employee without prejudice after thirty (30) calendar
				  days written notice, because of reduction in funds or in workload. The
				  Commissioner has discretion to determine whether the layoff will be
				  geographical, organizational, program, by classification, or any combination
				  thereof.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 12 - LAYOFF, RECALL AND RESIGNATION › Section 93-12-004 - Layoff General Rules

Current through June 17, 2024
When a layoff of employees occurs, the following
				  applies:
004.01 Layoffs will be
				identified by the budget and program areas within a specific locality. The
				Department will identify the job classification(s) for layoff to provide the
				most efficient and productive operation of the Department. Within the
				identified job classification(s), the order of layoff will be based on
				seniority (based on the Department service date or Department company service
				date as opposed to any adjusted service date that is calculated due to prior
				State service at another State Agency).
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 12 - LAYOFF, RECALL AND RESIGNATION › Section 93-12-005 - Transfer Rights - Vacant Positions

Current through June 17, 2024
Employees who have received written notice of layoff will
				  have the right to exercise transfer rights under this Section. If there is a
				  vacant position in the Department for which the employee satisfies the
				  qualification requirements as determined by the Department, the employee may
				  elect to transfer to such vacant position.
005.01 Within eight (8) calendar days of a
				laid off employee being provided such notice, the employee must notify the
				Department in writing of any intentions to transfer in accordance with this
				Section.
005.02 If more than one
				laid off employee elects to transfer into a vacant position, the selection will
				be made based on seniority.
005.03
				In determining the priority of transfers identified in this Section, transfers
				to vacant positions in the same geographical area (i.e., within sixty [60]
				miles) will be given priority over transfers to positions in a different
				geographical area.
005.04 An
				employee who transfers to another position in the same job classification will
				be transferred so as to effectuate no loss in pay.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 12 - LAYOFF, RECALL AND RESIGNATION › Section 93-12-006 - Recall and Re-employment

Current through June 17, 2024
This Section specifies how laid off employees will be either
				  recalled or given re-employment opportunities for vacancies created following a
				  layoff.
006.01
Recall to
				Previously Eliminated Position
. Following a layoff, when a
				previously eliminated position is restored, the employee occupying the position
				at the time of reduction in force will have recall priority subject to Sections
				006.02A through 006.02C of this Chapter. The recall salary will be based on the
				salary rate in effect at the time of layoff.
006.02
Recall to Vacancy in the
				Same Job Series
. Following a layoff, when a vacancy is created in
				the same job series, employees who satisfy the required qualifications as
				determined by the Department will be recalled in reverse order of a layoff or
				transfer in lieu of layoff as follows:
006.02A
				At the time the vacancy occurs, the Department will notify the first five (5)
				qualified employees in line for recall of the vacancy.
006.02B Such employee(s) will then have ten
				(10) workdays following date of notification to accept or refuse the recall by
				providing written notice to the Department. The recall vacancy will be offered
				to the employee with the most seniority who provides written acceptance within
				ten (10) workdays.
006.02C
Failure to Respond
. Employees who fail to respond by
				either accepting or refusing the recall vacancy on two (2) successive
				notifications will forfeit further recall rights.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 12 - LAYOFF, RECALL AND RESIGNATION › Section 93-12-007 - Time Period for Recall and Re-employment

Current through June 17, 2024
During the twelve (12) month period following layoff or
				  transfer in lieu of layoff of the employee, no new employees will be hired to
				  fill vacant positions until all employees on layoff or transfer in lieu of
				  layoff who desire to return to work and who are qualified for the vacant
				  position(s) have had the opportunity to be recalled or re-employed per Section
				  006 of this Chapter. It will be the responsibility of the employee who was laid
				  off or transferred in lieu of layoff to be available for recall or
				  re-employment during such time, and such employee will be responsible for
				  providing the Department with a current address. It will be the responsibility
				  of the employee who was laid off or transferred in lieu of layoff to update
				  and/or supplement the written documentation in their personnel file regarding
				  their employment qualifications so as to allow the Department to evaluate their
				  eligibility for recall or re-employment under Section 006 of this
				  Chapter.
007.01 During the twelve (12)
				month period, employees may waive their rights to receive recall and
				re-employment notice rights contained in this Chapter by providing a written
				statement to the Human Resources Office.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 12 - LAYOFF, RECALL AND RESIGNATION › Section 93-12-008 - Accumulated Leave Payoff

Current through June 17, 2024
Employees who are laid off will be paid at the time of layoff
				  for all accumulated and unused vacation leave, sick leave if eligible under
				  Chapter 9, Section 005.12A, of this Title, compensatory time, and overtime.
				  Statutory provisions for the retention of vacation and sick leave will not be
				  modified by this Chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 12 - LAYOFF, RECALL AND RESIGNATION › Section 93-12-009 - Notification

Current through June 17, 2024
"Notification," as used in this Chapter, means Certified Mail
				  to the employee's last known address, or personal delivery, or deposit at last
				  known residence. Notifications issued to an individual employed at the
				  Department may be made by e-mail or personal delivery to the employee's office.
				  In the event of personal delivery, a receipt acknowledging delivery will be
				  signed by the laid off employee.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 13 - CORRECTIVE AND DISCIPLINARY ACTIONS › Section 93-13-002 - Suspension With Pay

Current through June 17, 2024
A suspension with pay is an ordered absence from duty while
				  on full pay status for a prescribed period of time. A suspension with pay may
				  be ordered only upon approval of the Deputy Commissioner or the Commissioner.
				  This action allows for: an immediate response to a suspected but not fully
				  substantiated offense; a period in which an investigation can be thoroughly
				  pursued as expediently as possible; or for other reasons at the discretion of
				  the Deputy Commissioner or the Commissioner. Suspensions with pay are not
				  grievable.
002.01A The ordered
				suspension with pay will be in writing, signed by the Deputy Commissioner or
				the Commissioner, and will become part of the employee's official personnel
				file. If the employee is absent when a suspension with pay is ordered, the
				Deputy Commissioner or the Commissioner will direct written notice to the
				employee either by Certified Mail with instructions to "Deliver to Addressee
				Only, Return Receipt Requested," by personal delivery, or deposit to the
				employee's last known address, or via email to the employee's personal email
				address with agreement of the employee.
002.01B If a suspension with pay is ordered
				to allow for an investigation of a suspected offense, and if the offense is not
				substantiated, then the ordered suspension will be removed from the employee's
				personnel file.
002.01C In the
				absence of the Deputy Commissioner or the Commissioner, the appropriate Office
				Administrator may order an employee's suspension with pay for up to ten (10)
				calendar days. Upon the Deputy Commissioner's or the Commissioner's return, the
				Deputy Commissioner or the Commissioner will affirm or modify the suspension
				with pay within five (5) calendar days.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 13 - CORRECTIVE AND DISCIPLINARY ACTIONS › Section 93-13-004 - Forms of Discipline

Current through June 17, 2024
Four (4) forms of disciplinary action are available for
				  supervisory use by the Department. The seriousness and/or nature of the
				  situation will determine the form of discipline to be used. These are:
004.01
Suspension Without
				Pay
. A suspension without pay is an ordered suspension from duty
				for a prescribed period of time for which no pay, vacation, sick, or holiday
				leave is granted, nor is vacation, sick, or holiday leave accrued. A suspension
				without pay may be ordered only upon written approval of the Deputy
				Commissioner.
004.01A The length of the
				suspension will be determined by the Deputy Commissioner in view of the
				seriousness of the violation and/or continued violation after the employee has
				been duly warned.
004.01B An
				ordered suspension without pay will be in writing, signed by the Deputy
				Commissioner, and will become part of the employee's official personnel file.
				If the employee is absent when a suspension without pay is ordered, the Deputy
				Commissioner will direct written notice to that employee by one of the
				following methods: Certified Mail with instructions to "Deliver to Addressee
				Only, Return Receipt Requested;" personal delivery or deposit to the employee's
				last known address; or by email to the employee's personal email address with
				agreement of the employee.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 14 - GRIEVANCE PROCEDURE › Section 93-14-001 - Eligibility

Current through June 17, 2024
All regular employees have grievance rights. Applicants,
				  temporary employees, contract employees, and employees on original probation
				  have no grievance rights within this Chapter. An employee who has successfully
				  completed an original probation period will retain grievance rights during
				  subsequent probation periods per Chapter 5, Section 003, of this
				  Title.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 14 - GRIEVANCE PROCEDURE › Section 93-14-002 - Definition

Current through June 17, 2024
A grievance is defined as a contention of misapplication or
				  violation of any of the following: Department policies, rules or regulations
				  including these Personnel Rules, written administrative policies, other written
				  operating procedures, laws, or written instructions pertaining to
				  employees.
002.01
Effective Dates of Management Actions
. Filing of a
				grievance does not delay the effective date of any management action. In the
				event a suspension without pay or demotion is not supported through the
				grievance procedures, the employee will be returned to his or her position as
				though said suspension without pay or demotion had not taken place.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 14 - GRIEVANCE PROCEDURE › Section 93-14-003 - Non-Grievable Matters

Current through June 17, 2024
The following issues, when done in compliance with
				  established law, rule, or Department policy, are examples of non-grievable
				  matters. The list below is not to be considered all-inclusive:
003.01 Performance appraisals;
003.02 Department appointments, including
				promotions to positions;
003.03
				Involuntary transfers not requiring the employee to relocate;
003.04 Leave of absence decisions;
003.05 Payment of moving
				expenditures;
003.06 Merit increase
				allocations;
003.07 Position
				classification, including, but not limited to, reclassification per Chapter 6
				of this Title;
003.08 Investigatory
				suspensions with pay;
003.09 Pay
				adjustments pursuant to Chapter 7 of this Title;
003.10 Federal Fair Labor Standards Act
				(FLSA) status determinations;
003.11 Placement on suspension without pay or
				other action of the Commissioner following a decision recommending an
				employee's dismissal to the Board as described in Chapter 13, Section 004.04,
				of this Title;
003.12 Regardless of
				compliance with laws, rules, regulations, or Department policies, an employee
				may not grieve actions or inactions that were alleged to have been done to or
				concern another employee;
003.13
				Maternity Leave Donation Program participation; and
003.14 Corrective Action.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 14 - GRIEVANCE PROCEDURE › Section 93-14-004

Current through June 17, 2024
An employee may grieve layoffs (and/or transfer, recall and
				  re-employment rights) only on the grounds of unlawful discrimination or failure
				  to follow the provisions of the Personnel Rules in regard to the
				  layoff.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 14 - GRIEVANCE PROCEDURE › Section 93-14-006 - Grievance Procedure

Current through June 17, 2024
The employee maybe accompanied at any step of the grievance
				  procedure by a representative of the employee's selection. The Department may
				  also be accompanied by a representative at any step. A grievance form will be
				  provided by the Department and made available to each and every employee upon
				  request. This form is reproduced in Appendix A of this Title. No employee will
				  be denied the right to a grievance hearing by reason of the employee's failure
				  to properly fill out or fully complete the grievance form. However, a signed
				  grievance form must be utilized in order to file a grievance. The Grievance
				  Procedure will be as follows:
006.01
Step One
. Within fifteen (15) workdays of the
				employee's knowledge of the event or condition which caused the grievance, the
				grievant will present the completed grievance form to the Office Administrator.
				If an employee is placed on suspension with pay, the workdays within that
				period are not counted against the fifteen (15) workday time frame. Within
				fifteen (15) workdays after receiving the completed grievance form, the
				supervisor. Office Administrator, or designee if applicable, and grievant will
				meet to discuss the grievance and attempt to resolve the matter, and the Office
				Administrator will arrive at a response and communicate the same to the
				grievant in writing.
006.01A In cases of
				disciplinary demotion or disciplinary suspension without pay the grievant will
				proceed as specified in Step Three of this procedure by filing an appeal to the
				Board without having to convene the meeting described in Section 006.01 of this
				Chapter. The appeal to the Board referred to in Step Three below must be filed
				with the Commissioner, in writing on the appropriate form, within fifteen (15)
				workdays of the grievant's receipt of the Deputy Commissioner's suspension
				order or disciplinary demotion approval.
006.01B In cases of administrative probation,
				the grievant will submit the grievance to the Deputy Commissioner in writing on
				the appropriate form within fifteen (15) workdays of the date of the receipt of
				the notice described in Chapter 13, Section 004.03, of this Title without
				having to convene the meeting described in Step One. The Deputy Commissioner
				will give a written answer within fifteen (15) workdays of receipt of the
				grievance. If a resolution to the grievance is not reached, the employee may
				proceed as specified in Step Four of this procedure within fifteen (15)
				workdays of the receipt of the Deputy Commissioner's
				answer.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 14 - GRIEVANCE PROCEDURE › Section 93-14-008 - Number of Days

Current through June 17, 2024
The number of days indicated in each step of the procedure
				  will be the maximum. Failure of the grievant to proceed to the next step within
				  the maximum time limit will be considered as termination of the grievance.
				  Failure of the Department in any step to render a decision to the aggrieved
				  employee(s) within the maximum time limits will automatically allow the
				  aggrieved employee(s) to proceed to the next step.
"Days" will mean regularly scheduled workdays when the
				  Nebraska Department of Education Office Building offices are open, excluding,
				  however, such regularly scheduled workdays during which employees involved in
				  the procedure are absent from the work site on approved leave or travel status.
				  For all employees who are permanently located at work sites other than 500
				  South 84th Street, Lincoln, Nebraska, days as
				  defined above will be counted from the date of receipt. The day in which an
				  item is received is not counted as a day for the receiving party.
Any time period established herein may be extended upon the
				  written consent of the employee and the Deputy Commissioner.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 14 - GRIEVANCE PROCEDURE › Section 93-14-009 - Grievance Statement

Current through June 17, 2024
The original Employee Grievance Statement will remain
				  unchanged throughout the grievance procedure. Copies of the grievance statement
				  and response at each step will be filed with the Human Resources Office by the
				  grievant.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-002 - Drug-Free Workplace

Current through June 17, 2024
The unlawful manufacture, distribution, possession, or use of
				  any illicit drugs or of alcohol is prohibited in the workplace. Employees who
				  violate the standards of conduct are subject to referral for
				  prosecution.
002.01 Employees, who are
				convicted of a criminal-drug-statute violation occurring in the workplace, will
				be subject to disciplinary action up to and including termination; or will be
				required to satisfactorily participate in an approved drug/alcohol abuse or
				drug/alcohol rehabilitation program approved for such purposes by a federal,
				state, or local health law enforcement or other appropriate agency.
002.02 Temporary employees or contractors who
				are convicted of a criminal-drug-statute violation occurring in the workplace
				will be subject to termination of employment/contract; or will be required to
				participate satisfactorily in an approved drug/alcohol abuse or drug/alcohol
				rehabilitation program.
002.03
				Conviction for any criminal-drug-statute violation occurring in the workplace
				must be reported by the employee or contractor to the Human Resources Office no
				later than five (5) calendar days after the conviction.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-003 - Discrimination

Current through June 17, 2024
Unlawful workplace discrimination (harassment), based in
				  whole or in part on sex, race, color, religion, marital status, national
				  origin, age, disability, protected activity (such as an employee's opposition
				  to discrimination or participation in complaint proceedings), or genetic
				  information (as prohibited by the federal Genetic Information
				  Non-discrimination Act [GINA] and Neb. Rev. Stat. §
									48-236); constitutes unlawful
				  workplace discrimination (harassment). Employees who commit unlawful workplace
				  discrimination (harassment) while performing duties for the Department may be
				  subject to disciplinary action, up to and including dismissal from employment.
				  Employees who make complaints or assist in investigations of unlawful workplace
				  discrimination (harassment) will be protected against retaliation. Reports of
				  alleged unlawful discrimination will be made to a staff member of the Human
				  Resources Office, or any NDE Office Administrator. Employees covered by the
				  Agreement may utilize grievance procedures contained in the Agreement, and
				  employees not covered by the Agreement may utilize the grievance procedures
				  contained in Chapter 14 of this Title.
003.01
Sexual
				Harassment
. Unwelcome sexual advances, requests for sexual favors,
				and other verbal or physical conduct of a sexual nature constitute sexual
				harassment when:
003.01A Submission to such
				conduct is made either explicitly or implicitly a term or condition of an
				individual's employment;
003.01B
				Submission to or rejection of such conduct by an individual is used as the
				basis for employment decisions affecting such individual; or
003.01C Such conduct has the purpose or
				effect of unreasonably interfering with an individual's work performance or
				creating an intimidating, hostile, or offensive working environment.
003.01D Sexual harassment does not include
				personal compliments welcomed by the recipient or social interaction, or
				relationships freely entered into by employees or prospective
				employees.
003.01E
Behavior Constituting Sexual Harassment
. In
				determining whether alleged conduct constitutes sexual harassment, the
				Department will look at the record as a whole and at the totality of the
				circumstances, such as the nature of the sexual behavior and the context in
				which the behavior occurred. The determination of the legality of a particular
				action will be made from the facts on a case-by-case basis. Sexual harassment
				will not be permitted during the workday, nor will acts of sexual harassment be
				condoned outside the work environment if such are construed to encroach on the
				normal working relationship.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-004 - Political Activities

Current through June 17, 2024
Unless specifically restricted by federal or state law,
				  employees may participate in political activities except during office hours or
				  when otherwise engaged in the performance of their official duties. Employees
				  may not, however, participate in political activity using their status as a
				  state employee to influence others.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-005 - Nepotism and Supervision of Family Members

Current through June 17, 2024
Employees will not engage in nepotism. Nepotism means the act
				  of hiring, promoting, or advancing a family member in state government or
				  recommending the hiring, promotion, or advancement of a family member in state
				  government. This includes within the Department and with other State Agencies.
				  "Family Member" means an individual who is the spouse, child, parent, brother,
				  sister, grandchild, or grandparent, by blood, marriage, or adoption, of an
				  official or employee of the Department. Employees will not be assigned to
				  positions in which they directly supervise, evaluate, or review the appraisal
				  of a family member or to positions in which they are directly supervised,
				  evaluated, or reviewed by a family member.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-007 - Solicitation Policy

Current through June 17, 2024
Soliciting employees during work hours is not
				  authorized.
007.01 Vendors offering
				non-work-related products for sale to employees are not authorized to contact
				employees during the employee's duty hours or to sell, promote, or distribute
				information on state property.
007.02 Employees who sell products for a
				secondary income may only contact other employees during non-duty
				hours.
007.03 Employees located at
				all other work sites may, upon the approval of the local administrator, post
				information on products for sale, and non-duty contact times in locations
				provided for that purpose.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-008 - Workers' Compensation

Current through June 17, 2024
All injuries, no matter how slight, occurring in the course
				  of employment, are to be reported immediately to the supervisor and the Human
				  Resources Office. An Employee Report of Alleged Occupational Injury Form
				  (available from the Human Resources Office) must be completed and forwarded to
				  the Human Resources Office by the employee as soon as possible. In the event
				  the employee is incapable of completing and signing the report, the employee's
				  immediate supervisor will complete the report to the best of his/her knowledge.
				  The Employee Report of Alleged Occupational Injury will be completed and signed
				  by the employee at the earliest possible date.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-009 - Usage of State Telephone/Telecommunications Resources

Current through June 17, 2024
Employees should exercise professional judgment in their use
				  of business phones. The State telephone network is provided for official State
				  business only. Long distance personal calls are not authorized and must be
				  charged to one's resident telephone or personal credit card. Such calls may
				  also be placed from a toll phone.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-010 - Nonexempt Employee Travel Time

Current through June 17, 2024
Required travel time for nonexempt employees will be
				  considered work time per the requirements as set forth in the federal Fair
				  Labor Standards Act ( 29 CFR Part 785 ).
010.01 Under this federal regulation, the
				Department does not consider time spent in overnight travel away from home
				outside of regular working hours as a passenger on an airplane, train, boat,
				bus, or automobile to be "work time."
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-011 - Personal Vehicles

Current through June 17, 2024
When reasonably requested by the Department, or when
				  requested by the employee and approved by the Department, employees may use
				  their own automobile for work-related travel at a rate of reimbursement per the
				  Department's policies regarding employee expense
				  reimbursement.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-012 - Lodging and Meal Reimbursement

Current through June 17, 2024
The Department will reimburse lodging and meal expenses per
				  the Department's policies regarding employee expense
				  reimbursement.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-013 - Lodging Arrangements

Current through June 17, 2024
Single occupancy lodging will be made available to any
				  employee traveling on Department business unless the employee: waives the
				  option, prefers multiple accommodation lodging, or lodging availability in the
				  town precludes single occupancy.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-014 - Transportation

Current through June 17, 2024
Employees including full-time, part-time, contract,
				  temporary, and fixed-term, as defined in Chapter 4 of this Title, may be
				  authorized to use a State vehicle on official State business. State vehicles
				  are not to be used for personal use.
014.01
Valid Driver's License
				Requirement
. All persons who operate State or personal vehicles
				while on Department business are required to have a valid driver's license and
				to successfully complete a defensive driving course as offered by the State.
				Should persons who drive on Department business have their driver's license
				revoked or suspended for any reason, the employee must report such revocation
				or suspension to their immediate supervisor.
014.02
Supervisor
				Responsibility
. It will be the responsibility of the Office
				Administrator to ascertain that each person who drives on Department business
				possess a current valid driver's license and has satisfactorily completed a
				Defensive Driving Course, as prescribed. This responsibility may be delegated
				to the section head or person in a division who has the responsibility to
				authorize/permit use of a vehicle on Department business.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-015 - Employment Outside of Working Hours

Current through June 17, 2024
Employees may engage in employment outside of working hours
				  in a private business interest. Such employment outside of Department work or
				  in a private business interest will not interfere with the efficient
				  performance of duties or conflict with the interests of the Department of
				  Education or with State statutes. The Department may require disclosure of
				  outside employment.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-016 - Moving Expense Reimbursement

Current through June 17, 2024
Employees who are involuntarily relocated to another
				  geographical location for the benefit of the Department, and newly hired
				  employees, excluding temporary employees, may be reimbursed for certain
				  ordinary, necessary, and reasonable moving expenses subject to the requirements
				  of the Department of Administrative Services Accounting Manual and the prior
				  written approval of the Commissioner. Reimbursement must be submitted to the
				  Department's Accounting Section within sixty (60) days of the final day on
				  which the expenses were incurred in accordance with Neb. Rev. Stat. §
									81-1174 and Department
				  procedures.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-017 - Severability

Current through June 17, 2024
If any section or portion of the Chapters in this Title, or
				  the applicability thereof, to any person or circumstance is held to be invalid
				  by a court, the remainder of these Chapters will not be affected
				  thereby.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-018 - Recognition Programs

Current through June 17, 2024
The Commissioner may implement an Employee Recognition
				  Program, which may include items such as
				  Employee-of-the-Year/Manager-of-the-Year meals; framed certificates; clocks;
				  bookends; platters; desk accessories; pens; letter openers; gift certificates;
				  food and refreshments; trophies; shirts; plaques, pins, and/or monetary
				  recognition.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 15 - MISCELLANEOUS › Section 93-15-019 - Business Attire

Current through June 17, 2024
All employees are expected to dress in attire that is
				  appropriate for conducting his or her work responsibilities. Office
				  Administrators and supervisors may identify specific attire requirements
				  depending on the nature of the employee's work.