Current through Register No. 12, March 21, 2024
(a) A
written warning shall be the least severe form of discipline used by an appointing
authority in order to correct a full-time employee's unsatisfactory work performance or
conduct.
(b) An appointing authority may
issue a written warning to an employee for unsatisfactory work performance or conduct
including, but not limited to, the following:
(1)
Failure to meet any work standard;
(2)
Failure to take corrective action as directed;
(3) Unauthorized absences from work;
(4) Repeated unscheduled absences, unless
authorized;
(5) Sexually harassing conduct,
including unwelcome sexual advances, requests for sexual favors, or other verbal,
non-verbal or physical conduct of a sexual nature;
(6) Working unauthorized overtime;
(7) Failure to report immediately to the appointing
authority the expiration of a license, a certificate or other form of permission
required by the class specification or supplemental job description for performance of
the duties of a position;
(8) Unauthorized
use of information or communications systems;
(9) Disruptive, disorderly or disrespectful conduct
in the workplace, including the use of insulting or abusive language or
gestures;
(10) Exhibiting physically or
verbally abusive or threatening behavior, including spoken or written communications,
toward any employee or any individual served by the agency;
(11) Violation of a posted or published state or
agency policy or procedure, or of a law or administrative rule applicable to the
agency.
(c) Each written warning
shall:
(1) Contain a narrative describing in detail
the reason for the warning;
(2) Except
when issued as a final written warning and notice of dismissal as described in
Per
1002.08(c)(1) or
Per
1002.08(c)(2), list specifically the
corrective action which the employee shall take to avoid additional disciplinary
action, including the time frame, if any, in which the corrective action must be
taken;
(3) Except when issued as a final
written warning and notice of dismissal in accordance with
Per
1002.08(c)(1) or
Per
1002.08(c)(2), notify the employee that
failure to take corrective action shall result in additional disciplinary action up to,
and including, discharge from employment;
(4) Be signed by the supervisor who issues the
written warning;
(5) Inform the employee
that within 15 calendar days of the notice, the warning may be resolved through the
procedures for settlement of disputes pursuant to Per 205 or by appeal to the personnel
appeals board;
(6) Be signed by the
employee receiving the written warning to acknowledge receipt of the warning provided,
however, that:
a. If an employee takes exception to
the written warning, he or she may so note in addition to acknowledging
receipt;
b. Notice that the employee takes
exception to the warning shall not be deemed a properly filed appeal; and
c. Failure of the employee to sign the warning shall
neither affect its validity nor delay the time for appeal; and
(7) The original letter shall be issued to the
employee and copies distributed to the:
a. Employee's
agency personnel file; and
b. Employee's
file in the division.
(d) If an employee fails to take corrective action as
outlined in a written warning, the employee shall be subject to additional disciplinary
action up to, and including, discharge from employment pursuant to Per 1002.
(e) Notice to the appointing authority that an
employee is seeking resolution of the warning through the procedures for settlement of
disputes pursuant to Per 205 or through appeal to the personnel appeals board shall not
bar the appointing authority from taking additional disciplinary action as authorized
by Per 1002.
(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06
