Current through Reg. 49, No. 12; March 22, 2024
(a) General provisions.
(1) As used in this section, "training" means
instruction, teaching, or other education received by a Commission employee
that is not normally received by other Commission employees and that is
designed to enhance the ability of the employee to perform his or her job. The
term includes a course of study at an institution of higher education or a
private or independent institution of higher education as defined by Texas
Education Code, §
RSA
61.003.
(2) The tuition reimbursement program does
not include training required either by state or federal law or that is
determined necessary by the Commission and offered to all employees of the
Commission performing similar jobs. In-service instruction and staff
development, as set forth in §§20.602 and 20.603 (relating to
In-Service Instruction and Staff Development, respectively) are not part of the
tuition reimbursement program.
(3)
A Commission employee may participate in the tuition reimbursement program
without regard to the employee's race, color, religion, sex, age, national
origin, disability, or veteran status, provided that the employee meets the
qualifications set forth in subsection (b) of this section.
(4) An employee has neither a right to
reimbursement, even if the employee meets the qualifications of the tuition
reimbursement program, nor a guarantee that budgeted amounts will be available
at all times in a fiscal year. The funds available to any one employee for
tuition reimbursement shall not exceed $1,200 per fiscal year.
(5) The Commission shall not reimburse
employees for:
(A) any tuition or
registration costs, mandatory fees, and expenses for books and other written
materials that are covered by scholarships, grants, or other awarded
funds;
(B) costs other than tuition
or registration costs, mandatory fees, and expenses for books and other written
materials;
(C) auditing a course;
or
(D) any federal income taxes
incurred because of the Commission's reimbursement of costs pursuant to this
subchapter.
(b) Minimum qualifications. As of the date
the employee makes the request to participate in the tuition reimbursement
program, the employee shall have:
(1) been
employed full time by the Commission for at least 12 months;
(2) received an overall performance rating of
at least "meets requirements" on the employee's current Employee Performance
Evaluation (EPE); and
(3) received
no disciplinary action in the prior six months. As used in this section,
"disciplinary action" includes a formal written reprimand, suspension without
pay, or salary reduction for disciplinary reasons.
(c) Request to participate. An employee
requesting approval to participate in the tuition reimbursement program shall
meet the minimum requirements set forth in subsection (b) of this section and
shall provide to the supervisor the following information, in writing, prior to
enrolling or registering for a course, class, or training program:
(1) the employee's name, job title, and
overall rating on the employee's current EPE;
(2) the name of the training course or
educational institution;
(3) the
name and number, if any, of the class, course, or program;
(4) the dates, hours, and duration of the
training, and whether any or all of the training falls during the employee's
regularly scheduled work hours;
(5)
the amount of the tuition or registration fee;
(6) the amount of any mandatory fees that are
assessed or charged in addition to tuition or registration fees;
(7) the approximate cost of books and other
written materials;
(8) the deadline
for enrolling in or registering for the training; and
(9) an explanation of the way in which the
requested training relates to the employee's job duties after the training,
whether related to a current or a prospective position.
(d) Supervisor review and action; agency
decision.
(1) The employee's supervisor shall
review the employee's request for tuition reimbursement to determine if:
(A) the employee meets the requirements of
subsection (b) of this section;
(B)
the requested training is related to the employee's current or prospective
employment duties;
(C) the
requested training meets one or more of the objectives set forth in §
RSA
20.601<subdiv>(b)</subdiv> of
this title (relating to Employee Training and Education Program); and
(D) the requested dates and times for
attending the training will not adversely affect the employee's workload or
performance.
(2) If the
supervisor determines that all four elements of paragraph (1) of this
subsection have been satisfied, then the supervisor shall meet with the
employee to discuss the obligations that the employee will be expected to meet
and those that the employee may be required to assume should the request for
tuition reimbursement be approved.
(A) The
employee will be expected to continue working at the Commission for at least
one month for each month of the training course for which the Commission has
paid. If an employee terminates before the end of this month-for-month period,
the employee shall repay the Commission the full amount of the reimbursement to
the employee. If an employee ceases to be employed by the Commission because of
a reduction in force prior to the end of the month-for-month period, the
employee's obligation to repay the Commission is terminated.
(B) The employee's supervisor or division
director may require the employee to:
(i)
make regular reports regarding the employee's progress in the
training;
(ii) discuss information
obtained at the training with other employees;
(iii) share materials obtained from training
with other employees, to the extent such sharing does not violate copyright
law;
(iv) assume additional job
duties for which the training prepared the employee; and
(v) conduct training for other employees
concerning the information or skills taught at the training.
(3) The supervisor
shall also discuss with the employee the specific attendance times that the
training would require. If the employee would be required to attend the
training during normal work hours, the supervisor and employee shall devise a
flex-time work schedule for the employee. If a flex-time work schedule is not
feasible, the supervisor and employee shall discuss the use of the employee's
accrued leave time to accommodate attendance at the training.
(4) In addition to the information provided
in the employee's request for tuition reimbursement and the discussion with the
employee, the supervisor may also consider:
(A) the current or prospective job duties of
the employee;
(B) the employee's
current and previous two EPEs;
(C)
the specific skill needs of the section or division;
(D) whether there is a lack of employees or
applicants with the skills the requested training would provide the
employee;
(E) whether allowing the
employee to attend training during work hours, if that has been requested,
would adversely affect workload or performance;
(F) the funding available; and
(G) any other factor that is relevant to the
employee's request for tuition reimbursement.
(5) The supervisor shall consider the
employee's application, the information gathered in discussion with the
employee, and other relevant factors, and shall issue a decision in writing. If
the supervisor concludes that the request should be denied, the supervisor
shall include a statement of the reason or reasons for the denial. An employee
may appeal a supervisor's denial to the division director. If the supervisor
decides that the employee's request for tuition reimbursement should be
approved, the supervisor shall forward the request to the division director
with a written recommendation for approval.
(6) The division director shall review the
employee's request and the supervisor's recommendation, and shall issue a
decision in writing. If the division director concludes that the request should
be denied, the division director shall include a statement of the reason or
reasons for the denial. An employee may appeal a division director's denial to
the deputy executive director. If the division director decides that the
employee's request for tuition reimbursement should be approved, the division
director shall forward the employee's request and the supervisor's
recommendation to the deputy executive director with a written recommendation
for approval.
(7) The deputy
executive director is authorized to approve or deny the employee's request for
tuition reimbursement, and shall issue the decision in writing. A denial shall
include a statement of the reason or reasons for the denial. An employee may
appeal the deputy executive director's denial of a request for tuition
reimbursement to the executive director, whose decision is final. If the deputy
executive director approves the request, the original documents shall be
retained in the office of the deputy executive director, and copies of the
documents shall be provided to the employee.
(e) Registration and payment for the
training. An employee who has received final approval of his or her request for
tuition reimbursement shall:
(1) meet all
admission requirements of the educational institution offering the course for
which the request for tuition reimbursement was approved;
(2) complete all paperwork and pay all costs
for the training, including tuition or registration costs, mandatory fees,
expenses for books or other written materials, etc.;
(3) retain all original dated receipts
indicating the amounts the employee paid for each type of
expenditure.
(f)
Attendance; notice. The employee shall complete the training within the time
period for which tuition reimbursement was approved. The employee shall
immediately notify his or her supervisor if the employee ceases to be enrolled
in a class for which tuition reimbursement was approved. The Commission shall
not reimburse an employee for training expenses for incomplete or dropped
training.
(g) Use of Commission
resources. An employee attending training approved for tuition reimbursement
shall not use Commission equipment or resources such as personal computers,
printers, copiers, fax machines, e-mail, internet connections, etc. During the
employee's work hours, the employee shall not do research, writing, projects,
homework, or other activities related to the training.
(h) Time used to attend training. The
employee shall use flex time, if possible, to accommodate attendance at
training. If flex time is not used, then the employee shall use accrued leave
time for attendance at training.
(i) Tuition reimbursement qualifications and
procedure. Failure to comply with the reimbursement requirements will result in
denial of reimbursement.
(1) To qualify for
tuition reimbursement, an employee shall complete the training with a grade of
"C" or better for training graded on an "A" through "F" scale; a 75 percent or
better score for training graded on a numerical scale; or a passing grade for
training graded on a "pass/fail" scale. The employee shall complete any course
in which a grade of "I" (Incomplete) has been awarded within three months,
unless there are valid reasons, such as serious illness, to the contrary. A
course dropped after registration does not qualify for reimbursement.
(2) To receive tuition reimbursement, within
15 working days of receiving the final grade or grades, the employee shall
submit to the Personnel Division a reimbursement claim.
(3) A reimbursement claim consists of copies
of:
(A) the employee's request;
(B) all recommendation memoranda;
(C) the deputy executive director's or
executive director's final approval memorandum;
(D) the itemized paid receipts for tuition,
mandatory fees, and books and other written materials; and
(E) the official grade report, which the
Commission will keep confidential.
(4) The Personnel Division shall verify the
employee's grade and the costs for tuition or registration fees, other
mandatory fees, and expenses for books and other written materials.
(5) Upon approval of the reimbursement claim,
the Personnel Division shall forward the claim to the Finance Division for
reimbursement to the employee.