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 4-07-13 - Sick Leave › Section 4-07-13-11 - Sick leave and reemployment

Current through Supplement No. 393, July, 2024
An employee who leaves his or her employment and who is
				  rehired within one year must be credited with the amount of sick leave hours
				  the employee had accumulated at the time of departure, less any amount for
				  which the employee had subsequently been paid. An employee affected by a
				  reduction in force and rehired within two years must be credited with the
				  amount of sick leave hours the employee had accumulated at the time of
				  departure, less any amount for which the employee had subsequently been paid.
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 4-07-13-12 - Assumption of accrued sick leave

Current through Supplement No. 393, July, 2024
A state agency appointing authority employing an individual
				  from another state agency shall accept all of the employee's accrued sick leave
				  hours. State agencies covered by the North Dakota merit system shall accept all
				  accrued sick leave hours of a county social service employee in a position
				  classified by human resource management services.
A county social service board may accept all of accrued sick
				  leave hours an employee requests to transfer from another county social service
				  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 4-07-14 - Funeral Leave and Honor Guard Leave › Section 4-07-14-01 - 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
					 54-06-36,
					 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 4-07-14 - Funeral Leave and Honor Guard Leave › Section 4-07-14-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 54-44.3 and section
				  54-06-36, except:
1. "Family" means husband, wife, son, daughter, father,
				  mother, stepparents, brother, sister, brother-in-law, sister-in-law,
				  grandparents, grandchildren, stepchildren, foster parents, foster children,
				  daughter-in-law, and son-in-law.
2. "Funeral leave" means an approved absence from work, with
				  pay, of up to twenty-four working hours, provided to an employee to attend or
				  make arrangements for a funeral, as a result of a death in the employee's
				  family, or in the family of an employee's spouse.
3. "Honor guard" means an individual with an essential
				  ceremonial role in the funeral service of a veteran.
4. "Honor guard leave" means the approved absence from work,
				  with pay, for up to twenty-four working hours per calendar year for an employee
				  to participate in an honor guard for a funeral service of a veteran.
5. "Individual with an essential ceremonial role" performing
				  as part of the official funeral service of a veteran is a member of the
				  flagbearers, a member of the flag-folding team, a member of the firing party,
				  the bugler, or the honor guard captain.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-06-36,
					 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 4-07-14 - Funeral Leave and Honor Guard Leave › Section 4-07-14-03 - Granting funeral or honor guard leave

Current through Supplement No. 393, July, 2024
An appointing authority may grant a request for funeral or
				  honor guard leave even if the absence of the employee might interfere with the
				  normal operations of the agency.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-06-36,
					 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 4-07-14 - Funeral Leave and Honor Guard Leave › Section 4-07-14-04 - Not considered sick leave or annual leave

Current through Supplement No. 393, July, 2024
An agency may not consider funeral or honor guard leave as
				  sick leave or annual leave.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-06-36,
					 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 4-07-15 - Leave Without Pay › Section 4-07-15-01 - 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 4-07-15 - Leave Without Pay › Section 4-07-15-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 54-44.3, except:
1. "Leave without pay" means the approved absence from work
				  without pay of an employee.
2. "Educational leave" means the approved leave of absence
				  from work without pay of an employee to attend school.
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 4-07-15 - Leave Without Pay › Section 4-07-15-03 - Leave without pay

Current through Supplement No. 393, July, 2024
An appointing authority may grant an employee's request for a
				  leave of absence without pay provided that:
1. The absence of the employee will not
				unduly disrupt the agency's operations or services.
2. The employee is placed on leave without
				pay status and is not terminated.
3. The employee does not accrue annual leave
				while on leave without pay status, but retains any unused annual leave hours,
				subject to other restrictions, and retains the employee's previous years of
				continuous service for the purpose of determining the employee's annual leave
				accrual rate.
4. The employee does
				not accrue sick leave while on leave without pay status, but retains any unused
				sick leave hours.
5. If the leave
				without pay status is scheduled to extend longer than fourteen consecutive
				calendar days, the appointing authority and the employee must agree in writing,
				prior to the beginning of the leave, about the status of employee benefits, and
				the terms and conditions of the employee's return to work.
6. The leave without pay does not exceed one
				year in duration.
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 4-07-15 - Leave Without Pay › Section 4-07-15-04 - Educational leave

Current through Supplement No. 393, July, 2024
An appointing authority may grant an employee educational
				  leave provided that:
1. The absence
				of the employee will not unduly disrupt the agency's operations or services.
2. The employee is placed on
				educational leave status and is not terminated.
3. The employee does not accrue annual leave
				while on educational leave, but retains any unused annual leave hours, subject
				to other restrictions, and retains the employee's previous years of continuous
				service for the purpose of determining the employee's annual leave accrual
				rate.
4. The employee does not
				accrue sick leave while on educational leave, but retains any unused sick leave
				hours.
5. The appointing authority
				and the employee must agree in writing, prior to the beginning of the leave,
				about the status of employee benefits, and the terms and conditions of the
				employee's return to work.
6. The
				educational leave does not exceed two years in duration.
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 4-07-16 - Jury and Witness Leave › Section 4-07-16-01 - 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 4-07-16 - Jury and Witness Leave › Section 4-07-16-02 - Jury duty

Current through Supplement No. 393, July, 2024
An employee selected for jury duty must be granted an
				  approved absence from work with pay, except that an amount of pay equal to the
				  amount the employee received from the court for jury duty service must be
				  deducted from the employee's regular pay. However, if an employee is on
				  authorized annual leave while performing jury duty, the employee may retain the
				  fee paid by the court and the employee's pay may not be reduced.
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 4-07-16 - Jury and Witness Leave › Section 4-07-16-03 - Witness on behalf of the employer

Current through Supplement No. 393, July, 2024
When an employee is called or appears as a witness, or as an
				  expert witness, on behalf of the employer, and the employee's department
				  reimburses the employee for mileage, meals, and lodging, then the employee may
				  not submit an additional claim for mileage, meals, and lodging. Also, the
				  employee must be paid the employee's regular rate of compensation for time
				  spent as a witness.
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 4-07-16 - Jury and Witness Leave › Section 4-07-16-04 - Witness fee

Current through Supplement No. 393, July, 2024
An employee may retain a witness fee paid by a party only
				  when each of the following apply:
1.
				The employee's agency did not reimburse the employee for mileage, meals, and
				lodging.
2. The employee is on
				authorized 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 4-07-16 - Jury and Witness Leave › Section 4-07-16-05 - Witness fee and law enforcement personnel

Current through Supplement No. 393, July, 2024
When a law enforcement officer performs duties as a witness
				  during off-duty time, the officer may receive a witness fee and reimbursement
				  for mileage, meals, and lodging, provided the officer is not otherwise
				  reimbursed by the employer. When a law enforcement officer performs duties as a
				  witness in an official capacity in a criminal case, the officer is regarded as
				  performing normal duties, and consequently the officer may not retain a witness
				  fee.
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 4-07-16 - Jury and Witness Leave › Section 4-07-16-06 - Witness duties

Current through Supplement No. 393, July, 2024
An employee who performs witness duties unrelated to the
				  employee's official capacity, or because the employee is personally interested
				  in the proceedings, or because the employee volunteers to do so, must be placed
				  on annual leave or leave without pay status. In these situations, the employee
				  may retain any witness fee provided to the 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 4-07-17 - Workers' Compensation and Leave › Section 4-07-17-01 - 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 4-07-17 - Workers' Compensation and Leave › Section 4-07-17-02 - Employee election to use leave

Current through Supplement No. 393, July, 2024
If an employee is receiving workers' compensation benefits,
				  the employee may elect to use either the employee's accumulated sick leave,
				  annual leave, or leave without pay during the period the employee is unable 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 4-07-17 - Workers' Compensation and Leave › Section 4-07-17-03 - Leave without pay while receiving benefits

Current through Supplement No. 393, July, 2024
An employee receiving workers' compensation benefits who has
				  either utilized all leave benefits, or who has elected not to use accrued leave
				  benefits, must be placed in a leave without pay status for the remainder of the
				  period that the employee is unable to work. An employee may remain in a leave
				  without pay status for a time period not to exceed two years.
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 4-07-17 - Workers' Compensation and Leave › Section 4-07-17-04 - Pay differential and charging leave account

Current through Supplement No. 393, July, 2024
An employee who elects to use leave while receiving workers'
				  compensation benefits must be paid by the employee's agency an amount equal to
				  the difference between the employee's regular base salary and the amount the
				  employee receives from workers' compensation while the employee is on leave. An
				  employee's leave
account must then be charged with the number of hours that
				  corresponds to the percentage of salary the agency pays.
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 4-07-18 - Service Award Programs › Section 4-07-18-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to all state 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 4-07-18 - Service Award Programs › Section 4-07-18-02 - Requirement for service award program

Current through Supplement No. 393, July, 2024
Each agency, department, institution, board and commission
				  shall recognize certain service anniversaries of classified employees by
				  implementing and administering a service award program. Service awards may be
				  postponed or withheld if there are documented problems with an employee's
				  performance.
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 4-07-18 - Service Award Programs › Section 4-07-18-03 - Retroactivity

Current through Supplement No. 393, July, 2024
The required service award program may not be retroactive.
				  However, all times worked in the employment of the state prior to January 1,
				  1986, must be counted toward any future service award.
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 4-07-18 - Service Award Programs › Section 4-07-18-04 - Length of service required to receive award

Current through Supplement No. 393, July, 2024
An employee must have completed three, five, ten, fifteen,
				  twenty, twenty-five, thirty, thirty-five, forty, forty-five, or fifty years of
				  employment with the state in order to receive a service award. An employee who
				  leaves employment with the state and then returns, again begins to accumulate
				  time. That time must be added to the employee's previous service and applied to
				  any future service award.
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 4-07-18 - Service Award Programs › Section 4-07-18-05 - Service award types

Current through Supplement No. 393, July, 2024
The types of service awards that are given to employees must
				  be provided as follows:
1. Following
				the completion of three years; certificate or plaque, and a gift not to exceed
				a value of twenty-five dollars.
2.
				Following the completion of five years; certificate or plaque, and a gift not
				to exceed a value of fifty dollars.
3. Following the completion of ten years;
				certificate or plaque, and a gift not to exceed a value of one hundred dollars.
4. Following the completion of
				fifteen years; certificate or plaque, and a gift not to exceed a value of one
				hundred fifty dollars.
5.
				Following the completion of twenty years; certificate or plaque, and a gift not
				to exceed a value of two hundred dollars.
6. Following the completion of twenty-five
				years; certificate or plaque, and a gift not to exceed a value of two hundred
				fifty dollars.
7. Following the
				completion of thirty years; certificate or plaque, and a gift not to exceed a
				value of three hundred dollars.
8.
				Following the completion of thirty-five years; certificate or plaque, and a
				gift not to exceed a value of three hundred fifty dollars.
9. Following the completion of forty years;
				certificate or plaque, and a gift not to exceed a value of four hundred
				dollars.
10. Following the
				completion of forty-five years; certificate or plaque, and a gift not to exceed
				a value of four hundred fifty dollars.
11. Following the completion of fifty years
				and every five-year increment thereafter; certificate or plaque, and a gift not
				to exceed a value of five hundred dollars.
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 4-07-18 - Service Award Programs › Section 4-07-18-06 - Retirement awards

Current through Supplement No. 393, July, 2024
A retirement award shall be provided to an employee who has a
				  minimum of fifteen years of state service, and who has not been previously
				  recognized for a retirement by the state, as follows:
1. A retirement certificate signed by the
				governor and/or a plaque.
2. A
				gift with a value not to exceed two hundred dollars.
A farewell party may be provided upon agreement of the
				  employee and the agency. Retirement awards may be withheld if there are
				  documented problems with an employee's performance.
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 4-07-18 - Service Award Programs › Section 4-07-18-07 - Cash

Current through Supplement No. 393, July, 2024
An agency may not provide cash to an employee as part of a
				  service or retirement award program. An agency may, however, provide a gift
				  certificate.
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 4-07-19 - Disciplinary Actions › Section 4-07-19-01 - 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 4-07-19 - Disciplinary Actions › Section 4-07-19-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 54-44.3, except:
1. "Cause" means conduct or factors related to a regular
				  employee's job duties, job performance, or working relationships that is
				  detrimental to the discipline and efficiency of the service in which the
				  employee is or was engaged.
2. "Demotion" means an involuntary reduction in the current
				  base salary or grade level where the newly assigned grade level forecloses pay
				  adjustments of a regular employee resulting from reassignment for cause to a
				  position in a lower class.
3. "Dismissal" means an involuntary termination of a regular
				  employee's employment.
4. "Progressive discipline" means the disciplinary actions
				  imposed to correct a regular employee's behavior, beginning with a less severe
				  appropriate action and progressing to a more severe appropriate action, for
				  repeated instances of poor job performance or for repeated violations of the
				  same or similar rules or standards.
5. "Regular employee" means a person who has completed the
				  probationary period and who is or was in a position classified by human
				  resource management services at the time of the disciplinary action.
6. "Suspension with pay" means a forced paid leave of
				  absence.
7. "Suspension without pay" means a forced unpaid leave of
				  absence.
8. "Working days" means Monday through Friday exclusive of
				  holidays, unless otherwise defined by an 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 4-07-19 - Disciplinary Actions › Section 4-07-19-03 - Discipline only for cause

Current through Supplement No. 393, July, 2024
A regular employee may be disciplined only for cause.
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 4-07-19 - Disciplinary Actions › Section 4-07-19-04 - Use of progressive discipline

Current through Supplement No. 393, July, 2024
Progressive discipline must be used to correct a regular
				  employee's job performance problems or for a violation of rules or standards
				  unless an infraction or a violation of a serious nature is committed, including
				  insubordination, theft, falsification of pay records, or assaulting or
				  threatening to harm a supervisor or coworker, patient, or client, and for which
				  the imposition of less severe disciplinary action would be inappropriate.
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 4-07-19 - Disciplinary Actions › Section 4-07-19-04.1 - Suspension without pay

Current through Supplement No. 393, July, 2024
A suspension without pay may not exceed thirty calendar days.
				  If the suspended employee is exempt from the overtime provisions of the Fair
				  Labor Standards Act of 1938 [29 C. F. R. 541.602(5)], the appointing authority
				  may make deductions from pay for unpaid disciplinary suspensions of one or more
				  full days imposed in good faith for infractions of workplace conduct rules.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-19 - Disciplinary Actions › Section 4-07-19-04.2 - Suspension with pay

Current through Supplement No. 393, July, 2024
A suspension with pay may be used during an investigation or
				  pending disciplinary action.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-19 - Disciplinary Actions › Section 4-07-19-05 - Appointing authority shall provide a written preaction notice

Current through Supplement No. 393, July, 2024
An appointing authority shall provide a written preaction
				  notice when the suspension without pay demotion, or dismissal of a regular
				  employee is being considered. The preaction notice must include the following:
1. A statement that the appointing
				authority intends to take disciplinary action that may result in demotion,
				suspension without pay, or dismissal of the employee.
2. An explanation of the alleged charges
				against the employee.
3. A
				provision for the employee to respond in writing within a minimum of five
				working days.
4. A statement
				regarding the employee's status until a final decision is made.
5. A statement that a written notice of the
				final action taken will be provided to the employee.
The appointing authority shall determine the method of
				  delivery that best guarantees the employee's receipt of the preaction notice.
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 4-07-19 - Disciplinary Actions › Section 4-07-19-07 - Agency reconsideration of prior discipline

Current through Supplement No. 393, July, 2024
An appointing authority may reopen and reconsider previously
				  imposed discipline in the event the appointing authority determines that new
				  information or circumstances exist or that discipline imposed pursuant to
				  delegated authority is inconsistent with established agency policy, standard,
				  or practice or otherwise is inappropriate in light of the adequacy of any prior
				  investigation or the obligations the agency has to take corrective action. An
				  appointing authority must rescind previously imposed discipline and restore any
				  lost pay and other benefits of employment as a condition of exercising
				  authority under this section. An employee who is demoted, suspended, or
				  dismissed under this section may appeal the basis for reopening and
				  reconsidering the previously imposed discipline as well as the grounds for the
				  discipline imposed in accordance with the provisions of chapter
				  4-07-20.1.
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 4-07-19 - Disciplinary Actions › Section 4-07-19-06 - Appointing authority shall provide a written final action notice

Current through Supplement No. 393, July, 2024
Once a final decision has been made, the appointing authority
				  shall provide a written notice to the employee of the final action to be taken.
				  The final action notice must contain either of the following:
1. If the final action is less than demotion,
				suspension without pay, or dismissal, a statement must be made explaining the
				reasons for reducing the intended disciplinary actions. Any stipulations that
				may apply to continued employment must also be stated.
2. If the final action taken demotes,
				suspends, or dismisses the employee, a detailed explanation of the basis for
				the action must be provided. This notice must also inform the employee of the
				right to appeal the decision in accordance with the provisions of section
				4-07-20.1-03. The appointing
				authority shall determine the method of delivery that best guarantees the
				employee's receipt of the final action notice.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20 - Grievance Procedures › Section 4-07-20-01 - 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),
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20 - Grievance Procedures › Section 4-07-20-02 - Requirements for grievance procedures

Current through Supplement No. 393, July, 2024
Each agency, department, institution, board, and commission
				  subject to this chapter shall establish internal grievance procedures that
				  include the following:
1. A provision
				that allows an employee to grieve an employer action of demotion, dismissal,
				suspension without pay, forced relocation, reduction-in-force, reprisal, or
				discrimination in employment. The provision must require the employee to begin
				the agency grievance procedure within fifteen working days from the date of
				notice of the employer action, except in the case of reprisal. The date of
				service of the notice shall be considered to be the date the notice was mailed
				or the date transmitted by electronic means, or absent proof of the date of
				mailing or delivery through electronic means, the date of actual delivery. The
				agency shall prepare a certificate of service, or provide reliable means, to
				show proof of the date of mailing, transmittal by electronic means, or hand
				delivery. The provision must also require that in the case of reprisal the
				employee shall begin the agency grievance procedure within fifteen working days
				from the date of the reprisal action.
2. Specific steps to be followed in
				processing the grievance, limitations on the amount of time the parties have to
				respond, and any procedures for extending time limitations.
3. A requirement that the parties must
				respond to the issues raised in the grievance.
4. A method of counting time that is in
				working days.
5. Provisions that
				allow an employee a reasonable amount of time to process a grievance without
				loss of pay during regular working hours.
6. An option that if the appointing authority
				misses an established deadline in the grievance procedure, the grievance may be
				advanced to the next step.
7. The
				use of a standard grievance form.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1),
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20 - Grievance Procedures › Section 4-07-20-02.1 - Waiver of agency grievance procedure

Current through Supplement No. 393, July, 2024
A waiver of the agency grievance procedure is allowed by
				  mutual agreement of the employee and appointing authority. Each party must sign
				  the waiver within fifteen working days of the employer action. Upon obtaining
				  the waiver, the employee may appeal directly to human resource management
				  services in accordance with section
				  4-07-20.1-08. An additional fifteen
				  working days is not available if the requested waiver is denied.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20 - Grievance Procedures › Section 4-07-20-03 - Absence of established written agency grievance procedure

Current through Supplement No. 393, July, 2024
In the absence of an established written agency grievance
				  procedure, the aggrieved employee may appeal an employer action as covered in
				  subsection 1 of section
				  4-07-20.1-02 and section
				  4-07-20.2-04 directly to human
				  resource management services by following the applicable appeal procedures
				  outlined in section
				  4-07-20.1-08 or
				  4-07-20.2-07. Human resource
				  management services shall act upon the appeal in the same manner as an appeal
				  processed through an agency grievance procedure. This avenue of appeal does not
				  negate the requirements for an agency grievance procedure.
General Authority: NDCC
					 54-44.3-12
Law Implemented: NDCC
					 54-44.3-12(1),
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.1 - Appeals of Employer Actions › Section 4-07-20.1-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to regular employees.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.1 - Appeals of Employer Actions › Section 4-07-20.1-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 54-44.3, except:
1. "Date of service" means the date the notice was mailed or
				  the date transmitted by electronic means, or absent proof of the date of
				  mailing or delivery of electronic means, the date of actual delivery.
2. "Employer action" means an action taken by an appointing
				  authority that affects a regular employee through a demotion, dismissal,
				  suspension without pay, forced relocation, reduction-in-force, or reprisal.
3. "Forced relocation" means the involuntary transfer or
				  reassignment of a regular employee from one work location in the state to
				  another work location in the state that requires the employee to move to a
				  different place of residence. Telecommuting and other alternative work location
				  agreements are not considered forced relocations.
4. "Reduction-in-force" means the loss of employment by a
				  regular employee as a result of a reduction in funding, lack of work,
				  curtailment of work, or reorganization.
5. "Regular employee" means a person who has completed the
				  probationary period and who is or was in a position classified by human
				  resource management services at the time the employer action occurred.
6. "Reprisal" means an unfavorable employment-related action
				  taken against an applicant or employee by an appointing authority for appealing
				  to human resource management services or the state personnel board; for
				  exercising the employee's rights under the Public Employees Relations Act of
				  1985, North Dakota Century Code chapter 34-11.1; for testifying before a
				  legislative committee; or for employees who request timely assistance under the
				  employee assistance program.
7. "Waiver" means a written agreement between a regular
				  employee and the appointing authority not to proceed with the agency grievance
				  procedure and to permit an appeal to be made directly to human resource
				  management services.
8. "Working days" means Monday through Friday exclusive of
				  holidays.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 34-11.1-04(5),
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.1 - Appeals of Employer Actions › Section 4-07-20.1-03 - A regular employee may file a grievance regarding an employer action

Current through Supplement No. 393, July, 2024
A regular employee may, in accordance with the respective
				  agency's grievance procedure, file a grievance regarding demotion, dismissal,
				  suspension without pay, forced relocation, reduction-in-force, or reprisal. A
				  grievance must be processed through the agency grievance procedure prior to
				  submitting an appeal to human resource management services, unless a waiver is
				  agreed upon as provided for in section
				  4-07-20.1-05.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.1 - Appeals of Employer Actions › Section 4-07-20.1-04 - Commencement of agency grievance procedure - Time limitations

Current through Supplement No. 393, July, 2024
The employee shall begin the agency grievance procedure
				  within fifteen working days from the date of notice of the employer action,
				  except in the case of reprisal. The date of service of the notice shall be
				  considered to be the date the notice was mailed or the date transmitted by
				  electronic means, or absent proof of the date of mailing or delivery through
				  electronic means, the date of actual delivery. The agency shall prepare a
				  certificate of service, or provide reliable means, to show proof of the date of
				  mailing, transmittal by electronic means, or hand delivery. The employee
				  grieving reprisal action shall begin the agency grievance procedure within
				  fifteen working days from the date of the reprisal action. Failure to begin the
				  procedure within time limitations may cause the employee to lose the right to
				  appeal to human resource management services. The agency appointing authority
				  or designee, for good cause shown, may waive the time limitations for filing a
				  grievance. Good cause means those circumstances that reasonably and without any
				  fault on the part of the grievant prevented the filing of a grievance in a
				  timely fashion. In no event may a grievance be deemed timely after sixty days
				  have elapsed from the date of the employer action.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.1 - Appeals of Employer Actions › Section 4-07-20.1-05 - Waiver of agency grievance procedure

Current through Supplement No. 393, July, 2024
A waiver of the agency grievance procedure is allowed by
				  mutual agreement of the employee and appointing authority. The waiver must be
				  signed by both parties within fifteen working days of the employer action. Upon
				  obtaining the waiver, the employee may appeal directly to human resource
				  management services in accordance with section
				  4-07-20.1-08. An additional fifteen
				  working days is not available if the requested waiver is denied.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.1 - Appeals of Employer Actions › Section 4-07-20.1-06 - A regular employee may appeal to human resource management services

Current through Supplement No. 393, July, 2024
A regular employee may appeal an employer action to human
				  resource management services if:
1.
				The employee has processed a grievance through the agency grievance procedure
				and is dissatisfied with the result;
2. The employee and the appointing authority
				have agreed to a waiver of the agency grievance procedure; or
3. The agency has not established a grievance
				procedure or has failed to respond to a grievance in a timely manner.
No other employer actions except as defined in this chapter
				  or otherwise specifically provided by administrative rule are appealable to
				  human resource management services.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.1 - Appeals of Employer Actions › Section 4-07-20.1-07 - Limitations for reduction-in-force appeal

Current through Supplement No. 393, July, 2024
A regular employee may appeal a reduction-in-force only on
				  the basis that the agency did not utilize a uniform comparative analysis as
				  required by section
				  4-07-11-03 or that the
				  reduction-in-force was conducted in a discriminatory manner that would violate
				  the state's policy against discrimination as stated in North Dakota Century
				  Code section
				  14-02.4-01. A former regular
				  employee who was reduced in force may appeal a denial of reemployment only on
				  the basis that the agency did not follow section
				  4-07-11-07 or that the denial of
				  reemployment was conducted in a discriminatory manner that would violate the
				  state's policy against discrimination as stated in North Dakota Century Code
				  section 14-02.4-01. The assessment of
				  whether an individual meets the qualifications necessary for successful
				  performance shall remain with the agency.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.2 - Appeals of Discrimination › Section 4-07-20.2-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter applies to applicants for positions classified
				  by human resource management services, probationary employees or regular
				  employees in classified positions who want to appeal reprisal or who want to
				  appeal discrimination in employment because of race, color, religion, sex,
				  national origin, age, genetics, the presence of any mental or physical
				  disability, status with respect to marriage or public assistance, participation
				  in lawful activity off the employer's premises during nonworking hours which is
				  not in direct conflict with the essential business-related interests of the
				  employer, or political opinions or affiliations.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.2 - Appeals of Discrimination › Section 4-07-20.2-01.1 - Employees not in the classified service may appeal claims of reprisal

Current through Supplement No. 393, July, 2024
This chapter also applies to employees not in the classified
				  service who appeal a claim of reprisal under subsection 5 of North Dakota
				  Century Code section
				  34-11.1-04.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 34-11.1-04(5)
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.2 - Appeals of Discrimination › Section 4-07-20.2-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 54-44.3, except:
1. "Applicant" means a person who has applied for a position
				  classified by human resource management services and who has complied with the
				  application procedures required by the employing agency.
2. "Date of service" means the date the notice was mailed or
				  the date transmitted by electronic means, or absent proof of the date of
				  mailing or delivery of electronic means, the date of actual delivery.
3. "Regular employee" means a person who has completed the
				  probationary period and who is or was in a position classified by human
				  resource management services at the time the alleged action occurred.
4. "Working days" means Monday through Friday exclusive of
				  holidays.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 54-44.3-12.2
North Dakota Administrative Code › Title 4 - Management and Budget, Office of › Article 4-07 - Organization of Human Resource Management Services › Chapter 4-07-20.2 - Appeals of Discrimination › Section 4-07-20.2-03 - Statutory definitions

Current through Supplement No. 393, July, 2024
Unless otherwise defined, or made inappropriate by context,
				  all words used in this chapter have meanings given to them under North Dakota
				  Century Code chapter 14-02.4 and subsection 5 of North Dakota Century Code
				  section 34-11.1-04.
General Authority: NDCC
					 54-44.3-12(1)
Law Implemented: NDCC
					 34-11.1-04(5),
					 54-44.3-12.2