An employee who is the spouse, parent, child, or next of kin of a current member of the armed forces who was injured in the line of duty on active duty in the armed forces may be eligible for a combined total of 26 weeks of FMLA leave for any qualifying reason during the 12-month period. The agency may extend the initial period of probation for up to six months if the employee is not meeting performance standards. The employee is a participant in an employee assistance program. The appeal must be delivered, mailed, or transmitted by electronic means and must be received in the HRMS office by 5:00 p.m. within 15 working days from the date of the approved waiver. PAID LEAVE USE AND HOLIDAY CONSIDERATIONS. The Agency Director or designee will give the employee written notice of the demotion following the pre-action procedure and an explanation of the appeal process. The division designee must document in writing to the Agency head or designee the employees exceptional efforts and accomplishments and that the following technical requirements have been met: Agency directors and supervisors may develop job-specific guidelines or criteria for their work unit to assist with the determination of performance bonuses. When a team member separates from employment, all agency property must be returned, including but not limited to computers, laptops, monitors, books, furniture, headphones, work related documents, building keys, magnetic access cards, state identification, and credit cards. Excluding emergency situations, annual leave requests must be made and approved in advance of the annual leave being taken. Code 4-07-11-07 or that the denial of reemployment was conducted in a discriminatory manner that would violate the States policy against discrimination as stated in N.D.C.C. Leering, massaging, or touching or sexual related comments about anothers body. Step Two: WAIVER OF AGENCY GRIEVANCE PROCESS The written pre-action notice must include: a. The position is a legislatively authorized position. Therefore, adjustments must be made for those employees working an alternate work schedule. Allegations of reprisal will be investigated. Necessary high-speed internet connection (Cable or DSL equivalent) will be provided by the team member for the duration of the teleworking agreement. References: NDAC 4-07-13, NDCC 54-06-14; 54-52.4-03. Makes minimal use of hardware, software, and network resources. Paid leave: 20 days of paid military leave per calendar year can be used to attend required or voluntary active-duty training in which official orders to active duty are issued. The final written decision of the Agency Director or designee ends the agency internal grievance procedure. Serious health condition: A disabling physical or mental illness, injury, impairment, or condition involving inpatient care or outpatient care requiring continuing treatment by a health care provider. A team member is eligible for donated sick leave if the team member is suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition that has caused or is likely to cause the team member to take leave without pay or terminate employment. d. A statement regarding the employees status until a final decision is made. The continuation, recurrence, or onset of a serious health condition of the employee or the employees family member which would otherwise entitle the employee to leave under FMLA; or. A response of the Agency Director or designee will be provided to the complainant within 15 working days from the receipt of the complaint or 15 working days from the completion of the investigation report if an investigation was deemed necessary. Administration will review all applicants who have completed anon -line application at www.lakotaonline.com. %PDF-1.5 % If an employees supervisor changes during the evaluation cycle, both supervisors share responsibility for the yearly evaluation. If the final action is less than demotion, suspension without pay, or dismissal, a statement must be made explaining the reasons for reducing the intended disciplinary actions. Define your style guide. A former regular employee who was reduced in force may appeal a denial of reemployment only on the basis that the agency did not follow N.D. Admin. Employees with questions or concerns about substance dependency or abuse are encouraged to use the resources of the Employee Assistance Program. $("#dialog-ph-dc4de8966e14738942adaeb2931490a5YUBmcmljaGFyZHMqb2xjJWVkdWdvLmNvbQ").dialog({ show: { effect: "fade", duration: 600}, hide: { effect: "fade", duration: 1000}, width: 300, height: 300, modal: true, buttons: [ { text: "Submit", id: "subMit", click: function() { pfCMS_SubmitForm(); } }], open: function(){ $('.ui-widget-overlay').bind('click',function(){ $("#dialog-ph-dc4de8966e14738942adaeb2931490a5YUBmcmljaGFyZHMqb2xjJWVkdWdvLmNvbQ").dialog('close'); }) } } ); An additional 15 working days is not available if the requested waiver is denied. The employees of the Agency are ultimately responsible for creating and preserving records that adequately and properly document the organization, functions, policies, decisions, procedures, and essential transactions of the Agency. Full-time employees receive the full amount of the established monthly rate. Mobile/On the Go: Work is performed on mobile devices or in the community/district and on the move. }); They must attempt to provide a fair and reasonable resolution to employee complaints or grievances within a reasonable time period. Reports of improper deductions will be promptly investigated. The State of North Dakota, as the employer, has established an additional employment policy that applies to all team members regardless of status. With a healthy, happy, and engaged College workforce, we can do amazing things. Identify development plan to learn and grow. Any person who violates this policy will be subject to disciplinary action, up to and including termination of employment, or be removed from the state work area. Prior to implementing the formal grievance procedure, an employee may first consult with agency Human Resources or HRMS. Employees with ten years of continuous state employment who leave the employment of the state are eligible for payment of ten percent of their unused sick leave balance. h}A&!N B69}UpJ4#i4QBy`q pL }M!N 4. An employee designated as a key employee may not be provided restoration rights upon return from FMLA leave. There are many considerations connected with dismissal, also known as "discharge," of a team member. This policy applies to all employees regardless of status. At the discretion of the employee's supervisor, the sick leave hours used for this purpose may be limited to forty hours per calendar year. Any employee who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment. Enduring the offensive conduct becomes a condition of continued employment, or. The OLC EAP is available to provide confidential and expert consultation to management working with employees having problems affecting their work and to employees having problems which affect their job performance. If needed, an investigation will be conducted within 30 working days of the receipt of the complaint. A state agency may only conduct criminal history records checks if express authority has been provided by state or federal law. If the team members request is approved, the team member and other parent (if applicable) of the infant are required to sign a waiver of liability, indemnification, and medical release (SFN 59429) prior to bringing the infant to the team members work. The time should not exceed normal time allowed for lunch and breaks. Self-referrals are strongly encouraged. WHEREAS, County The employee is seeking services or assisting the employee's spouse, parent, child, or sibling in obtaining services, relating to domestic violence, a sex offense, stalking, or terrorizing. The workplace may change frequently. A team member may not receive cash as part of a service or retirement award program. "Supervisory capacity" means the authority to appoint, employ, hire, assign, transfer, promote, evaluate, reward, discipline, demote, or terminate another employee. The employee and spouse may be limited to a combined total of 26 weeks of FMLA leave when care for a covered service-member with a serious injury or illness is taken in addition to FMLA leave for birth of the employees son or daughter or to care for the healthy child after birth, for placement of a healthy son or daughter with the employee for adoption or foster care, to care for the child after placement, or to care for the employees parent with a serious health condition during a single 12-month period. 361 0 obj <> endobj must be provided by the parent. .done( function( data ) { No contract of employment is created by this handbook. Veterans may request a hearing pursuant to the veterans preference law. If a decision is made to implement a litigation hold, the individuals at the meeting will determine the scope of the litigation hold and how best to implement the litigation hold. Employees who have exhausted the applicable types of paid leave will be provided unpaid leave to fulfill the authorized period of FMLA leave. The agency will first attempt to use its usual recruitment methods prior to payment of any recruitment bonus. Code ch. The team member will be allowed to use the specified equipment in the Teleworking Agreement Addendum which will be provided by the Agency. Review NDAC 4-07-02-06 and NDCC 54-06-31 for details and qualifications. A team member or team members immediate family member may contact an EAP provider directly for assistance. Any State-owned equipment remains the property of the Agency and will be returned to the Agency at termination of the Teleworking Agreement. See your agency Benefits Administrator. The team member may not allow members of the public, vendors, or clients into their personal residence to conduct public business and is responsible for and assumes any liability for any injuries sustained by visitors to his or her work site. Any employee who retaliates against another employee in violation of the law and/or this policy is subject to disciplinary action up to and including termination of employment. The employee is a full-time or part-time regular non-probationary employee holding a regularly funded non-temporary position. In this circumstance, the team member is not considered on leave. } Annual and sick leave will not accrue during time of active service for deployment. $("#dialog-ph-dc4de8966e14738942adaeb2931490a5YUBmcmljaGFyZHMqb2xjJWVkdWdvLmNvbQ").dialog({ buttons: [ { text: "Done", click: function() { $( this ).dialog( "close" ); } } ] }); Accessing external email accounts on State issued ECDs is not permitted. Although an individual team members schedule may be modified to accommodate childcare or eldercare needs, the focus of the arrangement must remain on job performance and meeting business demands. When an employee transfers from one state agency to another and there is no break in service, the receiving agency will accept all accrued sick leave hours. The State of North Dakota, as the employer, has established a Family Medical Leave Act (FMLA) policy that provides guidance to the handling of these employee situations in a sensitive and confidential manner. A response of the Agency Director or designee will be provided to the applicant within 15 working days following completion of the investigation report. The eleventh day of November, which is Veterans' Day. A regular employee who is grieving the result of an employer action may file a written complaint. hb```Y,ea m Any funds paid out in violation of this policy must be deducted from the salary of the hiring or contracting state official or state employee. Unless a waiver of the agency grievance process is obtained under the provisions of Section 3 of this policy, the written grievance must be filed with the Agency Director or designee within 15 working days from the date of notice of the employer action, from the date of the reprisal action, or from the date of the alleged discriminatory action. NDCC Section 1-03-01. The supervisor, upon receipt of a written grievance, shall inform the Agency Director or designee and must respond to the complaint in writing, within five (5) working days of the receipt of the written complaint from the employee. A record of access must be in each personnel file. Amounts paid under this plan are not included in the calculation of an employees hourly rate of pay nor benefit plan calculations tied to an employees salary. Under the Drug-Free Workplace Act, a state employee who performs work for a government contract or grant must notify the state of a criminal conviction for drug-related activity occurring in the workplace. hbbd``b`$WXl $$XA' HO@Xv u@!H\Q@Bf H7 I If, however, this rule would result in a significant impact on the agency or negative fiscal consequences to the State, an exception may be sought under NDAC 4-07-02-06. Reprisal against an employee who seeks assistance from HRMS, the State Personnel Board, or through the employee assistance program; files a claim of discrimination, including sexual harassment; exercises rights under the Public Employee Relations Act; or testifies before a legislative committee, is prohibited.