reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-10 - Probationary Period

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Nature,
				Purpose, and Duration.
10.1.a. The
				probationary period is a trial work period designed to allow the appointing
				authority an opportunity to evaluate the ability of the employee to effectively
				perform the work of his or her position and to adjust himself or herself to the
				organization and program of the agency. It is an integral part of the
				examination process and the appointing authority shall use the probationary
				period for the most effective adjustment of a new employee and the elimination
				of those employees who do not meet the required standards of work.
10.1.b. Appointing authorities shall make all
				original appointments to permanent positions in the classified service from
				officially promulgated registers for a probationary period of not more than one
				(1) year. The Board shall fix the length of the probationary period for each
				class of position. The appointing authority shall notify the Director when a
				probationary period has been completed and permanent status has been granted.
				This subdivision shall not be construed to prohibit application of time served
				in a provisional status to completion of a probationary period. The period of
				provisional appointment may apply toward completion of the probationary period
				only for that part served continuously, in the same class, and immediately
				prior to an original appointment. However, it is the responsibility of the
				appointing authority to state in writing at the time permanent status is being
				granted that the time served in a provisional status has been applied toward
				completion of a probationary period.
10.1.c. Time spent by probationary employees
				on unpaid leave of absence, disciplinary suspension, or non-disciplinary
				suspension resulting in separation from employment through resignation,
				transfer or dismissal extends the probationary period
				correspondingly.
10.1.d. The
				probationary period for part-time employees shall be for an equal amount of
				time based on the full-time equivalent as that for a full-time employee in the
				same classification [i.e., a six-month probationary period for a 50% full-time
				equivalent part-time employee would be twelve (12) months].
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-11 - Promotions, Demotions and Transfers

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Method of Making Promotions.
11.1.a. In filling vacancies, appointing
				authorities shall make an effort to achieve a balance between promotion from
				within the service and the introduction into the service of qualified new
				employees. Whenever practical and in the best interest of the service, an
				appointing authority may fill a vacancy by promotion, after consideration of
				the eligible permanent classified employees in the agency or in the classified
				service based on demonstrated capacity and quality and length of
				service.
11.1.b. The Director must
				certify that a candidate for promotion possesses the qualifications for the
				position as set forth in the specifications for the class of position for which
				he or she is a candidate, and the appointing authority may require the
				candidate to qualify for the new position by a promotional competitive or
				non-competitive examination administered by the Director.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-12 - Separations, Suspension, and Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Resignation.
12.1.a. An employee who resigns shall present
				the reasons for the resignation in writing to the appointing authority. The
				appointing authority shall forward a copy of the resignation to the Director
				who shall record the resignation. If a written resignation cannot be obtained,
				the appointing authority shall notify the Director in writing of the
				resignation of the employee and the circumstances of the resignation.
12.1.b. The appointing authority shall notify
				the Director when an employee resigns in lieu of being dismissed. Such notice
				shall specify the reasons for the intended dismissal. Employees informed of
				contemplated dismissal who choose to resign prior to issuance of formal notice
				or employees permitted to resign through settlement after being dismissed are
				considered to have not separated in good standing, and the employee is
				ineligible for reinstatement and may be disqualified from employment in the
				classified service as provided in subsection 6.4 of this rule. Provided, that
				employees resigning in lieu of dismissal for failure to return to work from
				medical leave of absence without pay, maintain required licensure, or meet
				probationary performance expectations shall not be disqualified from future
				employment except as provided in subdivision 10.5.b of this rule.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-13 - Reconsideration

Current through Register Vol. XLI, No. 28, July 12, 2024
Any applicant or employee may request that the Director
				  reconsider a decision which directly affects the applicant or employee. Unless
				  otherwise specified in this rule, the request must be submitted in writing
				  within fifteen (15) days of the applicant's or employee's notification of the
				  decision. Within thirty (30) days of receipt of the applicant's or employee's
				  request for reconsideration, the Director shall notify the applicant or
				  employee of his or her decision.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-15 - Performance Evaluations

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director, after consultation with the appointing
				  authorities, and with the approval of the Board, shall establish and make
				  effective a system of performance evaluation designed to provide a valid
				  evaluation of the quality and quantity of work performed by employees. Insofar
				  as practicable, the system of performance evaluation in the classified service
				  shall be standardized. The appointing authority shall prepare and record
				  evaluations for all permanent employees at regular intervals not to exceed
				  twelve (12) months. The appointing authority shall consider performance
				  evaluations as well as other recorded indicators of performance in determining
				  salary advancements and in making promotions, demotions, and dismissals. The
				  appointing authority shall notify an employee of his or her performance
				  evaluation in writing and shall retain copies of performance evaluations in the
				  employee's personnel record.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-17 - Employment Conflicts

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Other
				Employment and Certain Volunteer Activity. -- Employees shall not hold other
				public office, secondary employment or participate in voluntary activity
				conflicting with their employment in the classified service. Determination of
				the conflict shall be made jointly by the appointing authority and the Board,
				or may be specifically delegated by the Board to the appointing authority, who
				shall consider whether the other employment or volunteer activity:
(1) will be in conflict with the interests of
				the agency;
(2) will interfere with
				the performance of the employee's official duties;
(3) will use or appear to use information
				obtained in connection with official duties which is not generally available to
				the public; or,
(4) may reasonably
				be regarded as official action.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-18 - Payroll

Current through Register Vol. XLI, No. 28, July 12, 2024
No state, county or municipal disbursing or auditing officer
				  shall make, approve or take any part in making or approving any payment for
				  personal service to any person holding a position in the classified service
				  unless the person has been appointed and employed in accordance with the
				  provisions of this rule. An appointing authority may not modify the wages of a
				  person in the classified service unless the Director has approved the
				  modification in accordance with the provisions of this rule. The Director may
				  for proper cause withhold certification from an entire payroll or from any
				  specific item or items on the payroll. The Director may, however, provide that
				  certification of payrolls may be made once every six (6) months, and the
				  certification shall remain in effect except in the case of any officer or
				  employee whose status has changed after the last certification of his or her
				  payroll. In the latter case no voucher for payment of salary to the employee
				  shall be issued or payment of salary made without further certification by the
				  Director.
If the Director wrongfully withholds certification of the
				  payroll voucher or account of any employee, the employee may maintain a
				  proceeding in the courts to compel the Director to certify the payroll voucher
				  or account.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-19 - Records and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Agency and
				Division of Personnel Records. -- Each agency shall establish and maintain a
				personnel record for each employee, showing the employee's name, title,
				organizational unit, salary, changes in status, performance evaluations, and
				such other personnel information as may be considered pertinent. The Division
				of Personnel is not the custodian of records for agency employee personnel
				files. The Director shall maintain applications for examination for at least
				one (1) year after the date of the application. All personnel records shall be
				open to the inspection of the Board but shall otherwise be held confidential by
				each agency and the Director in accordance with Section 21 of this rule. A
				complete and accurate copy of the employee's personnel file shall be provided
				by the previous employer upon inter-departmental transfer or other appointment
				of the employee by another agency.
19.2. Legislature Access. -- Neither this
				section nor any other provision of this rule shall interfere with the right of
				the Legislature, its committees, administrative units and staff to have access
				to agency personnel records under the common law, or pursuant to the provisions
				of W. Va. Code §
									§
									4-2-5, 4-3-4, 4-5-3, 4-10-5, or any other
				statutory provision giving a legislative agency or subunit access to records of
				a state or classified agency. The Legislature, its committees, administrative
				units and staff having access to these records shall maintain the
				confidentiality of the records, to the extent reasonably possible.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-20 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
The business of the Division of Personnel shall be conducted
				  in such a manner as to ensure the privacy rights of all applicants and
				  employees, in accordance with W. Va. Code §
									29B-1-1 et seq., the State
				  Freedom of Information Act and §
									5A-8-1 et seq., the Public Records
				  Management and Preservation Act. Examination scoring keys, applicant and
				  employee residential addresses and phone numbers, applicant and employee
				  medical information, and other information which the Director may deem
				  confidential shall be maintained under strictest confidentiality and released
				  only upon proper written authorization of the applicant or employee or by order
				  of a court of competent jurisdiction.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-21 - Duties of Officers; Legal Proceedings to Secure Compliance; Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Duties of Officers. -- Pursuant to W.
				Va. Code §
									29-6-12, all affiliated agencies' officers and employees shall
				comply with and aid in all proper ways in carrying out the provisions of W. Va.
				Code §
									29-6-1 et seq., and the rules and orders promulgated thereunder.
				All officers and employees shall furnish any records or information which the
				Director or the Board may request for any purpose of W. Va. Code §
									29-6-1
				et seq. All officers and employees shall comply with all rules, policies and
				orders of the Director or the Board and shall not increase nor diminish any
				benefits afforded any classified employee by the rules or orders. All officers
				and employees shall furnish any proposed agreement and any records or
				information which the Director or Board may require in regard to any proposed
				agreement between an agency and an individual who is a current or former
				employee regarding the terms and/or conditions of the individual's employment
				with the agency. Any such agreement must be certified by the Director as being
				in compliance with W. Va. Code §
									29-6-1 et seq. or with an order of a
				court of competent jurisdiction before it can be effective.
21.2. Legal Proceedings to Secure Compliance.
				-- Pursuant to W. Va. Code §
									29-6-12, the Director may institute and
				maintain any action or proceeding at law or inequity which he or she considers
				necessary or appropriate to secure compliance with W. Va. Code §
									29-6-1 et
				seq., and the rules and orders promulgated under the code.
21.3. Penalties.
21.3.a. Any person who willfully violates any
				provision of W. Va. Code §
										29-6-1 et seq. or of this rule is guilty of a
				misdemeanor, and, upon conviction thereof, shall be fined not less than one
				hundred dollars nor more than five hundred dollars, or imprisoned in the county
				jail for a period not to exceed one (1) year, or both fined and imprisoned.
				Jurisdiction under this subdivision shall be in a court of record exercising
				criminal jurisdiction within the county where the offense is
				committed.
21.3.b. Any person who
				is convicted of a misdemeanor under W. Va. Code §
										29-6-1 et seq. is, for a
				period of five (5) years, ineligible for appointment to or employment in a
				position in the classified or classified-exempt service, and if he or she is an
				officer or employee of the state or a classified agency, shall forfeit his or
				her present office or position.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-22 - Grievance Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
An employee hired for permanent employment may file a
				  grievance with the Public Employees Grievance Board as provided for in W.Va.
				  Code §
									6C-2-1 et seq.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-23 - Training and Development

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Agency
				Responsibilities. -- Each agency is responsible for providing functional
				training to employees of the agency based upon the agency's needs and resources
				and the employees' needs and capabilities. Selection of employees for training
				and development shall ensure equal opportunity and shall not discriminate on
				the basis of race, sex, age, religion, national origin, political affiliation,
				disability or for other reason(s) explicitly prohibited by federal and/or State
				law.
23.2. Division of Personnel
				Responsibilities. -- The Director shall:
23.2.a. Make available to the agencies
				technical assistance in the areas of performance improvement, organization and
				human resource development, needs assessment, determination of appropriate
				development strategies, course design, training techniques, and training
				evaluation.
23.2.b. Provide
				training courses for supervisors and managers on specific aspects of personnel
				administration under Division of Personnel law and this rule, and shall
				designate employees by class, or by duties, who must attend each type of
				course.
23.2.c. Make available to
				the agencies training and development opportunities that are broadly applicable
				to many classes in all agencies. Employee selection for the training and
				development opportunities shall be consistent with established agency and
				Division of Personnel nomination procedures.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-24 - Employee Representative Organization Bulletin Boards

Current through Register Vol. XLI, No. 28, July 12, 2024
A bulletin board of a limited size shall be provided for
				  posting notices of employee representative organizations. The bulletin boards
				  shall be placed in convenient and generally accessible locations in all
				  workplaces where the members of the organizations are employed. Provisions
				  shall be made for separate bulletin boards for each employee representative
				  organization. The cost of the bulletin boards shall be assumed by the
				  requesting employee or the employee's representative organization. The boards
				  shall be used exclusively by the employee representative organization and for
				  organization purposes only.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-25 - Authority of the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board is authorized to interpret the application of this
				  rule to any public body or entity and to establish by formal action programs
				  and projects for a maximum of one (1) year outside of the provisions of this
				  rule, including, but not limited to, programs or projects designed to respond
				  to public disaster or emergency.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-26 - Amendments

Current through Register Vol. XLI, No. 28, July 12, 2024
If and when it appears desirable in the interests of good
				  administration, the Board, after public notice and public hearing and
				  legislative approval, may amend the rules as it becomes necessary in accordance
				  with W. Va. Code §
									29-6-3 et seq.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-02 - Leave Donation Program › Section 143-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule implements the provisions set forth in W. Va.
				Code '29-6-27
				regarding a voluntary annual leave donation program for state
				employees.
1.2.
				Authority. -- W. Va. Code '29-6-27.
1.3. Filing Date. -- May 20,
				1996.
1.4. Effective
				Date. -- July 1, 1996.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-02 - Leave Donation Program › Section 143-2-2 - ONG'143-2- 2. Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Terms used in this rule which are not included in
				  this section have the meaning given in the Administrative Rule of the
				  Division of Personnel, 143CSR1.
2.1. Annual Leave: An earned
				employee benefit of paid time off from work as provided in the
				Administrative Rule of the West Virginia Division of Personnel,
				143CSR1.
2.2. Appointing
				Authority: The executive or administrative head of a governmental
				unit who is authorized by statute to appoint employees in the
				classified and/or classified-exempt service or employees exempt from
				coverage.
2.3. Dollar
				Value of Annual Leave: The hourly rate of an employee multiplied by
				the number of hours of annual leave.
2.4. Donor: An employee who
				voluntarily donates accrued annual leave to a recipient.
2.5. Employee: Any person occupying
				a classified or classified-exempt state position or a state position
				exempt from coverage who is paid a wage or salary and who is entitled
				to annual leave as a benefit of employment.
2.6. Hourly Rate: The total annual
				base salary for a full-time employee divided by 2,080 hours or, for a
				part-time employee, divided by the actual numbers of hours worked
				annually.
2.7. Immediate
				Family: The immediate family consists of the parents, children,
				siblings, spouse, parents-in-law, children-in-law, grandparents,
				grandchildren, step-parents, step-siblings, stepchildren, and
				individuals in a legal guardianship relationship.
2.8. Inter-Agency Donation: A
				donation of annual leave where the donor is paid from one operating
				account and the recipient is paid from another operating
				account.
2.9. Medical
				Emergency: A medical condition of an employee or a member of the
				employee's immediate family that is likely to require the prolonged
				absence of the employee from duty and which will result in a
				substantial loss of income to the employee because of the
				unavailability of paid leave.
2.10. Recipient: An employee who
				receives (an) annual leave donations from other employees.
2.11. Substantial Loss of Income:
				An amount greater than or equal to one-half month of an employee's
				base pay.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-02 - Leave Donation Program › Section 143-2-3 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Recipient Eligibility. In order to be eligible to receive donations
				of annual leave, an employee must meet the following conditions:
a. The employee must have a medical
				emergency involving a medical condition of the employee or a member
				of the employee's immediate family;
b. In the case of a medical
				emergency involving a medical condition of the employee, the employee
				must have exhausted all sick leave and all annual leave as well as
				any other accrued paid leave to which the employee is
				entitled;
c. In the case
				of a medical emergency involving a medical condition of a member of
				the employee's immediate family, the employee must have exhausted all
				annual leave and the sick leave allowance for members of the
				employee's immediate family as provided in the Administrative Rule of
				the Division of Personnel, 143CSR1;
d. The medical condition of the
				employee or the member of the employee's immediate family must be
				verified in writing by a physician or medical practitioner as
				requiring the absence of the employee from work for at least one half
				a month continuously after the exhaustion of available leave as
				specified in sub-divisions 3.1.b. and 3.1.c. of this section. The
				Director of Personnel shall establish the criteria for the
				physician's or medical practitioner's verification;
e. The employee must apply to
				receive donated leave according to procedures established by the
				Director of Personnel. If, because of the nature of an employee's
				medical condition, the employee is unable to apply to receive donated
				leave, the application may be made by a member of the employee's
				immediate family or by the employee's appointing authority;
				and,
f. The employee must
				not be receiving or be eligible to receive compensation for his or
				her absence from work from the Workers' Compensation Fund, nor may
				the employee be receiving Social Security Disability benefits for his
				or her absence from work.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-02 - Leave Donation Program › Section 143-2-4 - Recipient Status

Current through Register Vol. XLI, No. 28, July 12, 2024
Employees who are recipients of donated leave are
				  considered in leave without pay status in accordance with the
				  Administrative Rule of the Division of Personnel, 143CSR1.
4.1. Recipients whose absences are
				due to their own medical condition are considered on medical leave of
				absence without pay for up to six months, and, if requested by the
				employee and approved by the appointing authority, on personal leave
				of absence for medical reasons for up to an additional six
				months.
4.2. Recipients
				whose absences are due to the medical conditions of members of their
				immediate family are considered on personal leave of absence without
				pay.
4.3. The following
				restrictions regarding benefits shall apply to recipients:
a. Recipients do not accrue annual
				or sick leave, nor do they earn years of service credit for leave
				accrual purposes, while in this status;
b. Recipients are not eligible for
				paid holidays while in this status;
c. Recipients do not earn tenure
				for purposes of order of separation on layoff while in this
				status;
d. Recipients do
				not earn service credit for purposes of an annual increment while in
				this status;
e.
				Recipients do not earn service credit for any retirement system
				administered by the state of West Virginia while in this status;
				and,
f. Recipients'
				eligibility to have the employer share of insurance premiums paid is
				determined in accordance with rules and procedures of the Public
				Employees' Insurance Agency for employees in leave without pay
				status.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-02 - Leave Donation Program › Section 143-2-5 - Method of Donations and Use of Donated Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
All donations of annual leave and the use of
				  donated leave is governed by the following criteria as well as
				  procedures established by the Director of Personnel in conformance
				  with these criteria.
5.1.
				Method of Donations
a. Donations
				shall be in the form of whole hours of annual leave only.
b. Donors shall specifically
				designate the recipient(s) of the leave donation.
c. The appointing authority shall
				deduct the total donation from the annual leave balance of the donor
				upon receipt of the donation form specified by the Director of
				Personnel.
d. The
				appointing authority of the donor shall calculate the dollar value of
				the donated leave and, in the case of inter-agency donations, shall
				transmit that information to the appointing authority of the
				recipient according to procedures established by the Director of
				Personnel.
e. For
				inter-agency donations, the appointing authority of the donor shall
				reimburse the account from which the recipient was paid according to
				procedures established by the Director of Personnel.
f. An appointing authority of a
				potential donor may limit inter-agency donations when he or she
				determines that the donation will cause the operating account from
				which the potential donation is paid to exceed its appropriation or
				cash balance.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-02 - Leave Donation Program › Section 143-2-6 - Appointing Authorities' Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
Appointing authorities are responsible for
				  compliance with this rule and the procedures established by the
				  Division of Personnel for implementation of the rule.
6.1. Appointing authorities are
				responsible for assuring that donors and recipients meet all
				conditions of eligibility for the leave donation program.
6.2. Appointing authorities are
				solely responsible for and authorized to provide information
				regarding instances of eligible employees seeking donations of annual
				leave in accordance with procedures established by the Division of
				Personnel.
6.3.
				Appointing authorities shall maintain all records of donations and
				use of donated leave in accordance with procedures established by the
				Division of Personnel.
6.4. Appointing authorities shall
				provide all required and requested information and reports in
				accordance with procedures established by the Division of
				Personnel.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-02 - Leave Donation Program › Section 143-2-7 - Division of Personnel's Responsibilities and Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
The Division of Personnel is responsible for
				  establishing standards and procedures for implementation of this rule
				  and for preparing an annual status report on the leave donation
				  program to be presented to the Joint Committee on Government and
				  Finance no later than the fifth day of January each
				  year.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-03 - Workers' Compensation Temporary Total Disability › Section 143-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule implements the provisions set forth in W. Va.
				Code §§
									23-4-1
				and
				23-5A-4
				regarding compensation for employees who have received personal
				injuries in the course of and resulting from covered employment with
				the State or its political subdivisions as provided in W. Va. Code
				§
									23-4-1(a).
1.2. Authority. -- This rule is
				issued under authority of W. Va. Code §§
									23-4-1
				and
				23-5A-4.
1.3. Filing Date. -- April 20,
				2012.
1.4. Effective
				Date. -- July 1, 2012.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-03 - Workers' Compensation Temporary Total Disability › Section 143-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Terms used in this rule which are not included in
				  this section have the meaning given in the Administrative Rule of the
				  Division of Personnel, 143CSR1.
2.1. Annual Increment. -- The
				incremental salary increase based on years of service as provided in
				W. Va. Code §§
									5-5-1 and
				5-5-2.
2.2. Annual Leave. -- An earned
				employee benefit of paid time off from work as provided in the
				Administrative Rule of the West Virginia Division of Personnel,
				143CSR1.
2.3. Appointing
				Authority. -- The executive or administrative head of a governmental
				unit who is authorized by statute to appoint employees in the
				classified and/or classified-exempt service or employees exempt from
				coverage.
2.4. Injury or
				Personal Injury. -- An injury subject to the Workers' Compensation
				provisions of chapter 23 of the W. Va. Code.
2.5. Report of Occupational Injury.
				-- The form prescribed by W. Va. Code §
									23-4-1b
				for report of injuries subject to chapter 23 of the W. Va.
				Code.
2.6. Service. --
				Total eligible employment time which is used for determining the rate
				of accrual of annual leave.
2.7. Sick Leave. -- An earned
				employee benefit of paid time off from work for illness, injury or
				other circumstances as provided in the Division of Personnel
				Administrative Rule 143CSR1.
2.8. Temporary Total Disability
				Benefits. -- Payments made to employees in accordance with the
				Workers' Compensation provisions of W. Va. Code §
									23-4-1
				et seq.
2.9. Years of
				Service. -- Full years of totaled service as an employee of the State
				of West Virginia as provided in W. Va. Code §§
									5-5-1 and
				5-5-2
				for the purpose of determining the amount of annual increment due an
				employee.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-03 - Workers' Compensation Temporary Total Disability › Section 143-3-3 - Pay

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Election of Option.
3.1.a. An
				employee absent from work due to receiving a personal injury in the
				course of and resulting from his or her covered employment with the
				State or its political subdivisions may elect to receive either his
				or her accumulated sick leave or temporary total disability benefits,
				but not both for the same period of absence. Provided, however, that
				an employee of the State or one of its political subdivisions may
				receive his or her accumulated sick leave and temporary total
				disability benefits for the same period of absence if the temporary
				total disability benefits are paid as a result of a personal injury
				in the course of and resulting from his or her covered employment
				with an employer other than the State or one of its political
				subdivisions.
3.1.a.1. The Director
				of Personnel shall prescribe the form by which an employee who
				receives a personal injury in the course of and resulting from his or
				her covered employment with the State or its political subdivisions
				elects which option, either accumulated sick leave or temporary total
				disability benefits, he or she chooses to receive for his or her
				absence from work.
3.1.a.2. It is the joint
				responsibility of the employer and the injured employee to file an
				election of option form with the Report of Occupational
				Injury.
3.1.a.3. If the
				employee does not file the election of option form, the default
				option is accumulated sick leave.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-03 - Workers' Compensation Temporary Total Disability › Section 143-3-4 - Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				employee electing to receive accumulated sick leave continues to
				accrue and carry forward from one calendar year to another sick and
				annual leave and service credit in accordance with the provisions of
				the Division of Personnel Administrative Rule 143CSR1.
4.2. An employee electing to
				receive temporary total disability benefits due to receiving a
				personal injury in the course of and resulting from his or her
				covered employment with the State or its political subdivisions shall
				apply for a medical leave of absence without pay and, for purposes of
				leave, continues to accrue and carry forward from one calendar year
				to another annual leave and service credit for accrual of annual
				leave in accordance with the provisions of the Division of Personnel
				Administrative Rule 143CSR1, but does not accrue sick leave or
				holiday pay for the period the temporary total disability benefits
				are paid.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-03 - Workers' Compensation Temporary Total Disability › Section 143-3-5 - Order of Separation for Layoff

Current through Register Vol. XLI, No. 28, July 12, 2024
Periods during which an employee is paid temporary
				  total disability benefits under the provisions of W. Va. Code §
									23-4-1
				  due to receiving a personal injury in the course of and resulting
				  from his or her covered employment as a permanent employee of a state
				  agency or in the classified service are included as tenure as a
				  permanent employee of a state agency or in the classified service
				  regardless of job class or title for purposes of order of separation
				  as provided in paragraph 12.4.f.2 of the Division of Personnel
				  Administrative Rule 143CSR1.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-04 - Pre-Employment Reference And Inquiries Rule › Section 143-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope -- This rule implements the provisions set forth in West
				Virginia Code § 29-6-10(8) regarding the rejection of candidates
				or eligibles within the classified service.
1.2. Authority -- This rule is
				issued under authority of West Virginia Code §
				29-6-10.
1.3. Filing Date
				-- June 3, 2005.
1.4.
				Effective Date -- July 1, 2005.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-04 - Pre-Employment Reference And Inquiries Rule › Section 143-4-3 - Verification of Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. To establish the eligibility
				of an applicant or employee, the Director may verify information
				provided by the applicant, including, but not limited to:
a. current and previous employment
				and/or volunteer and/or student activities;
b. military service;
c. formal education; and d.
				professional licensure and/or certification.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-04 - Pre-Employment Reference And Inquiries Rule › Section 143-4-4 - Review and Reconsideration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Subject individuals are solely
				responsible for dealing with any reporting agency to challenge the
				accuracy or completeness of information provided by the West Virginia
				State Police, the Federal Bureau of Investigation or other agencies
				reporting information to the Director or qualified entity. Subject
				individuals are solely responsible for providing the Director or
				qualified entity with proof of any error and correction thereof by
				any reporting agency.
4.2. If the subject individual
				provides proof of any error and correction thereof by any reporting
				agency to the Director or qualified entity, the Director or
				authorized designee will conduct a new suitability
				determination.
4.3. If a
				subject individual wishes to dispute an adverse suitability
				determination, the subject individual may request that the Director
				reconsider his or her suitability. The Director shall consider the
				request if it is submitted in writing and received not later than
				fifteen (15) calendar days following the date the notice of
				disqualification was postmarked. Within thirty (30) calendar days
				after a properly submitted request for reconsideration is received,
				the Director shall report his or her decision in writing to the
				subject individual.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-04 - Pre-Employment Reference And Inquiries Rule › Section 143-4-5 - Records and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Director or authorized
				appointing authority shall maintain confidential records and reports
				pertaining to reference information and background investigations in
				a separate file.
5.2. The
				appointing authority shall provide all information and reports
				requested by the Division of Personnel pursuant to this rule in
				accordance with procedures established by the Division of
				Personnel.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-04 - Pre-Employment Reference And Inquiries Rule › Section 143-4-6 - Employee and Applicant Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. It
				is the responsibility of the employee to report any disqualifying
				event to his or her appointing authority within five days of the
				disposition of the matter. Failure of an employee to report a
				disqualifying event within the time provided is grounds for
				disciplinary action up to and including dismissal.
6.2. Each applicant or employee
				shall provide information, including fingerprints, required by the
				state police and other entities for processing or to facilitate
				access to: driving records; verification of employment, education,
				licensure, and residence; and state and federal criminal history
				information.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-04 - Pre-Employment Reference And Inquiries Rule › Section 143-4-7 - Appointing Authority Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The appointing authority must
				comply with this rule and the procedures established by the Division
				of Personnel for implementation of the rule.
7.2. The authorized appointing
				authority shall request that the Director make a suitability
				determination prior to the transfer or promotion of an employee to a
				classified service position for which there is a suitability standard
				that is different and/or more stringent than the standard for the
				employee's current position.
7.3. The appointing authority shall
				ensure adequate training is provided to all authorized designees and
				contact persons.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-05 - Paid Leave For Organ Donation › Section 143-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This interpretive rule relates to paid leave for kidney,
				liver, or bone marrow donations as provided in West Virginia Code
				§
									29-6-28,
				and the Division of Personnel's position in the administration of
				these provisions.
1.2.
				Authority and Related Code Citation. -- W. Va. Code §§
				29-6-28 and
				29-6-10.
1.3. Filing Date. -- October 25,
				2005.
1.4. Effective
				Date. -- November 25, 2005.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-05 - Paid Leave For Organ Donation › Section 143-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Terms used in this rule which are not specifically
				  defined in this section have the meaning given in the Administrative
				  Rule of the West Virginia Division of Personnel, 143CSR1.
2.1. Full-time employee means an
				employee of the State of West Virginia whose term of employment is
				not of a limited duration and who works at least 1,040 hours per
				year. Generally, this means State employees who are eligible for
				participation in an insurance program of the Public Employees
				Insurance Agency and who are required to participate in a retirement
				program administered by the Consolidated Public Retirement
				Board.
2.2. Organ
				donation means the donation of an adult kidney, a portion of an adult
				liver, or adult bone marrow, including pre-operative testing to
				determine the potential donor's surgical fitness and
				compatability.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-05 - Paid Leave For Organ Donation › Section 143-5-3 - Provisions and Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. During any calendar year, a
				full-time State employee is eligible to receive paid leave for the
				purpose of making an organ donation.
3.2. An employee is eligible to
				receive up to 120 hours of paid leave for the donation of an adult
				kidney or portion of an adult liver, and up to 56 hours of paid leave
				for an adult bone marrow donation.
3.2.1. An employee is eligible to
				receive paid leave for the time required to determine surgical
				fitness and compatibility as a potential donor, as verified by a
				physician or medical practitioner, even if subsequently found to be
				surgically unfit or incompatible, or if the organ donation does not
				occur.
3.2.2. An employee
				who works less than an agency's full-time schedule, but satisfies the
				definition of full-time employee in Section 2.1 above, is eligible to
				receive paid leave for an organ donation on a pro-rata basis,
				consistent with leave accrual provisions of CSR 143-1-14.
3.2.3. The leave may be requested
				and taken intermittently as needed and verified by a physician or
				medical practitioner.
3.2.4. The paid leave for
				pre-operative testing and/or organ donation is separate and apart
				from an employee's accrued annual and/or sick leave and is not to be
				charged against either.
West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-06 - Appeal Of Adverse Suitability Determination › Section 143-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule implements the provisions set forth in the West
				Virginia Division of Personnel Pre-employment Reference and Inquiries
				Rule (143CSR4). The information contained in this procedural rule
				should not be construed to supercede any State or federal law or
				administrative rule. In the event of any inconsistencies between the
				procedural rule and such law and/or regulation, the statutory and/or
				administrative rule provisions shall prevail.
1.2. Authority. -- This rule is
				issued under authority of W. Va. Code §
									29-6-10.
1.3. Filing Date. -- October 23,
				2006.
1.4. Effective
				Date. -- November 23, 2006.