reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-711.05 - LEAVE APPROVAL

Current through Register Vol. 48, No. 6, June 28, 2024
Under guidelines established by the Budget and Control Board,
				  the agency head of the employing agency may, upon receiving a completed
				  request, review all necessary information and approve recipients from within
				  the agency to participate in the leave transfer program. Unless the personal
				  emergency involves a medical condition affecting the leave recipients, the
				  employing agency may consider the likely impact on morale and efficiency within
				  the agency in approving a leave recipient to use transferred
				  leave.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-711.06 - NO ADMINISTRATIVE OR JUDICIAL APPEAL

Current through Register Vol. 48, No. 6, June 28, 2024
The decisions of the agency head of the employing agency are
				  final, and there is no administrative or judicial appeal of the
				  decisions.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-711.07 - USE OF SICK OR ANNUAL LEAVE

Current through Register Vol. 48, No. 6, June 28, 2024
A. Leave
				taken under this regulation may qualify for the Family Medical Leave Act (FMLA)
				and, if so, will run concurrently.
B. Under guidelines established by the Budget
				and Control Board, the employing agency may transfer all or any portion of the
				sick leave in the pool account to the sick leave account of the leave
				recipient, and all or any portion of the annual leave in the pool account to
				the annual leave account of the leave recipient.
C. Upon approval of a request, an employee
				may use sick or annual leave from the appropriate pool account in the same
				manner and for the same purposes as if the employee had earned the leave in the
				manner provided by law.
D. Sick or
				annual leave earned by the leave recipient must be used before using any leave
				from a leave transfer pool.
E. Sick
				or annual leave transferred under this program may be substituted retroactively
				for periods of leave without pay or used to liquidate indebtedness for advanced
				sick leave.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-711.08 - WHEN PERSONAL EMERGENCY TERMINATES

Current through Register Vol. 48, No. 6, June 28, 2024
A. The personal emergency affecting a leave
				recipient terminates when either the employing agency determines that the
				personal emergency no longer exists or either the leave recipient separates
				from employment.
B. The employing
				agency shall monitor continuously the status of the personal emergency
				affecting the leave recipient and establish procedures to ensure that the leave
				recipient is not permitted to receive or use transferred sick or annual leave
				from a pool account after the personal emergency terminates.
C. When the personal emergency terminates,
				the employing agency may not grant further requests for transfer of leave to
				the leave recipient's leave account. When the personal emergency affecting a
				leave recipient terminates, any transferred sick or annual leave remaining must
				be restored to the appropriate pool account by completing a Leave Restoration
				Form.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-711.09 - SEPARATION FROM EMPLOYMENT

Current through Register Vol. 48, No. 6, June 28, 2024
Transferred sick or annual leave from a pool account
				  remaining when the leave recipient separates from employment must be restored
				  to the appropriate pool account by the completion of a Leave Restoration Form.
				  Upon separation from employment, transferred leave from a pool account must not
				  be transferred to another employee, included in a lump sum payment for earned
				  leave, or included in the leave recipient's total service for retirement
				  computation purposes.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-712 - OTHER LEAVE PROGRAMS

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the leave programs, other than annual
				  and sick leave and holidays.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-712.01 - OTHER LEAVE TYPES

Current through Register Vol. 48, No. 6, June 28, 2024
Leave taken under this regulation may qualify as Family and
				  Medical Leave Act (FMLA) leave and, if so, will run concurrently.
A. Administrative Leave
State employees in full-time equivalent (FTE) positions who
				  are physically attacked while in the performance of official duties and suffer
				  bodily harm as a result of the attack must be placed on administrative leave
				  with pay by their employers rather than sick leave. The period of
				  administrative leave for each incident may not exceed 180 calendar days. Denial
				  of the use of administrative leave by the agency will be grounds for review by
				  the Office of Human Resources (OHR) upon request of the employee.
				  Administrative review by OHR will be final.
B. Adoption Leave (Refer to Regulation
				19-710.04 B. 7.)
C. American Red
				Cross Certified Disaster Service Leave
An employee who is a certified disaster service volunteer for
				  the American Red Cross may use up to 10 days of paid leave in a calendar year
				  to participate in specialized disaster relief services with the approval of the
				  agency designee.
D. Blood
				Drive and Donation Leave
1. Agencies may
				periodically arrange volunteer blood drives for their employees. The blood
				drives may be held at the times and places as may be determined by the agency
				head. The agency's employees are permitted to participate in the blood drive
				during their work hours without using sick and annual leave.
2. An employee desiring to donate blood at a
				time, other than an agency arranged volunteer blood drive, must be excused from
				work by his agency during the employee's regular work hours for the purpose of
				making the donation without prejudice to the employee and no leave or makeup
				time may be required. Any employee desiring to donate blood as provided in
				Section
				8-11-175
				of the South Carolina Code of Laws shall notify his agency of the scheduled
				donation and the amount of time needed for the donation as far in advance as
				may be practicable. The agency may deny the employee's request for time to
				donate if the absence of the employee would create an extraordinary burden on
				the agency. In considering the employee's request, the agency shall take into
				consideration such factors as the necessity and type of blood donation, and any
				other factor the agency considers appropriate. The agency may, as condition of
				approving the request, require the employee to provide documentation of the
				donation.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-712.02 - OTHER LEAVE RECORDS

Current through Register Vol. 48, No. 6, June 28, 2024
A. The agency
				shall maintain all leave records for each employee eligible for such leave.
				Such records must include the number of leave hours used during the current
				calendar year.
B. Leave records
				shall be reviewed by or reported to the employee no less than once per calendar
				year and be supported by individual leave requests.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-713 - DUAL EMPLOYMENT

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs how employees in full-time equivalent
				  (FTE) positions may accept additional temporary, part-time employment with the
				  same or another agency.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-713.01 - STATEMENTS OF POLICY

Current through Register Vol. 48, No. 6, June 28, 2024
A. General
				Provisions
1. In accordance with this
				regulation, agencies may develop internal dual employment policies.
2. Dual employment shall be limited in
				duration to the specific time frame approved which cannot exceed 12
				months.
3. The practice of dual
				employment should not be used to provide higher continuing salaries than those
				approved by the Budget and Control Board. An employee engaged in dual
				employment shall satisfy the requirements of the established hours of work for
				the employing agency.
4. No agency
				head may be dually employed by another agency or institution of higher
				education without prior approval by the Agency Head Salary Commission and the
				Budget and Control Board.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-714 - GOVERNMENT EMPLOYEES INTERCHANGE PROGRAM

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the authority for administering an
				  interchange program for government employees to facilitate short term
				  assignments between or among federal, state, or local
				  governments.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-714.01 - STATEMENTS OF POLICY

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Budget
				and Control Board has delegated to the State Human Resources Director the
				authority to administer an Interchange of Government Employees Program as
				provided in Section
				8-12-60 of the South
				Carolina Code of Laws.
B. Agencies
				should refer to the Government Employees Interchange Program guidelines
				developed by the Office of Human Resources (OHR) for instructions on preparing
				an interchange agreement.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-715 - EMPLOYEE PERFORMANCE EVALUATION SYSTEMS

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the establishment and administration
				  of employee performance evaluation systems for employees.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-715.01 - STATEMENTS OF POLICY

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Office
				of Human Resources (OHR) shall develop an EPMS model policy to assist an agency
				in its policy development. The Office of Human Resources must review and
				approve each agency's EPMS policy.
B. Each agency shall develop an Employee
				Performance Management System that functions as an effective management tool
				within the agency, supports continuous communication between supervisors and
				employees, and provides a sound process for the evaluation of the performance
				and productivity of its employees.
C. Teaching and research faculty,
				professional librarians, academic administrators, and all other persons holding
				faculty appointments at post-secondary educational institutions, including any
				branch campuses, shall not be covered by these regulations but shall be
				governed by Section
				8-17-380
				of the South Carolina Code of Laws.
D. Agency heads and other unclassified
				positions exempt from the State Employee Grievance Procedure Act are also
				exempt from the Employee Performance Management System. However, these
				employees shall be given annual performance evaluations.
E. The State Human Resources Director shall
				have the authority to make exceptions to these regulations.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-715.02 - ESTABLISHING AND MAINTAINING PERFORMANCE REVIEW DATES

Current through Register Vol. 48, No. 6, June 28, 2024
A. A performance review date is the first day
				which marks the beginning of a new review period. If an employee does not
				receive a performance evaluation prior to the performance review date, the
				employee shall receive a "meets performance requirements" rating by
				default.
B. In Probationary Status
				(Refer to Regulation Regulation
				19-704.)
1. Upon initial employment or reemployment,
				the performance review date shall be established as:
a. Twelve months from the date of an initial
				employment or reemployment;
b. The
				academic year for instructional personnel; or
c. Not more than two full academic years
				duration for faculty at State technical colleges.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-715.03 - ESTABLISHING AND MAINTAINING PERFORMANCE REVIEW DATES FOR EMPLOYEES IN THE EXECUTIVE COMPENSATION SYSTEM

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				For Employees Covered by the State Employee Grievance Procedure Act
Upon completion of a probationary or trial period, the
				  performance review date of a covered employee in the Executive Compensation
				  System shall be reestablished on July 1.
B. Employees Exempt From Coverage by the
				State Employee Grievance Procedure Act
Annual performance evaluations shall be completed by July 1
				  for employees in the Executive Compensation System who are exempt from coverage
				  by the State Employee Grievance Procedure Act. Such employees do not serve a
				  probationary period or a trial period.
C. Exception--The performance review date for
				the above categories of employees shall be July 1, unless the agency adopts a
				universal performance review date in its written EPMS policy.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-715.04 - ESTABLISHING AND MAINTAINING PERFORMANCE REVIEW DATES FOR AGENCY HEADS

Current through Register Vol. 48, No. 6, June 28, 2024
Annual performance evaluations shall be completed by July 1
				  for agency heads.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-716 - STAFF DEVELOPMENT AND TRAINING

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs staff development and training
				  programs for agencies but does not affect sabbatical leave for academic
				  personnel.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-716.01 - STATEMENTS OF POLICY

Current through Register Vol. 48, No. 6, June 28, 2024
A. An agency
				may sponsor training for employees to improve or secure those skills necessary
				for the efficient and effective operations of the agency and to ensure
				uniformity in the administration of staff development and training programs
				throughout the State service.
B.
				The agency head or his designee shall be responsible for the administration of
				staff development and training within the agency.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-716.02 - EDUCATIONAL LEAVE

Current through Register Vol. 48, No. 6, June 28, 2024
An employee is encouraged to schedule classes during off-duty
				  hours, whenever possible. When a class cannot be scheduled during off-duty
				  hours, the agency may adjust the employee's work schedule, if doing so will not
				  interfere with normal efficient operations of the agency. When a class cannot
				  be scheduled during off-duty hours, and the agency cannot feasibly adjust the
				  work schedule of an employee, an employee may be allowed to take annual leave
				  or be granted leave without pay in order to attend classes.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-716.03 - REQUIRED COURSES

Current through Register Vol. 48, No. 6, June 28, 2024
An agency may require an employee to take a specific course
				  that will help improve the employee's performance in the present position or
				  acquire skills necessary to perform additional job duties to meet agency needs.
				  If required, the agency will then pay all costs of the course, including
				  tuition, fees, books, and examinations. An agency shall not pay for courses
				  required to attain nor to maintain a professional license unless related to the
				  performance of the employee's job duties. Attendance at required courses may
				  constitute work time.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-716.04 - TUITION ASSISTANCE

Current through Register Vol. 48, No. 6, June 28, 2024
A. Agencies
				may provide tuition assistance to employees based on the guidelines recommended
				by the Office of Human Resources (OHR) and approved by the Budget and Control
				Board.
B. When staff development
				and training needs cannot be accomplished within the Tuition Assistance
				Guidelines, the agency may submit a proposal to the Budget and Control Board
				for approval.
1. Approval of the proposal by
				the Budget and Control Board must precede the selection of employees for
				training. Each proposal shall include the following information:
a. Program justification based on agency
				needs;
b. Description of the
				courses;
c. All classes and the
				number of positions in each class in the requested program;
d. Fiscal year cost estimates for
				participation in the requested program; and
e. A service commitment and payback
				agreement.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-717 - DISCIPLINARY ACTIONS

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the administration of progressive
				  discipline for employees in full-time equivalent (FTE)
				  positions.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-717.01 - STATEMENTS OF POLICY

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Office
				of Human Resources (OHR) shall develop a progressive discipline model policy to
				assist an agency in its policy development. The Office of Human Resources must
				review and approve each agency's progressive discipline policy.
B. Each agency shall develop a progressive
				discipline policy and establish procedures that will ensure timely and
				equitable treatment of employees' behavioral deficiencies and breaches of
				conduct.
C. Whenever possible,
				coaching and counseling should precede any disciplinary action.
D. Each agency's progressive discipline
				policy should provide for the following types of disciplinary actions:
1. Oral Reprimand
2. Written Reprimand
3. Suspension
4. Termination
An agency may also use reassignments, reclassifications,
				  unclassified State title changes, and demotions as types of disciplinary
				  actions.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718 - STATE EMPLOYEE GRIEVANCES AND APPEALS

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation sets forth the procedures for grievances and
				  appeals under the State Employee Grievance Procedure Act (the Act), codified at
				  Section
				  8-17-310
				  through Section
				  8-17-370 of the South
				  Carolina Code of Laws, as amended.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.01 - STATEMENTS OF POLICY

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Office
				of Human Resources (OHR) shall develop a grievance model policy to assist an
				agency in its policy development. The Office of Human Resources must review and
				approve each agency's grievance policy.
B. Each agency shall develop a grievance
				policy and established procedures that will ensure timely and equitable
				treatment for the review of the employee's grievances.
C. All covered employees are eligible to
				initiate a grievance or an appeal as specified in the Act.
D. Teaching and research faculty,
				professional librarians, academic administrators, and all other persons holding
				faculty appointments at post-secondary educational institutions, including any
				branch campuses, shall not be covered by these regulations but shall be
				governed by Section
				8-17-380
				of the South Carolina Code of Laws.
E. No employee shall be disciplined or
				otherwise prejudiced in employment for exercising rights or testifying under
				the Act.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.02 - INTERNAL AGENCY GRIEVANCE PROCEDURES

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each notice of an employment action that
				may constitute a grievance under the Act should be in writing. A voluntary
				acceptance of such an action on the part of a covered employee should also be
				in writing. The notice must advise the covered employee of the action taken
				and, except in cases where the action is voluntary as evidenced by a signed
				statement by the covered employee, should advise of the covered employee's
				right to initiate a grievance.
B.
				Each agency shall establish written internal agency grievance procedures. All
				provisions shall comply fully with the Act and, as provided for in the Act, be
				submitted to OHR for approval.
C.
				Each agency shall ensure that each covered employee is afforded access to a
				copy of the agency's internal agency grievance procedures.
D. Each agency shall ensure that grievance
				information is recorded accurately and timely as required by the Office of
				Human Resources.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.03 - COVERED EMPLOYEES AND THEIR REPRESENTATIVES

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Covered employee" means a full-time or
				part-time employee occupying a part or all of an established full-time
				equivalent (FTE) position who has completed the probationary period and has a
				"meets" or higher overall rating on the employee's performance evaluation and
				who has grievance rights. Instructional personnel are covered upon the
				completion of one academic year except for faculty at State technical colleges
				of not more than two full academic years' duration. If an employee does not
				receive an evaluation before the performance review date, the employee must be
				considered to have performed in a satisfactory manner and be a covered
				employee. This definition does not include employees in positions such as
				temporary, temporary grant, or time-limited employees who do not have grievance
				rights.
B. Throughout the grievance
				and appeal process, each covered employee may be represented and advised by
				counsel or other representative or be self-represented.
C. The Act exempts certain employees from its
				provisions as noted in Section
				8-17-370 of the South
				Carolina Code of Laws.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.05 - APPEALS TO THE STATE HUMAN RESOURCES DIRECTOR

Current through Register Vol. 48, No. 6, June 28, 2024
A. If a covered employee is not satisfied
				with the agency's final decision concerning his grievance, he may appeal, after
				all administrative remedies to secure relief within the agency have been
				exhausted, to the State Human Resources Director who will determine whether to
				dismiss the appeal or remand or forward the appeal for further
				action.
B. A covered employee who
				wishes to appeal the decision of the agency grievance procedure to the State
				Human Resources Director shall file an appeal within ten calendar days of
				receipt of the decision from the agency head or his designee or within 55
				calendar days after the employee files the grievance with the agency, whichever
				occurs later. The covered employee or the employee's representative shall file
				the request in writing with the State Human Resources Director. Failure to file
				an appeal with the State Human Resources Director within ten calendar days of
				the agency's final decision or 55 calendar days from the initial grievance,
				whichever occurs later, constitutes a waiver of the right to appeal. The time
				periods for appeal to the State Human Resources Director may not be
				waived.
C. The Office of Human
				Resources shall develop standard forms to be used in all appeal
				procedures.
D. Upon receipt of an
				appeal from a covered employee, the State Human Resources Director shall:
1. Acknowledge receipt of the appeal and
				require that the covered employee submit a standard appeal application
				form;
2. Upon receipt of the
				standard appeal application form, notify the agency to furnish the State Human
				Resources Director a copy of all records, reports, and documentation of the
				earlier proceedings on the grievance within 15 calendar days following the
				request, unless an extension is granted; and
3. Determine whether the appeal is timely and
				complies with the jurisdictional requirements of the Act.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.06 - MEDIATION PRIOR TO STATE EMPLOYEE GRIEVANCE COMMITTEE HEARINGS

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Mediation"
				means an alternative dispute resolution process whereby a mediator who is an
				impartial third party acts to encourage and facilitate the resolution of a
				dispute without prescribing what it should be. The process is informal and
				nonadversarial with the objective of helping the disputing parties reach a
				mutually acceptable agreement.
B.
				Once an appeal has been made to the State Human Resources Director and has been
				determined to meet the jurisdictional requirements for an appeal to be
				forwarded to the Committee, the State Human Resources Director shall appoint a
				mediator to the appeal of the following adverse employment actions:
				terminations, salary decreases based on performance, demotions, suspensions for
				more than ten days, and reductions in force when the State Human Resources
				Director determines there is a material issue of fact regarding inconsistent or
				improper application of the agency's reduction in force plan or
				policy.
C. The mediator:
1. Shall review the documents which have been
				submitted by each party to the State Human Resources Director and schedule
				time(s) and location(s) to meet with both parties, jointly or independently, to
				attempt to resolve the matter;
2.
				Has sole authority to determine whether the meeting includes the parties with
				their representatives, jointly or independently;
3. Should determine when the mediation is not
				viable, that an impasse exists, or that the mediation should end but the
				mediation cannot be unilaterally ended without the permission of the mediator;
				and
4. Should notify each party in
				writing as to the status of the mediation process no later than ten calendar
				days prior to the scheduled Committee hearing.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.09 - APPELLATE REVIEW OF ANY FINAL DECISION

Current through Register Vol. 48, No. 6, June 28, 2024
Either party may seek appellate review to the Administrative
				  Law Court from a final decision by the State Human Resources Director denying
				  an appeal or by the State Employee Grievance Committee or
				  mediator-arbitrator.
A. A notice of
				appeal seeking appellate review to the Administrative Law Court must be
				initiated within 30 calendar days from receipt of the decision.
B. A notice of appeal seeking appellate
				review of the final decision may be made by the covered employee to the
				Administrative Law Court as provided in Sections
				1-23-380(B)
				and
				1-23-600(D)
				of the South Carolina Code of Laws.
C. Only after an agency submits a written
				request to OHR seeking approval of the Budget and Control Board may the agency
				file a notice of appeal seeking appellate review to the Administrative Law
				Court. However, the agency may perfect the appeal only upon approval of the
				Board.
D. The covered employee or
				the agency who first files the notice of appeal seeking appellate review of a
				Committee decision is responsible for preparation of a transcript and paying
				the costs of preparation of a transcript of the hearing required for
				certification of the record to the Administrative Law Court.
E. The record for appellate review of a
				decision made by a mediator-arbitrator shall be limited to the documents which
				have been submitted by each party and the final written decision of the
				mediator-arbitrator.
F. The covered
				employee or the agency who first files the notice of appeal seeking appellate
				review of a final decision by (1) the State Human Resources Director denying an
				appeal; (2) the State Employee Grievance Committee; (3) a mediator-arbitrator,
				is responsible for any costs associated with providing the certification of
				record for the Administrative Law Court.
G. Neither the Board nor OHR nor the State
				Human Resources Director nor the Committee nor the mediator-arbitrator may be
				named in the notice of appeal to the Administrative Law Court to be allowed to
				intervene to participate in the appeal for appropriate reasons including their
				interest in defending their policies.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.10 - COMPUTATION OF BACK PAY

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Reinstatement of pay resulting from a reversed disciplinary action shall be
				less any other related income, such as unemployment compensation, workers'
				compensation, State retirement benefits, and wages, received during the period
				of time in which the pay was deducted and shall be accomplished in the
				following manner:
1. The covered employee
				shall submit to the agency a notarized statement of any wages earned during the
				interim period of disciplinary action;
2. The agency shall submit a written request
				for the covered employee's reinstatement of pay and a statement of back pay
				due, less any other related income, such as unemployment compensation, workers'
				compensation, State retirement benefits, and wages, to the State Human
				Resources Director;
3. Any
				unemployment compensation earned by the employee will be verified by OHR
				through the South Carolina Department of Employment and Workforce. The amount
				of unemployment compensation provided by the South Carolina Department of
				Employment and Workforce will be used in determining the final back pay
				amount;
4. The computation of back
				pay must be in accordance with guidelines provided by the Office of the
				Comptroller General; and
5. The
				State Human Resources Director must approve the amount of reinstatement pay due
				the employee. That approval is not subject to administrative appeal and will
				constitute the final administrative decision.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-718.11 - APPROVAL OF PERSONNEL SETTLEMENTS

Current through Register Vol. 48, No. 6, June 28, 2024
It is the policy of the Budget and Control Board that
				  personnel settlement proposals be presented to the Board for approval as
				  outlined in the following:
A. In all
				situations where a personnel settlement has not been negotiated or approved by
				the Office of the Attorney General under a plan approved by the Office of the
				Attorney General;
B. In all human
				resources-related matters, after review and recommendation by the State Human
				Resources Director, excluding settlements which have been negotiated and
				approved by the Workers' Compensation Commission, South Carolina Department of
				Employment and Workforce, or South Carolina Human Affairs Commission;
				and
C. In all other situations
				where specific approval of the Budget and Control Board would be necessary to
				disburse funds mentioned under the settlement proposal.
1. All personnel settlement proposals shall
				contain such information as the Budget and Control Board or its designee
				specifies.
2. The State Human
				Resources Director may review and approve any personnel settlement of $10,000
				or less.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-719 - SEPARATION FROM STATE SERVICE

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs how the State government employment
				  relationship may end.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-719.01 - CONTINUOUS STATE SERVICE AND BREAK IN SERVICE

Current through Register Vol. 48, No. 6, June 28, 2024
A. Continuous State Service
Continuous State service is service with one or more agencies
				  without a break in service.
B. Break in Service
An employee experiences a break in service when the
				  employee:
1. Separates from State
				service and is paid for unused annual leave.
Exception--When an employee moves from a position in which
				  the employee earns both annual and sick leave to a position in which the
				  employee only earns sick leave. All earned sick leave shall be transferred in
				  accordance with Regulation
				  19-710.05
				  A.
2. Moves from one State
				agency to another and is not employed with the receiving agency within 15
				calendar days following the last day worked (or approved day of leave) at the
				transferring agency.
Exception--Under extenuating circumstances an agency head may
				  approve an extension from 15 calendar days up to but not in excess of six
				  months for an employee in a full-time equivalent (FTE) position to be employed
				  in another FTE position within State government without having a break in
				  service. The approval must be made prior to the employee receiving a lump sum
				  payment for unused annual leave and within 15 days of the last day the employee
				  is in pay status.
3.
				Remains on leave for a period of more than one calendar year.
Exceptions
a. The
				employee is on a military tour of duty with reemployment rights protected under
				federal or State law.
b. The
				employee is participating in the Government Employees Interchange Program as
				provided in Regulation
				19-714.
c. The employee is on disability leave
				without pay that has been extended by the Office of Human Resources
				(OHR).
d. The employee is an
				academic personnel at an institution of higher learning on sabbatical
				leave.
4. Separates from
				State service as a result of a reduction in force and is not recalled to the
				original position or reinstated with State government within 12 months of the
				effective date of the separation.
5. Involuntarily separates from State service
				and the agency's decision is upheld by the State Employee Grievance Committee
				or by the courts.
6. Moves from an
				FTE position to a temporary, temporary grant, or time-limited position.
				Exception--When an employee in an FTE position moves to a temporary, temporary
				grant, or time-limited position within 15 calendar days following the last day
				worked (or approved day of leave) during the employee's TERI program period, he
				does not experience a break in service.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-719.02 - RESIGNATION

Current through Register Vol. 48, No. 6, June 28, 2024
A. An employee may
				resign orally or in writing. Such notification of resignation should be
				accepted by the agency in the same manner as provided, whether written or oral,
				and an oral acceptance of a resignation should be generally confirmed in
				writing. Once an employee's resignation is accepted, it may not be withdrawn,
				cancelled, or amended without consent of the agency head or his
				designee.
B. Resignations should be
				given to provide a minimum of two weeks notice.
C. Any employee who voluntarily submits a
				written resignation may not grieve or appeal under the State Employee Grievance
				Procedure Act.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-719.03 - TERMINATION

Current through Register Vol. 48, No. 6, June 28, 2024
For purposes of the State Employee Grievance Procedure Act,
				  termination is the action taken by an agency against an employee to separate
				  the employee involuntarily from employment.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-719.04 - REDUCTION IN FORCE

Current through Register Vol. 48, No. 6, June 28, 2024
A. Statements of
				Policy
1. The Office of Human Resources shall
				develop a reduction in force model policy to assist an agency in its policy
				development. The Office of Human Resources must review and approve each
				agency's reduction in force policy.
2. Each agency shall develop a reduction in
				force policy. This requirement shall not apply to academic personnel. However,
				each institution of higher learning or medical institution of education and
				research shall develop a policy outlining the criteria for a reduction in force
				for these employees.
3. Technical
				colleges are required to have a reduction in force policy.
4. Employees on authorized leave are eligible
				to compete in a reduction in force as if they are not on leave.
5. When a covered employee is assigned lower
				level responsibilities or demoted as a result of a reduction in force
				implemented due to budgetary reductions, the employee's salary may be reduced
				on the effective date of the reduction in force. The agency head or his
				designee, at his discretion, may reduce the employee's salary to a salary
				either between 0%-15% below the employee's current salary or between the
				employee's current salary and the midpoint of the lower pay band. In exercising
				this discretion, the agency head or his designee may use the option which
				results in the greatest cost savings.
(Note: Regulation Regulation 19-719.04 A. 5. only applies to
				  decreases in salary as a result of a reduction in force implemented due to
				  budgetary reductions and is an exception to salary decreases when a covered
				  employee is assigned lower level responsibilities or demoted as listed in
				  Regulation 19-705 and 19-706.)
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-719.05 - EXIT INTERVIEWS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each
				agency should establish a procedure for obtaining separation information from
				each employee who separates from State service. This procedure should include
				an exit interview to reflect the specific reasons for the employee's
				separation. A reasonable effort should be made to interview the employee to
				obtain the information.
B. Each
				agency should maintain and summarize a general file on all exit interviews for
				review by management.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-719.06 - ANNUAL AND SICK LEAVE UPON SEPARATION

Current through Register Vol. 48, No. 6, June 28, 2024
A. Regulation Regulation
				19-709.05
				explains the applicable annual leave provisions when an employee separates from
				State service.
B. Regulation
				Regulation
				19-710.06
				explains the applicable sick leave provisions when an employee separates from
				State service.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-720 - RECORDKEEPING

Current through Register Vol. 48, No. 6, June 28, 2024
Scope and Purpose
This regulation governs the recordkeeping requirements for
				  human resources programs.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-720.01 - STATEMENT OF POLICY

Current through Register Vol. 48, No. 6, June 28, 2024
Each agency shall establish and maintain all records required
				  by State law or the Office of Human Resources (OHR) concerning human resources
				  programs.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-720.02 - EMPLOYEE RECORDS

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each agency
				shall establish and maintain an official human resources file for each employee
				which shall include, but not necessarily be limited to, the following:
1. Employment application;
2. All human resources actions reflecting the
				employee's work history with the agency;
3. Documentation directly related to the
				employee's work record; and
4. All
				performance evaluations.
(Refer to Regulation 19-707.02 J. 3.)
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-720.03 - RECORDS RELEASE

Current through Register Vol. 48, No. 6, June 28, 2024
A. In response
				to requests for information from human resources records, agencies may provide,
				pursuant to the Freedom of Information Act, an employee's name, date of
				employment, title, sex, and race. The determination to disclose other types of
				information should be made on a case by case basis. Requests for salary
				information should be answered in accordance with the Freedom of Information
				Act. (Refer to Regulation 19-703.05.)
B. In responding to requests for information
				concerning current or former employees by prospective employers under Section
				41-1-65
				of the South Carolina Code of Laws, agencies may provide information as
				follows:
1. Agencies responding to oral
				requests for information may disclose an employee's or former employee's dates
				of employment, pay level, and wage history.
2. Agencies responding to written requests
				may disclose the following information to which an employee or former employee
				may have access:
a. Written employee
				evaluations;
b. Official human
				resources notices that formally record the reasons for separation;
c. Whether the employee was voluntarily or
				involuntarily released from service and the reason for the separation;
				and
d. Information about job
				performance.
3. Agencies
				shall not knowingly or recklessly release or disclose false
				information.
4. Responses to
				requests under Section
				41-1-65
				of the South Carolina Code of Laws should be considered in conjunction with the
				Freedom of Information Act.
South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-720.04 - CENTRAL HUMAN RESOURCES DATA SYSTEM

Current through Register Vol. 48, No. 6, June 28, 2024
Refer to Regulation 19-701.05.