Current through Rules and Regulations filed through March 20, 2024
(1)
Promotions. A promotion is
the advancement of an employee to a job on a higher pay grade. An agency may
fill a vacancy by promoting an employee determined to be qualified for the
higher job.
(2)
Demotions.
A demotion is the movement of an employee to a job on a lower pay grade.
Demotions may be voluntary or involuntary. In all cases, the employee must be
qualified for the lower job at the time of demotion.
(a)Voluntary Demotion:
An agency may demote an employee on a voluntary basis under the
following conditions:
1. The employee
requests to be assigned to a job on a lower pay grade. In such case, the
employee must make the request to the agency in writing and should include the
reasons for requesting demotion.
2.
The employee accepts a job on a lower pay grade that is offered as part of a
reorganization or for other reasons determined to be in the best interest of
the agency.
3. In either case, the
employee must acknowledge written notice of the new job on the lower pay grade
and salary change, if any, and whether the new position is in the classified or
unclassified service.
(b) Involuntary Demotion:
1. An unclassified employee may be demoted if
the agency determines such action is in the best interest of the agency and
consistent with Rule
478-1-.03(Antidiscrimination).
2. Provisions for involuntarily demoting a
classified employee are defined in Rule
478-1-.24 (Working Test and Permanent
Status for Classified Employees) and Rule
478-1-.26 (Adverse Actions for
Classified Employees).
(3)
Transfers.
(a)To a Position on the Same Job: An agency
may fill a vacancy by transferring a qualified employee from another position
on the same job, as long as such transfer is not otherwise prohibited by this
Rule.
(b)To a Position on a
Different Job: An employee may be transferred to any vacancy in another job on
the same pay grade, as long as the employee meets the qualifications for the
job and the transfer is not otherwise prohibited by this Rule.
(c)An involuntary transfer that involves a
change in shift or location or change in other terms and conditions of
employment, must be consistent with Rule
478-1-.03(Antidiscrimination).
(d)Employees returning from Family and
Medical Leave or military leave are subject to transfer only when such action
complies with laws applicable to such leave.
(4)
Relocations.
(a)An employee may be relocated from one duty
station to another as a result of transfer, promotion, demotion, or relocation
of function by an agency.
(b)If the
costs of relocation are reimbursable under regulations established by the
Office of Planning and Budget Policy No: 2 (Rules, Regulations and Procedures
Governing the Payment of Intrastate Relocation Expenses to State Employees),
the following provisions apply:
1. Unless
there is a need to relocate a specific individual, staff should be given the
opportunity to volunteer for relocation before involuntary relocation is
required.
2. If one or more, but
not all, classified positions in a job are to be involuntarily relocated, the
agency is to follow the procedures in Rule
478-1-.25 (Reduction-in-Force for
Classified Employees) to determine the order of relocation. Any exception to
the calculated order of relocation must be requested in the plan for relocation
and approved by the Department of Administrative Services.
3. Relocation is subject to review through
the Employee Complaint Resolution Procedure. (See Rule
478-1-.20.)
4. Involuntary relocation actions must be
consistent with Rule
478-1-.03(Antidiscrimination).
(5)
Suspensions.
(a) Suspension with
Pay. An agency may suspend an employee with pay if it is determined by the
agency to be in the best interest of the agency. A written notice must be
provided to the employee.
(b)Suspension without Pay:
1. Disciplinary Action:
a. An agency may suspend an unclassified
employee without pay for disciplinary purposes. Such suspension should be
proportional to the offense and should not exceed 30 calendar days for any one
offense, or for multiple offenses arising out of the same incident.
b. Provisions for suspending a classified
employee without pay for disciplinary purposes are defined in Rule
478-1-.26 (Adverse Actions for
Classified Employees).
2. Pending Criminal Court Action:
a. An agency may suspend an unclassified
employee without pay due to pending criminal court action. Such suspension
should not exceed the period of time necessary for the disposition of the
action. An exception exists for the agency to continue the suspension beyond
the court disposition date for the period necessary to conclude any internal
investigation of the issue.
b.
Provisions for suspending a classified employee without pay due to pending
criminal court action are defined in Rule
478-1-.26 (Adverse Actions for
Classified Employees).
c. At the
end of the suspension period, the employee should be returned to duty or
terminated in accordance with section (6) or (7) of this Rule, as
applicable.
d. If the disposition
of the criminal action does not include any penalty to a classified employee,
the employee must be reinstated in accordance with the provisions of Rule
478-1-.27(18)(d)3 (Appeals and Hearings for Classified Employees).
3. An agency may define other circumstances
under which an unclassified employee may be suspended without pay and the time
parameters for such suspension.
4.
Prior to suspending a Fair Labor Standards Act (FLSA) exempt employee without
pay, the agency should determine whether such action would result in the loss
of the FLSA exemption.
(6)
Voluntary Separations.
(a) An agency may consider an unclassified
employee to have voluntarily resigned from employment with the agency when any
of the following occur:
1. The employee is
absent from duty for three (3) consecutive workdays or equivalent without
proper authorization.
2. The
employee fails to return from approved leave and has not received approval for
an extension. Prior to separating an employee for failure to return from
approved leave, the Appointing Authority, or designee, must ensure the agency
has met any obligation it may have related to reasonable accommodation, Family
and Medical Leave, and military leave protection, as applicable.
3. A suitable vacancy is not available at the
expiration of a contingent leave of absence.
(b) An agency may consider an unclassified
employee to have forfeited employment when any of the following occur:
1. The employee fails to secure or maintain a
license, certification, or registration as required for the duties of the
position.
2. The employee makes a
false statement of material fact on an application for examination or
employment.
3. The employee engages
in conflicting employment in violation of Rule
478-1-.07 (Outside
Employment).
4. The employee
engages in political activity in violation of Rule
478-1-.08 (Political
Activity).
(c)
Provisions for voluntarily separating classified employees are defined in Rule
478-1-.28 (Voluntary Separations for
Classified Employees).
(7)
Involuntary Separations. An
agency may terminate an unclassified employee as deemed necessary to meet the
needs of the agency and in keeping with State and Federal laws and guidelines.
Provisions for involuntarily separating a classified employee are defined in
Rule
478-1-.26 (Adverse Actions for
Classified Employees) and Rule
478-1-.25 (Reduction-in-Force for
Classified Employees).
(8)
Position Level Reduction. When an agency determines that the
responsibilities of a position have been reduced to the extent that the
position would be more appropriately assigned to a job on a lower pay grade,
the agency shall reallocate the position to the appropriate job. Such position
level reduction is a classification action and, if the position is filled,
should not be considered a reflection of the incumbent employee's quality of
work.
(a) When a filled position is
reallocated through position level reduction, the incumbent employee has the
right to request a review of the action in accordance with procedures
established by the agency. The decision of the review official is
final.
(b) The salary of an
incumbent employee remains the same upon position level reduction, even if such
salary is above the pay grade maximum for the new job.
(c) The employment status of an incumbent
employee remains the same upon position level reduction. An exception exists if
a classified employee was serving a working test in the position at the time of
the position level reduction and had previously attained permanent status in
the job to which the position is being reallocated. In such case, the employee
would have permanent status in the lower job upon position level reduction. In
all cases, a classified employee remains classified, and an unclassified
employee remains unclassified.
(d)
Position level reduction shall not be appealable to the Board.
(9)
Staff Reduction.
At times, a staff reduction is necessary due to lack of work, lack of
funds, economic slowdowns, technological or structural changes in the agency's
operations, or because a staff reduction is determined to be necessary to
ensure the financial health and viability of the agency.
(a) Unclassified Employees. An agency may
layoff unclassified employees when staff reduction is necessary and consistent
with Rule
478-1-.03(Antidiscrimination).
(b) Classified Employees. Provisions for the
staff reduction and recall of classified employees are defined in Rule
478-1-.25 (Reduction in Force for
Classified Employees).
(c)
Legislative Notification. If a staff reduction would result in the elimination
of 25 or more positions or the layoff of 25 or more employees (classified
and/or unclassified), the Appointing Authority shall, at least 15 days before
notifying employees of the action, notify the President of the Senate and
Speaker of the House of the proposed action. The notification must identify the
facility(ies) and operation(s) to be affected, the estimated number of
employees to be affected, and the reasons for the proposed action.
(d) Provisions for furlough are defined in
Rule
478-1-.16 (Absence from Work) and in
Rule
478-1-.25 (Reduction in Force for
Classified Employees).
(10) Effects of Job Changes on
Classified Status.
(a) Employees with
classified status as of June 30, 1996, remain classified until they move into
an unclassified position.
(b)
Positions created July 1, 1996, or after, are unclassified positions.
(c) Classified employees who move into a
different classified position without a break in service remain classified in
the new position.
(d) Classified
employees lose their classified status effective the date they move into an
unclassified position and cannot regain classified status at a later
date.
(e) Classified employees who
are involuntarily demoted on working test or as a result of adverse action
retain their classified status in the lower job to which they are
demoted.
(f) Classified employees
are not to be involuntarily transferred into an unclassified
position.
O.C.G.A. Secs.
45-20-3, 45-20-3.1, 45-20-4.