in which acquired.
(d)An employee who enters the State classified service in accordance with this Rule shall have his/her pay established in accordance with Rule 6.17.
(e)An employee who enters the State classified service in accordance with this Rule shall have his/her leave credits determined as follows:
1.An employee who is employed as a classified employee of a governmental jurisdiction subject to a civil service article, statute or ordinance shall have his/her annual and sick leave credits assumed by the acquiring agency; provided that only the amount of leave earned minus the amount taken, during the first year of the appointment authorized by the Director or Commission, may be paid upon separation in that year, except for separations caused by a layoff, medical disability, death or retirement. Upon entering the State classified service, he/she shall earn and be credited with leave benefits as provided elsewhere in these Rules.
2.An employee of the state, so long as an official system of leave earning and use was maintained by the employer, shall have his/her leave credits determined as provided by Rule 11.19(d).
3.Any other employee who enters the State classified service in accordance with this Rule shall be credited for unused annual and sick leave, not to exceed 240 hours of each, which had been earned by and credited to the employee on the date of his/her appointment to the State classified service so long as an official system of leave earning and use was maintained by the former employer; provided that only the amount of leave earned minus the amount taken by the employee, during the first year of the appointment authorized by the Director or Commission, may be paid upon separation in that year, except for separations caused by a layoff, medical disability, death or retirement.
(f)Compensatory time shall not be credited above what is legally required under FLSA to the employee.
(g)An employee who enters the State classified service in accordance with this Rule shall have his/her eligibility for merit increases under Rule 6.14 and leave earning determined based on the original date of appointment with his/her current or former employer and, upon appointment in the State classified service, shall not be treated as a new employee under the provisions of Rule 6.14. However, the Director may approve existing annual eligibility dates for all employees of an entity acquired under this rule, that already had a well established merit pay policy.
(h)This Rule shall not apply to any employee who is illegally hired in either the State unclassified or State classified service as determined by the Commission after investigation by public hearing, or who is hired in the State unclassified service under the provisions of Rule 4.1(d)1, or who is voluntarily seeking employment in the State classified service.
(i)Upon request of an appointing authority, and/or when in its judgment sufficient and compelling reasons to do so have been presented, the Commission may apply the provisions of this Rule to situations not addressed herein.
(j)The Director may order an employee, who is subject to being brought into the State classified service under this Rule, to be placed on a special provisional appointment as
provided by this subsection and such appointment shall:
1.be provided to allow the completion of the process necessary to determine if the employee may remain in the classified service and what requirements of this rule, and others if applicable, will have to be met; and
2.expire either upon probational appointment of the employee, or two years from the date the appointment was made, or upon cancellation by the Director.
Explanation for Chapter 24
Chapter 24 essentially re-enacts Rules 8.15(b) and 8.27 in a new chapter titled to reflect the limited topics addressed by these two Rules.
Transfer of Governmental Functions (Rule 24.1)
In the past, voluntary transfer of individual employees was under the same rule (Rule 8.15) as the transfer of entire agencies or functions from one department to another. The rules governing these two categories have very different requirements. We have moved the rule governing voluntary transfer to the new Chapter 23. We are recommending the adoption of new Rule 24.1 to provide a clear and concise statement of exactly what happens to employees when the functions they are performing are moved from one state department to another. The philosophical focus of the existing rule was to ensure the constitutional rights of veterans (referred to as “preference employees” in the rules) were maintained when employees were required to move from one agency to another. In order to maintain the constitutional integrity of the new rule, we have also updated the definition of “preference employee” in Rule 1.25.1 and proposed additions to Rule 17.25 which deals with the Department Preferred Reemployment List.
Acquisitions (Rule 24.2)
Rule 8.27 governed how employees are moved into the classified service when a position they currently occupy or the entire entity for which they work is moved into the classified service for the first time. The proposed replacement, Rule 24.2, contains a few changes that are primarily for clarity and are not substantive with one exception. The rarely used concept of a “provisional appointment” as it was once defined will become obsolete with the adoption of Chapters 22 and 23 and will be repealed. However, we will still need a special appointment type to cover unforeseen contingencies when the state inherits positions or agencies. The solution is in the proposed new Rule 1.39.101 which defines a “Special Provisional Appointment” and ties its use directly to the acquisition process now laid out in Rule 24.2.
Chapter 1 Definitions
As a result of the repeal of Chapters 7 and 8 of the Civil Service Rules and the enactment of new Chapters 22, 23 and 24, the following changes are needed to Chapter 1 of the Rules.
Adopt the following New definitions
22.214.171.124'Flexible Qualifications' are qualification standards established by the Director and included on the job specification that appointing authorities are expected to use in the same manner as Minimum Qualifications for most appointments but which may be adjusted in circumstances where the appointing authority can justify it by documenting a rational business reason, such as having no applicants who meet the Flexible Qualifications stated on the job specification.
Louisiana Register Vol. 34, No. 10 October 20, 2008