Current through Register Vol. 48, No. 38, September 20, 2024
a)
Temporary Appointments
1) Temporary
appointments are made to any positions the employer certifies to be emergent,
temporary, or transitory. Temporary appointments shall be for not more than
three months. With approval of the Executive Director, they may be renewed in
accordance with need up to a maximum of six months less one day.
2) An employer shall fill a temporary
position by calling candidates in the same manner as for status appointments,
and in accordance with Section
250.60(d).
Refusal to accept, or acceptance of, a temporary appointment by a candidate
shall in no way affect the candidate's position on the register, regardless of
number of refusals or acceptances.
3) A candidate may request that he/she not be
called for temporary positions.
b) Provisional Appointments
1) In the absence of a register, an employer
may make a provisional appointment, in accordance with Section 36n of the Act,
providing the person so appointed possesses the qualifications for the position
stated in the appropriate class specification. In order to establish
eligibility for a status appointment, the provisional appointee must file
application for, and pass, the examination for the appropriate class.
2) A provisional employee who has not
qualified by examination may continue to be employed, providing no candidate is
available for appointment from the appropriate register.
c) Apprentice Appointments
1) An apprentice is a nonstatus employee who
is employed in an occupation defined as an "apprenticeable occupation" by the
United States Department of Labor, Bureau of Apprenticeship and Training, in
accordance with registered apprenticeship standards. These standards shall
include, but are not necessarily limited to, criteria for screening and
selection of apprentices, term of apprenticeship, requirements of related
instruction, a schedule of work processes, a progressively increasing schedule
of wages, periodic evaluations of the apprentice's progress, recognition for
successful completion of the apprenticeship, and other requirements as
established by the Joint Apprenticeship Committee governing the program in
which the apprentice is enrolled and employed. The standards must meet basic
requirements and be registered with the USDOL Bureau of Apprenticeship and
Training.
AGENCY NOTE: An apprenticeable occupation is a trade or craft
that is recognized as apprenticeable by the USDOL Bureau of Apprenticeship and
Training, is customarily learned through work experience that requires 4,000 or
more hours of work to learn, requires related instruction or study to
supplement the work experience, is clearly identified and commonly recognized
throughout the industry, involves the development of skill and knowledge
sufficiently broad to be applicable in like occupations throughout an industry,
and meets the standards of the area.
2) A program meeting the basic fundamentals
for registration will be developed by a joint apprenticeship committee composed
of employer, employee representatives, and a representative from the USDOL
Bureau of Apprenticeship and Training. The program shall be submitted to, and
approved by, the Executive Director. Following the Executive Director's
approval, the program will be submitted for approval and registration to the
USDOL Bureau of Apprenticeship and Training. However, no apprentice program
will be developed for a job classification for which there is an existing
registered area program.
3)
Apprentices who are individually registered in the program registered with the
USDOL Bureau of Apprenticeship and Training, may be employed without University
Civil Service examination.
4) An
apprentice who satisfactorily completes apprenticeship in accordance with the
prescribed apprenticeship standards of the program in which registered will
have attained the status of journeyman. The incumbent will not be subject to
University Civil Service examination and no right to continuation in employment
is earned by the satisfactory completion of the apprenticeship. If employment
is continued at the journeyman level after satisfactory completion of an
apprenticeship, seniority in the promotional line shall be counted from the
date that the employee acquires journeyman status.
d) Intern Appointments
1) With the approval of the Executive
Director, an employer may appoint an intern to any position, provided all of
the following criteria have been met:
A) no
qualified candidates are available from a reemployment register or promotional
register for the class;
B) a
predetermined and scheduled program of development, training or experience has
been established and approved for the candidate;
C) a compensation program has been developed
that provides for progressively increasing salary levels payable upon
completion of defined phases of training. The intern's starting salary shall
not be more than 95% of the minimum of the approved pay range for the class.
The intern's salary, after increases have been awarded, shall not exceed 95% of
the midrange of the approved pay range for the class; and
D) the employer can verify that one of the
following factors exists:
i) the candidate
lacks one or more of the minimum qualifications for the class;
ii) recruitment efforts have failed to
attract qualified candidates;
iii)
operating needs warrant ongoing training programs to supplement staffing
recruitment efforts;
iv) there is a
recognized need for specialized training programs in technical or professional
fields.
2)
If, in the opinion of the employer, the intern completes the prescribed
training in accordance with the standards established by that intern program,
he/she shall be certified to a position of the class for which he/she completed
his/her intern program.
3)
Following successful completion of an intern program and probationary period,
seniority in the promotional line, or in the class, shall be counted from the
date that the employee satisfactorily completes the intern program.
4) If a class has fewer than 10 positions, an
employer may have one intern appointment in the class. If a class contains 10
or more positions, not more than 10% of the total positions in the class may be
filled by intern appointments on any day of operation.
e) Student Appointments
1) Each employer shall determine which
positions shall be designated as student positions, and when so designated,
they shall be filled according to this Part and such other regulations as are
established by the employer pursuant to this Part, subject to the approval of
the Executive Director.
2) A
student employee shall not displace a certified Civil Service
employee.
3) A student, for
purposes of this Part, shall be one who is registered for course work at an
institution served by the University System for at least one-half of the normal
workload of a regularly enrolled full-time student, as such workload is
determined by the employer. Lacking such enrollment during a summer session, or
summer quarter, an applicant may be considered a student for the purposes of
this Part if he/she was enrolled as a student during the quarter or semester
immediately preceding the summer session, or if he/she indicates an intention
to be so registered during the quarter or semester immediately following the
summer employment. In any case, the possession of a properly authenticated
student identification card shall be deemed as providing satisfactory evidence
of student status. The Executive Director may approve exceptions to this
subsection (e)(3) when sufficient cause is evidenced; such as, but not limited
to, graduating seniors, financial hardship cases, personal or physical
problems, etc.
4) A uniform
classification plan for student employees, which shall provide groups of
positions sufficiently similar in duties, responsibilities and qualifications
as to be given the same class title and to be of a similar level of job worth,
shall be established by each employer, subject to the approval of the Executive
Director.
5) Each employer shall
establish a wage rate or range for each position grouping, taking into account
job requirements, rates paid locally for similar work, including rates paid to
Civil Service employees, consistency within the student aid program of the
employer, and availability of funds. No student employee shall be paid below
the minimum rate, or above the maximum rate, as established for the position
grouping in which he/she is employed, unless approved by the Executive
Director. No maximum rate for student employment shall exceed the maximum rate
established for comparable Civil Service classes on the same campus.
6) The employer may give applicants for
student employment a screening examination, without Civil Service status, if
the examination is deemed necessary for the selection of employees.
7) No seniority as a Civil Service employee
is earned through employment in a position designated as student.
8) A student employee is not eligible for
paid vacation, paid holidays, or disability leave, as established by the
Benefits Policy approved by the Merit Board and by the governing Boards of the
institutions served by the University System.
9) A position designated as student may be
terminated at any time at the discretion of the employer.
10) Each employer may make such regulations
and policies governing student employment on its respective campuses as it
deems desirable, subject to the Act and this Part governing the University
System.
f) Extra Help
Appointments
1) An Extra Help appointment may
be made by an employer to any position for work the employer attests to be
casual or emergent in nature and that meets the following conditions:
A) the amount of time for which the services
are needed is not usually predictable;
B) payment for work performed is usually made
on an hourly basis; and
C) the work
cannot readily be assigned, either on a straight-time or on an overtime basis,
to a status employee.
2)
Qualification determination shall consist of a review of the employee's
application and a verbal interview. Qualifications will be determined to be
Acceptable or Not Acceptable. When skills are required for clerical/secretarial
positions, an examination to demonstrate acceptable skills will be
administered. The applicant will be required to pass the examination at a
standard established by the employer. A listing of those applicants who have
been determined to be Acceptable shall be maintained by the employer.
3) An employer shall fill an Extra Help
position by referring persons to the employing unit from the Extra Help list of
Acceptable candidates.
4)
Acceptance or refusal to accept an Extra Help appointment by a candidate shall
in no way affect the candidate's position on any Extra Help list, or on any
other register maintained by the employer.
5) Classifications will be established in
broad categories, such as administrative, professional, technical, clerical,
trades, and service.
6) An Extra
Help position may be utilized for a maximum of 900 hours of actual work in any
consecutive 12 calendar months. The employer shall review the status of the
position at least every three calendar months. If at any time it is found that
the position has become an appointment that is other than Extra Help, the
employer shall terminate the Extra Help appointment. If an Extra Help position
has accrued 900 consecutive hours, the position shall not be reestablished
until six months have elapsed from the date of the termination of the
position.
7) Upon working 900
hours, an Extra Help employee cannot resume employment in any Extra Help
appointment at a place of employment until 30 calendar days have
elapsed.
8) The employer shall
quarterly review its use of Extra Help appointments to ensure compliance with
this Section.
9) Compensation of
Extra Help employees shall be within the limits established for comparable
service in status employment.