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 143-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Accrual Rate. -- The grouping by the
				cumulative years of eligible employment which is used to determine the rate of
				accrual of annual leave benefits.
3.2. Accrue. -- The process of increasing or
				accumulating periodically or by increment.
3.3. Administrator. -- Any person who fills a
				statutorily created position within or related to an agency or board (other
				than a board member) and who is designated by statute as the head of the agency
				or board.
3.4. Affiliation. --
				Adoption of employees of state agencies or parts of state agencies to the
				classified service by action of the legislature, or executive order of the
				Governor with the consent of the Board and the appointing authority concerned,
				and when additional county or municipal agencies are added to the classified
				service through agreement between the local government and the Director with
				the approval of the Board.
3.5.
				Agency. -- Any authority, board, bureau, commission, division, or other entity
				of state government, however designated, transferred to or incorporated in one
				of the departments created in W. Va. Code §
									5F-1-2, as well as any
				affiliated county or municipal agencies. Provided, that individual districts,
				offices, regions, sections and units within the same agency, however
				designated, shall not be considered a separate agency.
3.6. Allocation. -- The assignment of a
				position to a class by the Director of Personnel based on the duties performed
				and responsibilities assigned.
3.7.
				Annual Leave. -- An accrued benefit of paid time off from work that is earned
				by an employee to be used with prior approval of the appointing authority or
				designee.
3.8. Appeal. -- A request
				made to the Director or Board to reconsider a decision.
3.9. Appointing Authority. -- The executive
				or head of a department or agency who is authorized by statute to appoint
				employees in the classified or classified-exempt service. By written
				notification to the Director of Personnel, the appointing authority may
				delegate specific powers authorized by this rule to persons who satisfy the
				definition of employee as established in this rule.
3.10. Appointment. -- The act of hiring an
				applicant for employment.
3.11.
				Available. -- The indication, by an eligible applicant, of the conditions under
				which employment would be accepted including, but not limited to, location,
				salary, and starting date of employment.
3.12. Board. -- The State Personnel Board as
				provided for in W. Va. Code §
									29-6-6.
3.13. Business Necessity. -- The reason or
				cause for any of a variety of personnel actions based upon the condition of the
				agency, in whole or in part, or specific program components which may include,
				but is not limited to, lack of funds or work; abolishment of positions;
				material changes in mission, duties or organization; loss of budgeted,
				allocated or available positions; reinstatement of eligible employees returning
				from military duty or temporary total disability; reinstatement of an employee
				in compliance with a legal order; and for recall of employees previously laid
				off.
3.14. Carry Forward Days. --
				The maximum number of annual leave days which can be accredited for use as of
				the first day of January based on an employee's length of service
				category.
3.15. Certification. --
				The official list of eligible applicants given to an appointing authority for
				filling vacancies in the classified service.
3.16. Class or Class of Positions. -- One or
				more positions sufficiently similar in duties, training, experience and
				responsibilities, as determined by specifications, that the same title, the
				same qualifications, and the same salary schedule as defined in this section
				may be equitably applied to each position in the class.
3.17. Classification Action. -- The actions
				of allocation, reallocation, classification, and reclassification.
3.18. Classification Plan. -- The plan by
				which positions in the classified service and classified-exempt service have
				been allocated by class.
3.19.
				Class Specification. -- The official description of a class of positions for
				the purpose of describing the nature of work, providing examples of work
				performed, and identifying the knowledge, skills, and abilities required while
				stating the generally accepted minimum qualifications required for
				employment.
3.20. Classified
				Employee. -- An employee who occupies a position allocated to a class in the
				classified service.
3.21.
				Classified-Exempt Service. -- As established by statute, those positions which
				satisfy the definitions for "class" and "classify" but which are not covered
				under the Division of Personnel merit system standards or employment standards
				of the higher education systems.
3.22. Classified Service. -- Those positions
				which satisfy the definitions for "class" and "classify", and which are covered
				under the Division of Personnel merit system standards.
3.23. Classify. -- The process of
				ascertaining, analyzing, and evaluating the duties and responsibilities of
				positions to determine the number and kind of classes existing in the service
				and to group the positions in classes.
3.24. Compensation Range. -- The approved
				monthly and annual salary for a class which includes the minimum and maximum
				compensation.
3.25. Daily Rate. --
				The usual rate of pay for the pay period divided by the total number of
				workdays plus paid holidays in the pay period for an employee whose position is
				assigned to a monthly pay rate.
3.26. Date and Time of Separation. -- Last
				date and time worked by an employee separated from employment due to dismissal,
				voluntary resignation, voluntary retirement, layoff, or death; the date of
				death of employees who die while on paid or unpaid leave; the date and time
				notification is received by employees resigning or retiring while on military
				leave, or while receiving workers' compensation temporary total disability
				benefits as a result of a personal injury or illness received in the course of
				and resulting from covered employment with the State or its political
				subdivisions in accordance with W. Va. Code §
									23-4-1, or due to disability
				as verified by a physician/practitioner.
3.27. Day. -- Unless otherwise specified, an
				interval of 24 hours as represented by a calendar day.
3.28. Demotion. -- A change in the status of
				an employee from a position in one class to a position in a lower job class as
				measured by compensation range, minimum qualifications, or duties, or a
				reduction in an employee's pay to a lower rate in the compensation range
				assigned to the class. There are two (2) types of demotion:
3.28.a. Demotion with Prejudice. -- A
				disciplinary action resulting in the reduction in pay and a change in job class
				to a lower job class.
3.28.b.
				Demotion without Prejudice. -- A reduction in pay and/ora change in job class
				to a lower job class due to business necessity or as a result of an employee
				being selected for a vacant, posted position for which he or she
				applied.