reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 3 - DEFINITIONS › Section 93-3-045 - Transfer of Employee

Current through June 17, 2024
Transfer of Employee
means the
				  movement of an employee from one (1) position to another position within the
				  Department. A transfer action does not require termination of the
				  employee.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 3 - DEFINITIONS › Section 93-3-046 - Treatment

Current through June 17, 2024
Treatment
means the provision of
				  medical, dental or psychological services or procedures performed (including
				  surgery) on the employee or immediate family member by treating professionals
				  or their staff. "Treatment" for purposes of sick leave does not include
				  participating in activities that are, as determined by the Department,
				  primarily considered recreational activities and engaged in frequently by
				  persons who are not ill or suffering from a medical, dental or psychological
				  condition or disability, even when such activity is beneficial to the
				  employee's physical or mental health (i.e., trips to a destination to relax or
				  relieve stress, running in marathons, etc.).
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 4 - EMPLOYEE SELECTION › Section 93-4-001 - Hiring Process

Current through June 17, 2024
The Board, upon the recommendation of the Commissioner, has
				  the final hiring authority for all newly created professional positions,
				  including any Deputy Commissioner. Selection of other staff will be at the
				  discretion of the Commissioner who will have the final hiring
				  authority.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 4 - EMPLOYEE SELECTION › Section 93-4-002 - Employment Categories

Current through June 17, 2024
002.01
Full-Time
. Full-time employees are required to work,
				as a minimum, forty (40) hours per week on a permanent, ongoing
				basis.
002.02
Part-Time
. Part-time regular employees are required to
				work fewer hours than full-time employees on a permanent, ongoing basis. Work
				schedules may fluctuate by week, month, or season. Part-time employees earn
				benefits on a prorated basis. To be eligible for insurance benefits, employees
				must be hired to work at least half-time (20 hours per week).
002.03
Temporary
				Employee
. Temporary employees are those employees hired through a
				temporary agency or via contract for a limited period of time to perform
				requested job duties on either a full-time or part-time schedule. Temporary
				employees may be separated, at any time, without notice or grievance rights.
				Temporary employees do not receive benefits except as provided by Neb. Rev.
				Stat. §
									84-1601 et seq. A temporary
				position may be a full-time or part-time position. Employment in a temporary
				position will not count toward a Department service date or original
				probationary period.
002.04
Fixed-Term
. A fixed-term employee is an employee hired
				in a fixed-term position. A fixed-term position is a position which, due to the
				funding source, has a predetermined duration of employment which is designated
				at the time of hire subject to the continuation and availability of funding.
				Fixed-term positions may be worked on a full-time or part-time schedule and are
				subject to all the provisions of these Personnel Rules except the provisions of
				Chapter 12, Sections 003 through 009, of this Title.
002.05
Contract
				Employee
. Contract employee means an individual with whom the
				Department has entered into a contract under the Department's policies
				regarding contracting, which creates an employer-employee relationship. Terms
				of the employment are governed by the contract. Contract employees do not
				receive benefits except as provided by Neb. Rev. Stat. §
									84-1601 et seq. Contract employees
				do not have grievance rights.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 4 - EMPLOYEE SELECTION › Section 93-4-003 - Service Date

Current through June 17, 2024
The continuous service date must be adjusted to reflect
				  suspensions without pay, or periods of unpaid leave which exceed fourteen (14)
				  calendar days (except military leave). Promotion, demotion, and transfer of
				  employees will not change the employee's service date.
Employees who left State service for other than disciplinary
				  reasons and return after July 1, 2001, following a break in services of less
				  than five (5) years, are given credit for previous State service by having
				  their service date reinstated minus the amount of time
				  absent.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 4 - EMPLOYEE SELECTION › Section 93-4-004 - Equal Opportunity Employment and Nondiscrimination

Current through June 17, 2024
The Department prohibits the following employment practices,
				  which are unlawful under Neb. Rev. Stat. §§
									48-1001 and
				  48-1104:
004.01 To fail or refuse to hire, to
				discharge or to harass any individual, or otherwise to discriminate against any
				individual with respect to compensation, terms, conditions, or privileges of
				employment, because of such individual's age, race, color, religion, sex,
				disability, marital status, national origin, or genetic information (as
				prohibited by the federal Genetic Information Non-discrimination Act [GINA] and
				Neb. Rev. Stat. §
									48-236); or
004.02 To limit, advertise, solicit,
				segregate, or classify employees in any way which would deprive or tend to
				deprive any individual of employment opportunities or otherwise adversely
				affect such individual's status as an employee, because of such individual's
				age, race, color, religion, sex, disability, marital status, or national
				origin; or
004.03 To refuse to
				hire, to discharge, or otherwise to discriminate against any individual with
				respect to terms, conditions, or privileges of employment, otherwise lawful,
				because of such individual's age, when the reasonable demands of the position
				do not require such an age distinction; or
004.04 To willfully utilize in the hiring or
				recruitment of individuals for employment otherwise lawful, any employment
				agency, placement service, training school or center, labor organization, or
				any other source which so discriminates against such individuals because of
				their age.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 4 - EMPLOYEE SELECTION › Section 93-4-005 - ADA Compliance

Current through June 17, 2024
It is the policy and practice of the Department to comply
				  with the federal Americans with Disabilities Act (ADA) and to ensure equal
				  opportunity in employment for all qualified persons with disabilities. The
				  Department is committed to ensuring that there is no discrimination in any
				  terms, conditions, or privileges of employment. Reasonable accommodation is
				  available to all employees and applicants. Requests for reasonable
				  accommodations must be forwarded to the Human Resources
				  Office.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 5 - PROBATIONARY PERIODS › Section 93-5-001 - Period of Time

Current through June 17, 2024
Each employee serves an appropriate probationary period based
				  on the job classification occupied. The probationary period for new or revised
				  classifications created after the effective date of this Title will be
				  determined by the Department per the provisions of Chapter 2, Section 002.01,
				  and Chapter 6, Section 001.
001.01
Six-Month Probationary Periods
. Employees occupying
				the following jobs (including various levels within the job family), or
				successor job titles, serve a probationary period of six (6) months:
Administrative Associate
IT Infrastructure Support Technician
IT Help Desk Specialist
Office Associate
Office Associate Executive
Paralegal
Program Associate
VR Associate
001.02
Twelve-Month Probationary
				Periods
. Employees occupying the following jobs (including various
				levels within the job family), or successor job titles, serve a probationary
				period of twelve months:
Administrative Specialist
Administrator
Deputy Commissioner
Disability Adjudicator
Disability Determination Services Hearing Officer
Education Specialist
General Counsel
IT Administrator
IT Applications Developer
IT Data/Database Analyst
IT Infrastructure Support Analyst
IT Help Desk Specialist
IT Manager
IT Supervisor
Legal Counsel
Officer
Program Specialist
Project Manager
Psychometrician
Statistical Research Specialist
VR Service Specialist
VR Rehabilitation Specialist
VR Office Director
VR Program Director
Web Developer
001.03
Extensions
.
				Employees with original probationary periods of six (6) months may be extended
				by up to six (6) months not to exceed a total of twelve (12) months upon
				written notification to the affected employee, which includes reasons for such
				extension. Employees with original probationary periods of twelve (12) months
				maybe extended by up to six (6) months not to exceed a total of eighteen (18)
				months upon written notification to the affected employee, which includes
				reasons for such extension. Secondary probation periods may not be
				extended.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 5 - PROBATIONARY PERIODS › Section 93-5-002 - Change of Position During Probationary Period

Current through June 17, 2024
Employees who move to another position during their original
				  probationary period are required to serve a complete new probationary period in
				  the new position and will not be credited with probationary service completed
				  in the previous position. However, employees who move to positions that are
				  under the same Office Administrator, and are of the same pay grade, will be
				  credited with all probationary service in the previous
				  position.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 5 - PROBATIONARY PERIODS › Section 93-5-003 - Secondary Probationary Periods

Current through June 17, 2024
Employees who have previously completed an original
				  probationary period in their current position, and accept a new position, or
				  who are demoted as the result of a disciplinary demotion, will be placed on a
				  secondary probation for a period of time as set forth in Sections 001 and 002
				  of this Chapter to determine his/her ability to perform the job. The supervisor
				  and appropriate Office Administrator may request approval from the Human
				  Resource Office to waive or end the secondary probationary period early. If the
				  employee is, in the opinion of the Department, not performing satisfactorily in
				  the new position during the secondary probationary period, the employee maybe
				  reverted to the employee's previous position and pay rate (secondary probation
				  following promotions only) or may be placed in a vacant position of a similar
				  classification with the same pay rate as the employee received prior to the new
				  position. If no such vacancy is available, the Department may place the
				  employee in a vacant position in a lower classification according to the
				  provisions in Chapter 6, Section 004, of this Title, or may terminate the
				  employee in the manner described in Chapter 5 of this Title. Notice of such
				  change in position must be provided to the employee within the secondary
				  probation period and the change effective within thirty (30) calendar days of
				  the end of the secondary probation period. The Department is not required to
				  utilize the disciplinary process to revert an employee back to the employee's
				  former position or a vacant position in the same geographical area (thirty [30]
				  miles from the current work site) equivalent to the former position's pay
				  grade. Any of the Department action described above are grievable only if and
				  to the extent that the employee is alleging that (i) such action was based upon
				  unlawful discrimination by reason of sex, race, color, age, national origin,
				  marital status, religion, disability, or genetic information; or (ii) their
				  previous position was vacant and available or a vacant position of similar job
				  level was available but they were not placed in such a position. The Department
				  will document efforts to provide the promoted employee with performance
				  improvement counseling when utilizing this provision.
003.01 During the secondary probationary
				period for the new position, probationary performance appraisals may be
				conducted according to the schedule as set forth in Section 006 of this
				Chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 5 - PROBATIONARY PERIODS › Section 93-5-004

Current through June 17, 2024
Employees on a part-time schedule may have their probationary
				  period extended according to the provisions in this Chapter in order for the
				  supervisor to have additional opportunities to observe the employee.
				  Probationary periods may also be extended to allow for adequate observation
				  opportunities in cases where employees have been absent for significant periods
				  of time.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 5 - PROBATIONARY PERIODS › Section 93-5-005 - Termination of Employment

Current through June 17, 2024
Employees serving an original probationary period may, upon
				  the recommendation of the immediate supervisor, and with the approval of the
				  appropriate Office Administrator, be terminated without cause or recourse under
				  the rules of Title 93 at any time during the probationary period.
005.01 If at any time during the original
				probationary period it is determined that the services of the employee have not
				been acceptable, or if the employee does not successfully pass applicable
				background screens, the appropriate Office Administrator and supervisor will
				notify the employee in writing of the date services are to be terminated. There
				is no recourse for such terminations under this Title.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 5 - PROBATIONARY PERIODS › Section 93-5-006 - Appraisal Schedule

Current through June 17, 2024
Written performance appraisals will be prepared at prescribed
				  intervals during the probationary period and annually thereafter as described
				  in Section 006.03 of this Chapter. The absence of any required appraisals does
				  not prohibit nor delay the ending of a successful probationary period and the
				  establishment of a regular appointment. If a performance appraisal was not
				  completed during the previous twelve (12) months, an employee's performance
				  will be considered as meeting expectations for salary purposes until such time
				  as a performance appraisal is completed. Employees will be provided with either
				  electronic access to, or a paper or electronic copy of, the completed
				  performance appraisal. Supervisors will hold performance planning sessions,
				  communicate performance expectations, and provide performance feedback outside
				  of the formal appraisal conferences.
006.01 Six-Month Probationary Period. For
				employees with a six-month probationary period the following schedule of
				appraisals will be maintained:
006.01A Prior
				to the end of the 6th month of employment; and
006.01B Additional appraisals may be
				scheduled at the discretion of the employee's supervisor.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 5 - PROBATIONARY PERIODS › Section 93-5-007 - End of Probation

Current through June 17, 2024
If the supervisor determined that the services of an employee
				  have been acceptable, the employee will move from probationary to regular
				  employee status. An employee will move to regular employee status on the day
				  following the day ending the probationary period, unless notice of extension
				  has been given to the employee in writing prior to such time. In the event of
				  an extension of the original probationary period, an employee will move to
				  regular employee status on the day following the day ending the extension of
				  the original probationary period.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 6 - JOB CLASSIFICATION PLAN › Section 93-6-001 - General

Current through June 17, 2024
The Human Resources Office will maintain a master set of all
				  job specifications used by the Department, which will be available on the
				  Department's intranet website.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 6 - JOB CLASSIFICATION PLAN › Section 93-6-003 - Reclassifications

Current through June 17, 2024
In situations where the employee's job duties have changed
				  significantly, the employee may be reclassified to a new job classification at
				  a higher pay grade as a result of the job classification review process.
003.01 An employee who is reclassified to
				another job classification at a higher pay grade will be placed in the new job
				classification on the same numbered step that they were placed in their
				previous job classification.
003.01A The
				appropriate Office Administrator may request approval from the Deputy
				Commissioner to award a salary increase greater than would be provided by
				Section 003.01 of this Chapter. The Deputy Commissioner's decision will be
				final.
003.01B The appropriate
				Office Administrator may request approval from the Deputy Commissioner to award
				a salary increase less than would be provided by Section 003.01 of this Chapter
				if the employee has already received an increase for the same duties which
				resulted in the reclassification.
003.01C An employee's job classification
				modified by Human Resources outside of the Job Classification Review Process is
				not subject to the salary increases in Section 003 of this Chapter.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 6 - JOB CLASSIFICATION PLAN › Section 93-6-004 - Demotions

Current through June 17, 2024
An employee may receive a disciplinary demotion per Chapter
				  13, Section 004.02, of this Title or be demoted due to unsatisfactory
				  performance during a secondary probation period per Chapter 5, Section 003. In
				  cases in which the employee accepts a demotion to avoid being laid off,
				  voluntarily requests a demotion, or is reclassified to a lower pay grade, a
				  non-disciplinary demotion may result. The employee will have the right to elect
				  demotion as an alternative to a layoff. The right to elect will be granted to
				  employees in accordance with provisions of Chapter 12 of this Title.
004.01 In all cases involving demotion, the
				employee must meet the requirements of the position to which he/she is demoted,
				and except as provided in layoff procedure, no employees in a lower level
				position will be laid off by reason of a demotion action involving another
				employee.
004.02 An employee who is
				demoted, either voluntarily or involuntarily, from a higher pay grade to a
				lower pay grade, will be placed in the new job classification on the same
				numbered step that they were placed in their previous job classification.
004.02A The appropriate Office Administrator
				may recommend to the Deputy Commissioner a salary decrease less than would be
				provided by this Section. The Deputy Commissioner's decision will be
				final.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 6 - JOB CLASSIFICATION PLAN › Section 93-6-005 - Salary for Vacant Position

Current through June 17, 2024
Employees who apply for and are selected as the successful
				  applicant to fill a vacant job opening that was posted, will be subject to the
				  same salary range that was identified on the posting for all applicants.
				  Employees are not entitled to retain their current salary level if they accept
				  the offer to fill the vacancy. The salary provisions contained in Section 003
				  and Section 004 of this Chapter do not apply to such a situation.
005.01 The Commissioner or the Deputy
				Commissioner may authorize a higher salary than was identified in the posting
				in cases where it is determined that the current Department employee selected
				possesses superior or unique experience or qualifications that will provide
				added benefit to the Department in the job.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 6 - JOB CLASSIFICATION PLAN › Section 93-6-006 - Loss in Pay

Current through June 17, 2024
No employee will, as a result of Department action, suffer a
				  loss of pay through a promotion or transfer to a position of the same job
				  classification or through an involuntary, non-disciplinary transfer to a
				  different job classification in the same pay grade. This provision will not
				  apply in layoff situations.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 6 - JOB CLASSIFICATION PLAN › Section 93-6-008 - Pay During Temporary Transfer

Current through June 17, 2024
When an employee performs the duties of a position in a
				  higher pay grade than the job classification pay grade currently held by the
				  employee, the employee will receive a temporary pay increase to the minimum
				  salary of the higher pay grade or an increase in accordance with Section 003.01
				  of this Chapter, whichever is higher, but in no case will the employee receive
				  a pay reduction. Such temporary pay increase will apply only when the employee
				  has been requested to perform the duties of someone at a higher pay grade, and
				  when the period of time in which the employee is performing the duties exceeds
				  ten (10) workdays.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 7 - SALARY ADMINISTRATION › Section 93-7-001 - Pay Plan

Current through June 17, 2024
Employees are placed in an assigned position and pay grade of
				  a job classification and pay plan approved by the Commissioner. The pay plan
				  may provide scheduled salary increases, including, but not limited to, annual
				  salary adjustment increases.
001.01
Horizontal Movement
. The Deputy Commissioner may
				distribute salary increases to employees who meet established criteria as
				necessary to address internal/external inequities and recognize noteworthy
				performance. The salary increases will be included in the employee's regular
				rate of pay and base salary.
001.02
Merit Stipends
. Upon receiving a recommendation from
				the appropriate Office Administrator, the Deputy Commissioner may distribute
				merit stipends to recognize employees, with at least two (2) years of service
				with the Department, who have demonstrated exemplary performance or who have
				completed temporary assignments that required time, skill, and effort beyond
				the normal scope of the employee's position. The stipend will be a one-time
				payment, above and beyond the regular rate of pay. The stipend will not become
				part of the employee's base salary.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 7 - SALARY ADMINISTRATION › Section 93-7-002

Current through June 17, 2024
An employee who, on the effective date of a scheduled pay
				  increase, is under suspension with pay, suspension without pay, or
				  administrative probation, will not be provided the pay increase until the
				  employee satisfactorily completes the disciplinary action except that no
				  employee will be paid less than the hiring rate of pay established for the
				  employee's pay grade in effect on the effective date of the last pay
				  increase.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 7 - SALARY ADMINISTRATION › Section 93-7-003

Current through June 17, 2024
If a suspension is for investigative purposes and the
				  employee is subsequently determined not to be subject to disciplinary action,
				  the employee will be entitled to the appropriate pay rate increases retroactive
				  to the date the pay rate increases would have been granted had not the
				  suspension been in effect.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 7 - SALARY ADMINISTRATION › Section 93-7-004 - Release of Payroll/Expense Warrants

Current through June 17, 2024
Payroll and expense warrants will be released to employees
				  named on the warrant or to the person designated by the employee in writing. In
				  case of employee illness or injury, warrants may be released to immediate
				  relatives who do not have a note of authorization but have proof of
				  identification. Immediate relatives are: spouse; children including step,
				  adopted, and foster children; parents; and, parents of the
				  spouse.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 8 - OVERTIME › Section 93-8-001 - Exempt and Nonexempt Defined

Current through June 17, 2024
001.01 Exempt
				employees means employees who, by virtue of their primary duties and
				responsibilities, are professional, executive and/or administrative under the
				provisions of the federal Fair Labor Standards Act (FLSA) and are thereby
				exempt from overtime compensation payment and/or time off in lieu of such
				payment.
001.02 Nonexempt employees
				means employees who are eligible to receive compensatory payment or time off
				for overtime.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 8 - OVERTIME › Section 93-8-002 - FLSA Status Determination

Current through June 17, 2024
The Human Resources Office determines the federal Fair Labor
				  Standards Act (exempt or nonexempt) status of each existing, new, or
				  restructured position.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 8 - OVERTIME › Section 93-8-003 - Overtime Approval

Current through June 17, 2024
For all employees other than those in the Disability
				  Determination Services (DDS), no overtime will be worked by nonexempt employees
				  without the prior approval in writing by the immediate supervisor and the
				  appropriate Office Administrator. No overtime is to be worked by a nonexempt
				  DDS employee unless authorized by the Social Security Administration and
				  approved by the DDS Office Administrator.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 8 - OVERTIME › Section 93-8-004 - Overtime Compensation Options for Nonexempt Employees

Current through June 17, 2024
Nonexempt employees, who accumulate more than forty (40)
				  hours of compensable work time in a work week, will be eligible for overtime
				  compensation. The method of compensation will be at the discretion of the
				  appropriate Office Administrator and the immediate supervisor. The two (2)
				  options for such compensation are:
004.01 Payment of a sum equivalent to one and
				one-half (1-1/2) times the hourly rate of pay for time actually worked in
				excess of forty (40) hours. Payment for overtime hours will be calculated at
				the hourly rate that was in effect for overtime at the time excess hours were
				actually worked.
004.01A The hourly rate of
				pay will be computed by dividing the annual rate of pay by the number of hours
				the employee is normally responsible for per year. Such payment will be made at
				the end of the pay period in which it was earned, if administratively feasible,
				or at the end of the following pay period.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 8 - OVERTIME › Section 93-8-005 - Exempt Employees

Current through June 17, 2024
005.01
Schedule Deviation
. Exempt employees who, in
				fulfilling their job responsibilities (which may include travel time) extend
				their accountable work hours beyond the expected eight (8) hour workday or
				approved work schedule, may deviate from their usual work hours upon advance
				approval and agreement between the employee and immediate supervisor as to the
				number of hours of deviation and when the schedule deviation will take place.
				Schedule deviation is defined as an adjustment of work hours or length of the
				workday.
005.02 Hours worked on a
				holiday by an exempt employee will be compensated at straight time.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 8 - OVERTIME › Section 93-8-006 - Nonexempt Employees - Overtime Calculation

Current through June 17, 2024
006.01 Overtime
				will include all compensable work time in excess of forty (40) hours either at
				time and one-half (1-1/2) or at straight time.
006.02 Holidays will be considered as work
				hours for overtime purposes. Hours worked by an overtime-eligible employee on a
				holiday will be compensated at one and one-half (1-1/2) times the employee's
				normal hourly rate of pay. All hours worked on a holiday in excess of the
				employee's normally scheduled workday will be compensated at two (2) times the
				employee's normal hourly rate of pay.
006.03 Paid leave (e.g., sick, vacation,
				bereavement) will not be considered as work hours for overtime
				purposes.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-001

Current through June 17, 2024
The following provisions apply to paid and unpaid
				  leave:
001.01
Unauthorized
				Leave
. An absence by an employee which does not meet the
				requirements specified in this Chapter and is not authorized by the employee's
				supervisor will be considered as unauthorized leave. Unauthorized leave may be
				grounds for corrective or disciplinary action under the provisions of Chapter
				13 of this Title.
001.02
Authorized Leave
. An absence by an employee which
				meets the requirements specified in this Chapter and that is authorized by the
				employee's supervisor will be considered as authorized leave.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-002 - Continuous/Company Service Date Adjustments

Current through June 17, 2024
Employees returning to work on or after July 1, 2001, after a
				  break in service of less than five (5) calendar years, will have their
				  accumulated unpaid sick leave balance reinstated. The employee's service
				  date(s) will be adjusted for the period of absence. The employee's vacation and
				  sick leave earning rate will also be adjusted, and the new rate of earning will
				  be based on the adjusted service date(s). Employees returning to work after a
				  break in service of more than five (5) calendar years will start with a zero
				  (0) sick and vacation leave balance, will be considered to be new employees for
				  service date purposes, and will earn vacation and sick leave at the beginning
				  earning rate of a newly hired employee.
Employees may apply available, accumulated paid leave on
				  their monthly timesheet in order to prevent service date adjustment(s). The
				  leave time taken will be no less than one (1) workday for purposes of this
				  Section. One (1) workday will be eight (8) hours for a full-time employee or
				  the corresponding percentage of full-time equivalent (FTE) for part-time
				  employees.
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. See also
				  Chapter 4, Section 003, of this Title.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-003 - Holidays

Current through June 17, 2024
The following holidays, and others when declared by law or
				  proclaimed by the Governor or President of the United States as provided in
				  subsection (3) of Neb. Rev. Stat. §
									84-1001, will be compensated
				  holidays for full-time and part-time employees and are scheduled on the dates
				  indicated. When a holiday falls on Saturday, it will be observed on the
				  preceding Friday. When a holiday falls on Sunday, it will be observed on the
				  following Monday.
DAY
DATE
New Year's Day
January 1
Martin Luther King, Jr. Day
Third Monday in January
President's Day
Third Monday in February
Arbor Day
Last Friday in April
Memorial Day
Last Monday in May
Juneteenth
June 19
Independence Day
July 4
Labor Day
First Monday in September
Columbus Day/Indigenous Peoples' Day
Second Monday in October
Veteran's Day
November 11
Thanksgiving Day
Fourth Thursday in November
Day after Thanksgiving
Friday following Thanksgiving
Christmas Day
December 25
003.01
Full-Time Employees
. Compensation for a holiday is
				based on an eight (8) hour workday for full-time employees.
003.02
Part-Time
				Employees
. Part-time employees will receive paid time off for
				holidays on a prorated basis according to the time they work each pay
				period.
003.03
Temporary and Contract Employees
. Temporary and
				contract employees are not eligible for holiday leave, and if required to work
				on a holiday or observed holiday, are paid for the time worked at their normal
				rate of pay.
003.04
Eligibility for Holiday Pay
. Pursuant to Neb. Rev.
				Stat. §
									84-1001 in order to receive pay
				for such holiday an employee, whether part-time or full-time, must be in paid
				work status on both the workday immediately preceding and immediately following
				the holiday unless excused by his or her supervisor.
003.05
Working on
				Holidays
. An employee may be directed to work on a holiday or may
				request advance approval from the immediate supervisor to voluntarily work on a
				holiday. Any work on a day that is defined as a paid holiday by Neb. Rev. Stat.
				§
									84-1001 will be compensated for by
				granting the employee compensatory time off or by paying the employee.
				Nonexempt employees will be compensated per Chapter 8, Section 006.02, of this
				Title. Exempt employees will be compensated at straight time and allowed to
				take the holiday within sixty (60) calendar days of the observed holiday. The
				method of compensation for the holiday worked will be at the discretion of the
				Department. If compensatory time off is granted, the employee will determine
				when such time will be taken, subject to Chapter 8, Section 004.02A, of this
				Title.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-005 - Sick Leave

Current through June 17, 2024
All employees, excluding temporary and contract employees, as
				  defined by Chapter 4 of this Title, earn paid sick leave. Hours accrue on a
				  biweekly basis but are not available to the employee prior to the start of the
				  following pay period except as provided by Section 005.08 of this Chapter. No
				  sick leave is earned by an employee on leave-without-pay status.
Full-time employees accumulate sick leave according to the
				  following schedule:
Years of Service
Hours Per Year
Hours Per Month (Average)
Days Per Year
1st through 5th year
96
8.00
12
6th through 15th year
112
9.34
14
16th and following years
144
12.00
18
005.01
Conditions for Using Sick Leave
. Sick leave may be
				used only under the following conditions:
005.01A
Employee
.
				When an employee is unable to perform his/her duties because of:
005.01A1 Illness,
005.01A2 Absence due to psychological
				treatment or counseling (see definition of treatment in Chapter 3 of this
				Title),
005.01A3
				Disability,
005.01A4
				Injury,
005.01A5 Employee's
				presence at work jeopardizes the health of others by exposing them to a
				contagious disease,
005.01A6
				Pregnancy complications, post-natal recovery, or miscarriage,
005.01A7 Absence due to treatment for
				alcoholism or drug addiction, if medically diagnosed by a licensed physician
				and the employee is receiving assistance or has agreed to an approved course of
				treatment,
005.01A8 Medical,
				surgical, dental, audiological, or optical examination or treatment,
				or
005.01A9 Emergency medical
				treatment.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-007 - Family Military Leave

Current through June 17, 2024
Family Military Leave is available to employees in accordance
				  with the terms and conditions of the
Nebraska Family Military Leave
				  Act,
Neb. Rev. Stat. §§
									55-501 through
				  55-507, and the amendments to the
				  federal Family Medical Leave Act made by the National Defense Authorization Act
				  (NDAA) of 2008 (29 U.S.C.
				  §
										2612 et seq.).
007.01A Requesting employees will provide the
				Department with certification from the proper military authority to verify
				eligibility for the leave taken under the
Nebraska Family Military
				Leave Act
.
007.01B
				Requesting employees will provide the Department with certification by the
				covered service member's health care provider for leave requested to care for
				that service member under the provisions of the federal National Defense
				Authorization Act amendments to the Family Medical Leave Act.
007.01C Requesting employees will provide the
				Department with such certification as may be provided for through regulations
				issued by the United States Secretary of Labor for leave requested for a
				"qualifying exigency" arising out of the fact that an employee's spouse, son,
				daughter or parent is on active duty, or has been notified of impending call
				for active duty, in the Armed Forces in support of a contingency operation
				under the provisions of the federal National Defense Authorization Act
				amendments to the Family Medical Leave Act.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-008 - Bereavement Leave

Current through June 17, 2024
Up to forty (40) hours paid bereavement leave may be granted
				  to employees for a death in the immediate family. For a death not in the
				  immediate family, up to eight (8) hours leave with pay may be granted. For
				  purposes of this Section, immediate family means spouse, parents, grandparents,
				  siblings, children, step children, including children, children-in-law,
				  nieces/nephews, aunts/uncles, grandchildren, spouse of any of these, or someone
				  who bears a similar relationship to the spouse of the employee. Step-persons
				  bearing these relationships are included. At the discretion of the appropriate
				  Office Administrator, bereavement leave benefits may be extended for other
				  individuals with a similar personal relationship (e.g., acted as a mother,
				  father, etc.) to the employee as that of an immediate family member. The hours
				  of bereavement leave that may be granted to part-time employees will be
				  proportionate to the percentage of FTE that they work. Bereavement leave will
				  not be charged to sick leave or vacation leave.
008.01 Bereavement leave will be available
				for a period of thirty (30) calendar days after the death, or first notice of
				the death, of an immediate family member, and for a period of fifteen (15)
				calendar days after the death or first notice of the death of persons not
				immediate family members. Exceptions due to extenuating circumstances may be
				approved by the appropriate Office Administrator.
008.02 No employee will be unreasonably
				denied the granting or advancement of up to an additional eighty (80) hours of
				vacation leave (prorated for less than full-time employees) when such
				additional time is available and necessary to settle personal matters related
				to a death in the immediate family. The granting of leave under this Chapter
				will not prohibit or interfere with the granting of leave under any other
				Chapter or provision of this Title.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-009 - Administrative Leave

Current through June 17, 2024
Administrative leave, with pay, may be granted by the
				  Commissioner or the Deputy Commissioner due to natural disasters, public health
				  emergencies, inclement weather, or other local work-related emergencies.
009.01 When State offices, located in a
				building not owned or operated by the State, are closed by other than State
				officials due to inclement weather or other local work-related emergencies,
				employees have the following options, subject to advance approval by their
				immediate supervisor:
009.01A Report to work
				at a pre-arranged alternate worksite;
009.01B Telecommute from home if practicable
				due to the nature of the work, as determined by the appropriate Office
				Administrator.
009.01C Use accrued
				vacation leave, earned compensatory time, or leave without pay as a last
				resort.
009.01D Make up the missed
				work time within the work week.
009.01E Absent the ability to exercise any of
				the above options, employees may be placed on ready to work status. This means
				they are ready and available to be called back to a work location at any time.
				Employees in a ready to work status will be compensated and will perform any
				state work possible during this status. Ready-to-work status is intended for
				office closures that are due to clearly unanticipated occurrences such as
				flooding, fire, or other building damage. It is not intended for when the
				circumstances that resulted in the office closure were reasonably predictable
				in advance by the Department and the employee, such as a snowstorm predicted in
				advance. In such cases, the employee and his or her supervisor or other
				designee are to communicate and make arrangements in advance in regard to
				possible alternate work locations.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-010 - Military Leave

Current through June 17, 2024
Employees will be eligible for Military Leave in accordance
				  with applicable federal and state laws. This leave is limited to one hundred
				  and twenty (120) hours a year, with no accumulation of unused leave carried
				  over to the following calendar year. Such military leave may be taken in hourly
				  increments.
Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 93 - NEBRASKA DEPARTMENT OF EDUCATION PERSONNEL RULES › Chapter 9 - LEAVE AND HOLIDAYS › Section 93-9-012 - Miscellaneous Leave

Current through June 17, 2024
Employees will be eligible for the following types of
				  leave:
012.01
Interviews
. Interviews with employees for positions
				within the Department will be performed during work hours. Time spent for
				interviews, and travel to attend such interviews which occur during the
				employee's regular workday will be compensable.
012.02
Leave of
				Absence
. Employees with at least three (3) years of Department
				service are eligible for a leave of absence without pay. A leave of absence of
				twelve (12) months or less for professional advancement, special training, or
				other good and sufficient reasons may be granted by the Commissioner. A leave
				of absence of more than twelve (12) months is subject to approval by the Board,
				which will review the request and the recommendation of the Commissioner of
				Education. Such leave of absence will be requested in writing to the
				Commissioner through the appropriate Office Administrator.
012.02A At the expiration of an approved
				leave of absence, employees will return to a position of a similar job
				classification or pay grade as the position the employee held prior to leave,
				if available and the employee is otherwise qualified. If no such position is
				available, the employee will be considered "laid off" under the provisions of
				Chapter 12 of this Title. In the alternative, an employee may also accept
				demotion in accordance with Chapter 6, Section 004, of this Title, if
				available. Failure on the part of an employee to return to work on the agreed
				upon date, except when satisfactory reasons are submitted to and approved by
				the Commissioner prior to the agreed upon return date, may be cause for
				dismissal.
012.02B Vacation and
				sick leave will not accrue while on leave of absence without pay. However,
				vacation and sick leave earned but not used prior to leave of absence will be
				carried forward upon employee's return to duty.
If the State or Federal program from which the employee was
				  paid prior to the leave is terminated during the leave, the Department may
				  choose to pay the employee on leave for his/her unused vacation leave
				  balance.