reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-02 - Promotion

Current through Supplement No. 393, July, 2024
An appointing authority may promote a regular or probationary
				  employee to fill a vacant classified position in accordance with section
				  4-07-05-05.1.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-02.1 - Reinstatement

Current through Supplement No. 393, July, 2024
An appointing authority may reinstate a former employee who
				  was hired through a competitive process and who has successfully completed a
				  required probationary period to fill a vacant position. The reinstatement must
				  be effective within three years from the date of the employee's separation.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-02.2 - Transfer

Current through Supplement No. 393, July, 2024
An appointing authority may transfer a regular or
				  probationary employee from one classified position to another classified
				  position in accordance with section
				  4-07-05-05.1.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-03 - Minimum qualifications

Current through Supplement No. 393, July, 2024
Except as provided in section
				  4-07-05-06, an appointing authority
				  may employ, promote, reinstate, or transfer a person into or to a position in
				  the classified service provided that person possesses qualifications that at
				  least meet the minimum qualifications for that class as stated in the class
				  descriptions and successfully completes any examination requirement specified
				  by the appointing authority.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-04 - Notifying human resource management services

Current through Supplement No. 393, July, 2024
An appointing authority shall notify human resource
				  management services of each vacant classified, nontemporary position that the
				  appointing authority intends to fill through external recruitment. The
				  notification must be submitted prior to beginning the recruiting effort in the
				  form of a completed vacancy announcement transmitted electronically. The
				  appointing authority also must list vacancies for external recruitment with job
				  service North Dakota.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-05 - External recruiting

Current through Supplement No. 393, July, 2024
When an appointing authority proceeds to fill a vacant
				  classified, nontemporary position through external recruiting, the appointing
				  authority shall ensure that the public has the opportunity to know of and apply
				  for the position. Additionally, the appointing authority shall select the
				  applicant for appointment on the basis of the applicant's job-related
				  qualifications for the position.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-05.1 - Internal recruiting

Current through Supplement No. 393, July, 2024
When an appointing authority proceeds to fill a vacant
				  classified, nontemporary position by recruiting within its agency, the
				  appointing authority shall ensure that all employees occupying classified
				  positions of the appointing authority or within the specified work units have
				  the opportunity to know of and apply for the position. An appointing authority
				  may specify a work unit or work units within the agency from which applicants
				  may be considered. However, there is no requirement for a vacancy announcement
				  when the transfer of an employee to a vacant position is necessary to provide a
				  reasonable accommodation for an employee under the Americans with Disabilities
				  Act, or to avoid a reduction-in-force during a
				  reorganization.
General Authority:
NDCC
					 54-44.3-12
Law Implemented:
NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-05.2 - Temporary employees and interns

Current through Supplement No. 393, July, 2024
An appointing authority may consider a current temporary
				  employee or individual who has completed an approved internship with the agency
				  as an internal applicant provided the applicant meets the following
				  requirements:
1. A temporary employee
				must have been selected on an open and competitive basis at the time of
				employment to the current temporary position with the agency.
2. An intern must have completed a documented
				internship with the agency within a two-year period immediately prior to the
				employment date.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-06 - Alternative classification

Current through Supplement No. 393, July, 2024
When no fully qualified candidates are available after an
				  internal or external recruiting effort, an appointing authority may apply an
				  alternative classification when filling a position if each of the following
				  requirements are met:
1. The hiring
				authority shall include clear language in the position announcement that an
				alternative classification may be considered and explaining what circumstances
				will justify an alternative classification.
2. The alternative classification must be one
				for which human resource management services either has granted specific prior
				approval for use in the position announcement or has provided delegated
				authority for position classification assignments to the agency as pursuant to
				section 4-07-03-06.1.
3. The
				applicant selected possesses the appropriate license or meets other applicable
				statutory requirements.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-07 - Veterans' preference

Current through Supplement No. 393, July, 2024
Veterans' preference must be applied in the recruitment and
				  selection of employees in accordance with North Dakota Century Code chapter
				  37-19.1.
General Authority: NDCC 54-44.3
Law Implemented: NDCC 37-19.1,
					 54-44.3-23
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-08 - Vacancy announcement contents

Current through Supplement No. 393, July, 2024
Each vacancy announcement must include the following
				  information:
1. Class or working
				title, full-time or part-time status, regular or temporary status.
2. Position number for internal use
				only.
3. Salary or projected hiring
				range.
4. Closing date.
5. Duty location of position (city) and
				optional statement on the feasibility of remote work.
6. Procedures for applying.
7. Summary of work.
8. Minimum qualifications and special
				requirements.
9. Whether
				recruitment is internal or external.
10. If a position is exempt from veterans'
				preference, the advertisement must state that veterans' preference does not
				apply to the position being advertised.
Additional preferred qualifications may be listed on the
				  vacancy announcement at the discretion of the appointing authority, or a
				  reference to the position description may be made.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC 37-19.1-02(4),
					 54-44.3-12
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-05 - Recruitment and Selection › Section 4-07-05-09 - Vacancy announcement requirements

Current through Supplement No. 393, July, 2024
1.
				A vacancy announcement may not contain minimum qualifications that are less
				than the established minimum qualifications on the class description, but it
				may contain more specific requirements.
2. When advertising for required education on
				a vacancy announcement, an appointing authority may:
a. Narrow the range of appropriate
				degrees.
b. Specify the additional
				training or experience needed for working in an upper level of a class
				series.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-06 - Probationary Period › Section 4-07-06-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-06 - Probationary Period › Section 4-07-06-02 - Probationary period

Current through Supplement No. 393, July, 2024
Each newly hired or reinstated employee shall serve a
				  probationary period each time of the employee's hiring into a classified
				  position in an agency. Nonprobationary classified employees are not required to
				  serve a probationary period upon promotion, demotion, or transfer within an
				  agency. Temporary service at the same level and type of work may be considered
				  toward the probationary period.
General Authority:
NDCC
					 54-44.3-12
Law Implemented:
NDCC
					 54-44.3-01,
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-06 - Probationary Period › Section 4-07-06-03 - Purpose and duration

Current through Supplement No. 393, July, 2024
The purpose of the probationary period is to evaluate whether
				  the employee can meet the performance requirements of the position to which the
				  employee has been assigned. The duration of the initial probationary period
				  must be for six months. However, an agency may use a probationary period with a
				  longer duration if it is needed to determine satisfactory performance, and if
				  it does not exceed one year's duration.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-06 - Probationary Period › Section 4-07-06-04 - Advising a new employee

Current through Supplement No. 393, July, 2024
An appointing authority shall advise in writing each newly
				  hired or rehired employee of the applicable probationary period prior to the
				  time the employee begins work.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-06 - Probationary Period › Section 4-07-06-05 - Separation during the probationary period

Current through Supplement No. 393, July, 2024
An employee may be separated at will from employment during
				  the probationary period. The appointing authority shall notify the employee of
				  the separation in writing.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-06 - Probationary Period › Section 4-07-06-06 - Notice of completion

Current through Supplement No. 393, July, 2024
The appointing authority shall notify the employee in writing
				  at the completion of the probationary period that the employee has
				  satisfactorily completed the probationary period, that the probationary period
				  has been extended, or that employment is terminated. Lack of notice within
				  fifteen working days of completion of the probationary period means that the
				  employee has successfully completed the probationary period.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-01,
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-06 - Probationary Period › Section 4-07-06-07 - Extending a probationary period

Current through Supplement No. 393, July, 2024
An appointing authority may extend an initial period of
				  probation only if there is a documented work-related reason for doing so. The
				  appointing authority shall notify the employee in writing of the decision to
				  extend, the reason for the extension, and the length of the extension. A
				  probation period extension beyond the initial probationary period imposed by
				  the agency under section
				  4-07-06-03 may not exceed six
				  months. The notification must be accomplished within fifteen working days of
				  completion of the probationary period. A copy of this notice must be retained
				  in the employee's official personnel file.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-07 - Working Hours and Holidays › Section 4-07-07-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-07 - Working Hours and Holidays › Section 4-07-07-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meaning as in
				  North Dakota Century Code chapter 54-44.3, except:
1. "Core time" means the designated period of time within a
				  standard workday and within a standard workweek, when all agency employees must
				  either be on duty or on a leave status.
2. "Flextime" means the approved starting and quitting times,
				  outside the core time, that allow employees to vary their arrival and departure
				  times.
3. "Standard workweek" means a fixed and regularly recurring
				  forty-hour period within the calendar week.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-07 - Working Hours and Holidays › Section 4-07-07-03 - The standard workweek

Current through Supplement No. 393, July, 2024
The standard workweek is a fixed and regularly recurring
				  period of seven consecutive twenty-four-hour periods. A workweek may begin on
				  any day of the week and at any hour and minute of the day. Due to the nature of
				  the work, an agency may assign employees to work different workweeks or
				  different workdays to carry out the mission of the agency. Employees must be
				  made aware of their assigned workweek. An agency may establish different
				  workweeks in accordance with requirements of the Fair Labor Standards Act of
				  1938 [ Pub. L. 75-718; 52 Stat. 1060;
				  29 U.S.C.
				  201 et seq.]. In the absence of an
				  established standard workweek, the period of 12:00 a.m. Sunday through 11:59
				  p.m. the following Saturday must be utilized.
General Authority:
NDCC
					 54-44.3-12
Law Implemented:
NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-07 - Working Hours and Holidays › Section 4-07-07-03.1 - Compliance with Fair Labor Standards Act

Current through Supplement No. 393, July, 2024
The state of North Dakota, as an employer, is required to
				  abide by the Fair Labor Standards Act of 1938 [ Pub. L. 75-718; 52 Stat. 1060;
				  29 U.S.C.
				  201 et seq.] concerning wage and hour
				  provisions. The appointing authority is responsible for compliance with
				  provisions of the Act, including the determination of exempt or nonexempt
				  status or overtime issues. Human resource management services may assist in
				  this analysis.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-07 - Working Hours and Holidays › Section 4-07-07-04 - Flextime

Current through Supplement No. 393, July, 2024
An appointing authority may allow employees to use flextime
				  provided that regular service to the public is not interrupted.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-07 - Working Hours and Holidays › Section 4-07-07-05 - Nonstandard hours

Current through Supplement No. 393, July, 2024
An appointing authority may assign an employee to work hours
				  other than the standard work hours. Additionally, an appointing authority may
				  assign an employee to work hours in excess of the standard workweek.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-07 - Working Hours and Holidays › Section 4-07-07-06 - Holidays

Current through Supplement No. 393, July, 2024
The holidays for individuals who are employed by agencies
				  subject to this chapter are those that are listed in North Dakota Century Code
				  section 1-03-01.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-07 - Working Hours and Holidays › Section 4-07-07-07 - Holiday hours accrual for a part-time regular employee

Current through Supplement No. 393, July, 2024
An employee who occupies a part-time regular position must
				  accrue holiday hours proportionately.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-07 - Working Hours and Holidays › Section 4-07-07-08 - Leave status and fringe benefits

Current through Supplement No. 393, July, 2024
A probationary or regular employee who is absent from work in
				  a paid leave status continues to earn fringe benefits, including annual leave
				  and sick leave.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-08 - Working and Inclement Weather Conditions › Section 4-07-08-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-08 - Working and Inclement Weather Conditions › Section 4-07-08-02 - Reporting to work

Current through Supplement No. 393, July, 2024
During inclement weather conditions unless otherwise notified
				  by an authorized official, each employee shall report to work as scheduled at
				  the appointed time. Employees who are authorized and telework enabled (the
				  ability to do all or part of their job from home or a remote location) are
				  expected to follow a normal work schedule.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-08 - Working and Inclement Weather Conditions › Section 4-07-08-03 - Reporting late or leaving early

Current through Supplement No. 393, July, 2024
An employee who either reports to work late, or who leaves
				  work early during inclement weather conditions while the employee's place of
				  work remains open, must be charged appropriate leave for the time not worked.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-08 - Working and Inclement Weather Conditions › Section 4-07-08-04 - Key positions

Current through Supplement No. 393, July, 2024
An appointing authority may designate key positions.
				  Individuals occupying those positions shall provide continuing services or
				  essential services as required during emergency or inclement weather conditions
				  when the agency is closed by an authorized official. An individual occupying a
				  key position may be provided extra compensation, in addition to the regular pay
				  rate, for performing required work during a period when agency facilities or
				  normal operations have been closed or curtailed due to emergency or inclement
				  weather conditions.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-08 - Working and Inclement Weather Conditions › Section 4-07-08-05 - No pay reduced

Current through Supplement No. 393, July, 2024
An appointing authority may not reduce the pay of an employee
				  who is released from work due to an emergency or inclement weather conditions
				  by an authorized official for those hours the employee was not required to
				  work.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-08 - Working and Inclement Weather Conditions › Section 4-07-08-06

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-10 - Performance Management › Section 4-07-10-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-10 - Performance Management › Section 4-07-10-02 - Requirement for performance management program

Current through Supplement No. 393, July, 2024
Each agency, department, and institution shall adopt and use
				  a program to provide for the development and management of the performance of
				  each employee in a classified position.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-10 - Performance Management › Section 4-07-10-03 - Requirement to communicate expected performance

Current through Supplement No. 393, July, 2024
Each employee in a classified position must be informed of
				  the responsibilities assigned to the employee's position and of the level of
				  performance needed to successfully perform the work.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-10 - Performance Management › Section 4-07-10-04 - Criteria for performance management programs

Current through Supplement No. 393, July, 2024
Each agency, department, and institution shall use the
				  criteria in one or the other of the following performance management program
				  types:
1.
Individual-based
				performance
.
a. Performance reviews
				are conducted at least annually.
b. Performance reviews are based on
				individual job-related requirements.
c. A standard form or approach is used.
d. Performance standards, or goals
				and objectives are used.
e. The
				review includes a review of past performance.
f. The review includes a discussion of how
				performance may be improved or how an employee's skills may be developed.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-11 - Reduction-in-Force › Section 4-07-11-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-11 - Reduction-in-Force › Section 4-07-11-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms throughout this chapter have the same meaning as in
				  North Dakota Century Code chapter 54-44.3, except "reduction-in-force" means
				  the loss of employment by an employee as a result of a reduction in funding,
				  lack of work, curtailment of work, or reorganization.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-11 - Reduction-in-Force › Section 4-07-11-03 - Reduction-in-force

Current through Supplement No. 393, July, 2024
An appointing authority, after giving written notice to a
				  classified employee, may cause an employee to lose his or her employment due to
				  a reduction-in-force. Prior to initiating a reduction-in-force, an appointing
				  authority shall carefully conduct a written analysis of the affected employees
				  in the agency or in a division or unit within the agency to determine those
				  employees who will be subject to the reduction-in-force. Affected employees
				  means those employees in the same classification identified to be reduced in
				  force within the agency, division, or unit within the agency. The appointing
				  authority shall consider a comparison of the knowledge, skills, number of years
				  and months an employee has in the classified service, other experience, and
				  level of performance employees have with the knowledge, skills, and experience
				  that the agency has determined it will need to accomplish the work to be done
				  following the reduction-in-force.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-11 - Reduction-in-Force › Section 4-07-11-04 - Written documentation required

Current through Supplement No. 393, July, 2024
An appointing authority that initiates a reduction-in-force
				  is required to maintain written documentation of the analysis required by
				  section 4-07-11-03.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-11 - Reduction-in-Force › Section 4-07-11-05 - Emergency, temporary, or probationary employees

Current through Supplement No. 393, July, 2024
An appointing authority may not subject a classified employee
				  who has satisfactorily completed the probationary period to a
				  reduction-in-force while there are emergency, temporary, or probationary
				  employees serving in the same class in the same agency location.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-11 - Reduction-in-Force › Section 4-07-11-06 - Nondiscriminatory

Current through Supplement No. 393, July, 2024
An appointing authority that initiates a reduction-in-force
				  shall do so only in a nondiscriminatory manner in accordance with North Dakota
				  Century Code section
				  14-02.4-01. Additionally, an
				  appointing authority may not use a reduction-in-force as a substitute for
				  disciplinary measures.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-11 - Reduction-in-Force › Section 4-07-11-07 - Reemployment following a reduction-in-force

Current through Supplement No. 393, July, 2024
An individual who has lost employment due to a
				  reduction-in-force shall be offered reemployment by the former employing agency
				  if all of the following conditions are present:
1. A regular position vacancy, in the same
				classification or lower classification in the same series, occurs in the former
				employing agency, and the appointing authority decides to fill the vacancy by
				appointing someone other than a current employee.
2. The individual meets the qualifications
				determined to be necessary for successful performance of the position by the
				agency and successfully completes any examination specified by the agency,
				including an oral interview.
3. No
				more than one year has elapsed since the individual lost employment due to the
				reduction-in-force.
4. The
				individual is not currently employed in a regular position in state service.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-11 - Reduction-in-Force › Section 4-07-11-08 - Applicant status following a reduction-in-force

Current through Supplement No. 393, July, 2024
An individual who has lost employment due to a
				  reduction-in-force shall for one year from the date of the reduction-in-force
				  be considered an internal applicant for all positions within the former
				  employing agency for which that individual applies pursuant to policies and
				  practices established by that agency.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapters 54-06 and 54-44.3 and section
				  54-52-01, except:
1. "Annual leave" means an approved absence from work with
				  pay.
2. "Regular employee" means a person who has completed the
				  probationary period and who is in a position classified by human resource
				  management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-03 - Annual leave accrual

Current through Supplement No. 393, July, 2024
Employees eligible for annual leave begin to accrue leave
				  from the day of hire.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-04 - Annual leave accrual schedule

Current through Supplement No. 393, July, 2024
State agencies are advised that the following annual leave
				  accrual schedule is required for use by each state agency subject to this
				  chapter:
Years of
						  Service
Hours Earned Per
						  Month
zero through three
eight
four through seven
ten
eight through twelve
twelve
thirteen through eighteen
fourteen
over eighteen
sixteen
A local government agency subject to the North Dakota merit
				  system adopting or using a different accrual schedule shall promptly .le a copy
				  of that schedule with human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-06-14,
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-05 - Accrual for employment for a fraction of a month

Current through Supplement No. 393, July, 2024
An employee accrues leave for being employed for a fraction
				  of a month. The number of annual leave hours earned by an employee for
				  employment for a fraction of a month must be in proportion to the total number
				  of straight time hours the employee actually worked compared to the total
				  number of normal working hours in the month.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-07 - Approval required

Current through Supplement No. 393, July, 2024
Generally, a request to use annual leave must be approved
				  before the employee is authorized to take the leave. A leave request may be
				  denied if the employee's absence would unduly disrupt the operations or
				  services of the agency.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-08 - Annual leave limit

Current through Supplement No. 393, July, 2024
No more than two hundred forty hours of accrued annual leave
				  may be carried forward beyond April thirtieth of each year. If a political
				  subdivision that employs individuals in positions classified by human resource
				  management services uses a cutoff date other than April thirtieth, then the
				  political subdivision may continue to do so as long as the same cutoff date is
				  used for all of the agency's employees who occupy positions that are classified
				  by human resource management services, and the two-hundred-forty-hour limit is
				  observed.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-10 - Pay during employment

Current through Supplement No. 393, July, 2024
An employee may not be paid for unused annual leave while the
				  employee remains in the service of the agency, except for the following
				  reasons:
1. The employee takes a
				long-term leave of absence;
2. The
				employee goes on educational leave;
3. The employee moves to temporary
				employment; or
4. Human resource
				management services approves a written request from an agency for an exception
				to this section for a business-related reason.
When an employee is transferring from one agency to another,
				  the employee must be paid for the difference in hours between what the employee
				  has accumulated and the number of hours the gaining agency will accept. When an
				  employee is leaving the service of the agency, the employee must be paid for
				  all accrued hours of annual leave.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-11 - Credit for temporary service

Current through Supplement No. 393, July, 2024
A temporary employee who becomes regular must be given credit
				  for the employee's length of service as a temporary employee for the purpose of
				  determining the annual leave accrual rate provided there was no break in
				  service beyond one year. An agency may not grant annual leave hours to a
				  temporary employee.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-12 - Annual leave and reemployment

Current through Supplement No. 393, July, 2024
An employee who leaves the employee's employment and who is
				  rehired within three years must be credited with the employee's previous years
				  of continuous service for the purpose of determining the employee's annual
				  leave accrual rate.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-12 - Annual Leave › Section 4-07-12-13 - Assumption of accrued annual leave

Current through Supplement No. 393, July, 2024
A state agency appointing authority employing an individual
				  from another state agency shall accept all or only a part of the employee's
				  accrued annual leave hours the employee requests to transfer. State agencies
				  covered by the North Dakota merit system shall accept all or a part of accrued
				  annual leave hours the employee requests to transfer of a human service zone
				  employee in a position classified by human resource management services.
A human service zone board may accept all or a part of
				  accrued annual leave hours an employee requests to transfer from another human
				  service zone board or a state agency, if the employee occupies a position
				  classified by human resource management services.
General Authority:
NDCC 54-44.3-12
Law Implemented:
NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-13 - Sick Leave › Section 4-07-13-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state and local government
				  agencies, departments, institutions, and boards and commissions that employ
				  individuals in positions classified by human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-13 - Sick Leave › Section 4-07-13-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapters 54-06, 54-44.3, and 54-52.4, except:
1. "Eligible family member" means the employee's spouse,
				  parent (natural, adoptive, foster, and stepparent), child (natural, adoptive,
				  foster, and stepchild), or any other family member who is financially or
				  legally dependent upon the employee or who resides with the employee for the
				  purpose of the employee providing care to the family member.
2. "Sick leave" means an approved absence from work, with
				  pay, for use in accordance with section
				  4-07-13-07.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-13 - Sick Leave › Section 4-07-13-03 - Sick leave accrual

Current through Supplement No. 393, July, 2024
Employees eligible for sick leave begin to accrue leave from
				  the day of hire.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-13 - Sick Leave › Section 4-07-13-04 - Sick leave accrual rate

Current through Supplement No. 393, July, 2024
State agencies are advised that the following sick leave
				  accrual schedule is required for use by each state agency subject to this
				  chapter:
Years of
							 Service
Hours Earned Per
							 Month
zero to all
eight
A local government agency subject to the North Dakota merit
				  system adopting or using a different accrual schedule shall promptly file a
				  copy of that schedule with human resource management services.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-06-14,
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-13 - Sick Leave › Section 4-07-13-05 - Accrual for fractional months

Current through Supplement No. 393, July, 2024
An employee accrues sick leave for employment for a fraction
				  of a month. The number of sick leave hours earned by an employee for employment
				  for a fraction of a month must be in proportion to the total number of straight
				  time hours the employee actually worked compared to the total number of working
				  hours in a month.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-13 - Sick Leave › Section 4-07-13-06 - No limit on sick leave carryover

Current through Supplement No. 393, July, 2024
An employee may not be limited in the number of unused earned
				  sick leave hours that may be carried over from one calendar year to another.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-13 - Sick Leave › Section 4-07-13-07 - Uses of sick leave

Current through Supplement No. 393, July, 2024
Sick leave may be used by an employee when:
1. The employee is ill or injured and is
				unable to work.
2. The employee has
				an appointment for the diagnosis or treatment of a medically related
				condition.
3. The employee wishes
				to attend to the needs of the employee's eligible family members who are ill or
				to assist them in obtaining other services related to their health or
				well-being.
a. Sick leave used for these
				purposes may not exceed eighty hours per calendar year.
b. The employee may, per calendar year, take
				up to an additional four hundred eighty hours of the employee's accrued sick
				leave to care for the employee's child, spouse, or parent with a serious health
				condition. The employer may require the employee to provide written
				verification of the serious health condition by a health care
				provider.
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-13 - Sick Leave › Section 4-07-13-10 - Temporary employment

Current through Supplement No. 393, July, 2024
A temporary employee may not be credited with any accrued
				  sick leave hours.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1)