Title 530
Office of Personnel Management
Chapter 10 -- Merit System of Personnel Administration Rules
(OPM Full Text As Amended July 11, 2011 -- UNOFFICIAL)
SUBCHAPTER 11. EMPLOYEE ACTIONS
PART 1. GENERAL PROVISIONS
Section
530:10-11-1. Purpose
530:10-11-2. Agency personnel records
530:10-11-3. Reports of personnel changes
530:10-11-4. Review of agency personnel files
530:10-11-5. [RESERVED]
530:10-11-6. [RESERVED]
530:10-11-7. No previous Merit System status
PART 3. PROBATIONARY EMPLOYEES
530:10-11-30. Probationary employees; general provisions
530:10-11-31. Permanent status
530:10-11-32. Termination during probationary period
530:10-11-33. Change in part-time or full-time status of probationary employees
530:10-11-34. Suspension of probationary employees [REVOKED]
530:10-11-35. Annual and sick leave of probationary employees
530:10-11-36. Leave of absence without pay for probationary employees
530:10-11-37. Salary advancement of probationary employees
530:10-11-38. Promotion or demotion of probationary employees
530:10-11-39. Transfer of probationary employees
530:10-11-40. Probationary employee shift assignment
PART 5. PROMOTIONS
530:10-11-50. [RESERVED]
530:10-11-51. Promotional posting [AMENDED EFF. 7/11/04]
530:10-11-52. [RESERVED]
530:10-11-53. Promotional posting for continuous multiple vacancies
530:10-11-54. Promotional action appeals
530:10-11-55. Trial period and probationary period for promoted employees
PART 7. TRANSFERS AND VOLUNTARY DEMOTIONS
530:10-11-70. [RESERVED]
530:10-11-71. Intra-agency transfer
530:10-11-72. Interagency transfer
530:10-11-73. [RESERVED]
530:10-11-74. Interagency transfer of personnel resulting from transfer of facility or function
530:10-11-75. [RESERVED]
530:10-11-76. Voluntary demotion
PART 9. EMPLOYEE GUIDELINES
530:10-11-90. [RESERVED]
530:10-11-91. Conduct of classified employees
530:10-11-92. [RESERVED]
530:10-11-93. Resignation prior to prohibited activity
PART 11. OTHER TRANSACTIONS
530:10-11-110. Detail to special duty
530:10-11-111. Corrective discipline [REVOKED]
530:10-11-112. [RESERVED]
530:10-11-113. Causes for suspension without pay, involuntary demotion and discharge [REVOKED]
530:10-11-114. [RESERVED]
530:10-11-115. Required notice and opportunity to respond prior to involuntary demotion, suspension without pay or discharge [REVOKED]
530:10-11-116. [RESERVED]
530:10-11-117. Notice of appeal rights upon suspension without pay, involuntary demotion or discharge [REVOKED]
530:10-11-118. Involuntary demotion [REVOKED]
530:10-11-119. Suspension without pay [REVOKED]
530:10-11-120. Suspension with pay
530:10-11-121. Discharge [REVOKED]
PART 13. RESIGNATIONS
530:10-11-130. [RESERVED]
530:10-11-131. [RESERVED]
530:10-11-132. Method of resignation
530:10-11-133. Abandonment of position [REVOKED]
530:10-11-134. Resignation or leave without pay to accept an unclassified position
[Authority: Section 840 1.6A of Title 74 of the Oklahoma Statutes]
PART 1. GENERAL PROVISIONS
530:10-11-1. Purpose
The purposes of the rules in this Subchapter are to establish policies and procedures for probationary periods of employment [74:840 4.13(D)], transfers, promotions, demotions, and separations, while protecting employees from arbitrary dismissal or unfair treatment [74:840 1.6(A)(3)].
530:10-11-2. Agency personnel records
Each agency shall maintain an adequate set of applicant and employee personnel records. These records shall include: performance evaluations, promotional forms, attendance records, and any other documents that affect an individual's employment status with the agency.
530:10-11-3. Reports of personnel changes
Appointing Authorities shall use such forms and follow such procedures as may be prescribed by the Office of Personnel Management to effect personnel changes. In addition, for purposes of payroll certification, Appointing Authorities shall use such forms as may be prescribed by the Office of Personnel Management to report personnel actions with respect to unclassified employees. Unless otherwise provided in the Merit Rules, forms effecting personnel changes, including appointments, shall be submitted to the Office of Personnel Management within 30 days after the effective date. Classified employees shall receive a copy of forms effecting changes in their personnel status.
530:10-11-4. Review of agency personnel files
Each employee shall have the right to review his or her individual personnel records on file with the employing agency. Such review shall be during regular business hours in accordance with procedures prescribed by the agency.
530:10-11-5. [RESERVED]
530:10-11-6. [RESERVED]
530:10-11-7. No previous Merit System status
When a position occupied by an unclassified employee is made subject to the Merit System by Executive Order or legislation, the Administrator shall allocate the position as it exists on the effective date of becoming subject to the Merit System. Unless there is conflicting legislative direction, the unclassified employee who occupies the position on that date shall be given status in the job family level to which the position is allocated by the Administrator. The effective date of the allocation shall be the same as the effective date of the Executive Order or legislation. The employee shall not be required to take any examination or qualify for the job family level, and the salary of the employee shall not be reduced as a result of such initial allocation. The status of the employee shall be determined as follows:
(1) An employee who has been continuously employed by the agency for a minimum of twelve (12) months immediately preceding the date on which the employee is made subject to the provisions of the Merit System shall be given permanent status in the classified service.
(2) An employee who has been continuously employed by the agency for less than twelve (12) months on the date the employee is made subject to the provisions of the Merit System shall be given probationary status in the classified service. Such employee may obtain permanent status in the classified service twelve (12) months after the employee's entry-on-duty date with the agency pursuant to the provisions of the Merit System. [74:840 4.2]
PART 3. PROBATIONARY EMPLOYEES
530:10-11-30. Probationary employees; general provisions
(a) All original appointments to classified positions shall be made from certificates, except as provided elsewhere in the Merit Rules or by statute, for a probationary period of 1 year, unless the length of the probationary period is reduced according to the provisions of this Section [74:840 4.13]. At the end of the probationary period, the employee shall automatically become permanent [74:840-4.13]. At any time after the probationary employee has served 6 months, the Appointing Authority may waive the remainder of the probationary period by notifying the employee and the Office of Personnel Management in writing as to the waiver and the reasons for it [74:840 4.13]. The Appointing Authority may not extend the probationary period, but may adjust the probationary period due to leave without pay as provided in 530:10-11-36. The final working day of the probationary period shall be made known to the employee at the time of entry on duty and at the time of any adjustment or waiver of the probationary period. Some positions may have statutory probationary periods that differ from the conditions of this Section.
(b) Except as provided in 530:10-9-102, the provisions of this Part apply to probationary periods made in accordance with those Merit Rules.
(c) An employee on an original probationary appointment with the agency or any adjustment of the original probationary appointment, or on a probationary period with the agency after reinstatement, or an adjustment of such a probationary period may be released or dismissed in accordance with 530:10-11-32.
(d) The Appointing Authority may establish a written policy describing any agency standard for waiving the probationary period after 6 months and the reasons for the standard.
530:10-11-31. Permanent status
Permanent status in the classified service shall not be granted until the probationary period has been successfully completed. Such status shall begin at the end of the final working day of the probationary period [74:840-4.13(D)] except as otherwise provided in the following Sections: 530:10 11 30; 530:10 11 34; 530:10 11 36; and 530:10 11 32.
530:10-11-32. Termination during probationary period
The probationary appointment of any person may be terminated at any time during the probationary period without the right of appeal [74:840-4.13(D)].
530:10-11-33. Change in part-time or full-time status of probationary employees
Probationary employees originally appointed part-time shall not be changed to full-time until the probationary period has been completed. However, a probationary employee originally appointed full-time may request and be changed to part-time.
530:10-11-34. Suspension of probationary employees [REVOKED]
530:10-11-35. Annual and sick leave of probationary employees
Annual and sick leave, as provided in 530:10 15 10, 530:10 15 11 and 530:10 15 12, shall be granted to probationary employees. A probationary employee who resigns and is reappointed by the same agency through an open competitive process within 10 calendar days shall be credited the annual and sick leave accumulated during the previous probationary period.
530:10-11-36. Leave of absence without pay for probationary employees
(a) Upon written request, a probationary employee may be granted leave of absence without pay from the agency in accordance with 530:10 15 47, Leave of absence without pay, or 530:10 15 49, Leave because of absence due to job related illness or injury.
(b) If the total amount of leave without pay exceeds 5 working days, the date of the final working day of the probationary period shall be adjusted by the number of working days the probationary employee was on leave without pay in excess of 5 working days. Notification of such leave to the Office of Personnel Management and the employee shall include the scheduled date of the final working day of the adjusted probationary period.
530:10-11-37. Salary advancement of probationary employees
No probationary employee shall receive a performance pay increase.
530:10-11-38. Promotion or demotion of probationary employees
A probationary employee shall not be eligible for promotion or demotion to another job.
530:10-11-39. Transfer of probationary employees
A probationary employee shall not be transferred to a position in another job family level or agency except as provided in Section 840-2.21 of Title 74 of the Oklahoma Statutes, 530:10-15-49, or 530:10 11 74. No probationary employee appointed from a local certificate, issued in accordance with 530:10 9 71(b), shall be transferred from that locality until the probationary period has been completed.
530:10-11-40. Probationary employee shift assignment
A change in shift assignment, in excess of 30 calendar days, shall not be made for a probationary employee without prior approval of the Office of Personnel Management.
PART 5. PROMOTIONS
530:10-11-50. [RESERVED]
530:10-11-51. Promotional posting [AMENDED EFF. 7/11/04]
(a) The appointing authority shall post announcements of a vacancy or vacancies in accordance with a promotional plan filed by the agency with the Office of Personnel Management. [A copy of this plan shall be posted throughout the agency.] Promotional posting shall be required for initial entry into a job family at any level. Promotional posting shall also be required for entry into any supervisory position or level. Each agency's promotional posting plan shall describe the method by which all agency employees will be notified of vacancy announcements. [74:840 4.15] The Appointing Authority shall post all promotional opportunities to vacant positions and to all supervisory levels. Promotional posting is not required for career progression or for reallocation of occupied, non-supervisory positions.
(b) The posting shall include:
(1) Identification of the job family level of the vacancy or vacancies;
(2) A listing of job title, major work duties and minimum qualifications;
(3) The pay band and range;
(4) The anticipated number of vacancies;
(5) The specific location of work;
(6) The time limits and procedure for filing an application with the appointing authority; and
(7) Any additional factors which the appointing authority will consider in filling the vacancy. [74:840-4.15]
530:10-11-52. [RESERVED]
530:10-11-53. Promotional posting for continuous multiple vacancies
The appointing authority may elect to post general promotional opportunities . . . in cases where there are usually continuous multiple vacant positions within a given job family; provided the appointing authority maintains a promotional applicant list for each job family which is posted on the basis of general promotional opportunities. In such cases, the posting must include the length of time and conditions under which the promotional application of the candidate will remain available for active consideration by the appointing authority [74:840 4.15] as well as the information required by 530:10 11 51.
530:10-11-54. Promotional action appeals
If an employee feels treated unfairly with regard to a promotional action after such complaint has been reviewed in a formal grievance procedure conducted in accordance with the grievance procedure of the agency, the employee may seek a remedy through the procedures established in the Oklahoma Personnel Act [74:840 4.15(C)]. If a violation of Section 841.10 [renumbered 840 2.9] of this title has been committed, the Oklahoma Merit Protection Commission may declare a position open [74:840 4.15(C)].
530:10-11-55. Trial period and probationary period for promoted employees
(a) Trial period after intra-agency promotions.
(1) When a classified employee is promoted intra-agency, the employee shall serve a 6 month trial period in the job to which the employee has been promoted unless the Appointing Authority waives the trial period according to the provisions of this Section. The Appointing Authority may waive the trial period at any time by giving the employee written notice of the cancellation. Waiver of the trial period makes the promotion final.
(2) If an employee does not prove to be satisfactory in the new job during the trial period, the employee shall be reinstated to the former position or another in the same job family level, at the salary the employee would have received if the promotion had not taken place. However, the reasons for denying the employee permanent status in the promotional position shall be submitted in writing to the individual before the end of the trial period and a copy filed with the Office of Personnel Management. [T]he employee shall not have the right to appeal [74:840-4.12].
(3) The promotion shall automatically become permanent at the end of the final working day of the trial period.
(4) The Appointing Authority may establish a written policy describing any agency standard for waiving the trial period and the reasons for the standard.
(b) Trial period after interagency promotion.
(1) An employee who is promoted interagency may, at the discretion of the receiving Appointing Authority, be required to serve a 6 month trial period in the new job only if the receiving agency has the job family from which the employee was promoted in its classification plan.
(2) The trial period may be canceled at any time, making the promotion final. Before the effective date of the promotion, the employee shall be informed in writing by the Appointing Authority whether the employee will be required to serve a trial period before such promotion becomes final. The Office of Personnel Management shall be sent written notice when a trial period is required for a promoted employee. The promotion shall be permanent if the Appointing Authority fails to notify the employee in writing before the effective date of the promotion that a trial period is required under this paragraph. If an employee does not prove to be satisfactory in the new job during the trial period, the employee shall be reinstated to a position in the former job family in the same pay band for which the employee is qualified with the receiving agency, at the salary the employee would have received if the promotion had not taken place. However, the reasons for denying the employee permanent status in the promotional position shall be submitted in writing to the individual before the end of the trial period and a copy filed with the Office of Personnel Management. The promotion shall automatically become permanent at the end of the final working day of the trial period.
(c) Statutory probationary period after intra-agency promotion. An employee who is promoted to a job for which a probationary period is either permitted or required by Oklahoma Statutes shall be notified by the Appointing Authority of the probationary period before the effective date of the promotion. An employee shall not be required to serve a trial period after the promotion if a statutory probationary period is required.
PART 7. TRANSFERS AND VOLUNTARY DEMOTIONS
530:10-11-70. [RESERVED]
530:10-11-71. Intra-agency transfer
(a) The intra-agency transfer of a permanent employee from one position to another position in the same job family or another job in the same pay band, for which the employee has currently qualified, may be made at any time by the Appointing Authority.
(b) Upon intra-agency lateral transfer, an employee shall serve a six-month trial period in the job level to which the employee is transferred, unless the trial period is waived in writing by the Appointing Authority. [74:840-4.12] If an employee does not prove to be satisfactory in the new job during the trial period, the employee may be reinstated to the former position or another in the same job family level, at the salary the employee would have received if the transfer had not taken place. The employee shall be informed in writing of any action taken pursuant to this provision.
(c) A state agency shall have sole and final authority to designate the place or places where its employees shall perform their duties. The Oklahoma Merit Protection Commission shall not have jurisdiction to entertain an appeal of an employee from action of the employing agency transferring the employee from one county or locality to another, changing the assigned duties of the employee, or relieving the employee from performance of duty at a particular place and reassigning to the employee duties to be performed at another place, unless:
(1) the action results in a change in job classification or reduction of base salary; or
(2) an investigation by the Commission indicates that a violation of the provisions of Section 840 2.5 or 840 2.9 of . . . [the Oklahoma Personnel Act] may have occurred; or
(3) it is established that the action was clearly taken for disciplinary reasons and to deny the employee the right of appeal. [74:840-4.19]
530:10-11-72. Interagency transfer
(a) An interagency transfer is an action in which an employee leaves employment with one agency and enters employment with another agency while continuously employed with the state [74:840 1.3]. A permanent classified employee retains his or her permanent status in the classified service on interagency transfer.
(b) The interagency transfer of a permanent employee from one position to another in the same job or another job family in the same pay band, for which the employee has currently qualified, may be made at any time with the concurrence of the Appointing Authorities concerned, provided that such transfer has been requested in writing by the employee. Such a transfer may be made simultaneously with a promotion or demotion in accordance with the provisions of the Merit Rules.
530:10-11-73. [RESERVED]
530:10-11-74. Interagency transfer of personnel resulting from transfer of facility or function
When a facility or function is transferred from one state agency to another, classified employees may be transferred without change or modification in status. Such transfer of personnel is subject to the following conditions and provisions:
(1) Positions created in the receiving agency as a result of the transfer of a facility or function which are filled by employees being transferred in accordance with this Section need not be posted as vacant.
(2) If the job family level of transferring employees is not in the receiving agency's classification plan, the appropriate job families must be added to the plan on a temporary basis, not to exceed 6 months after the effective date of the transfer. Any such employee may be detailed to special duty, if necessary, to ensure that work assigned on a regular and consistent basis conforms to the employee's classification.
(3) The receiving agency shall give a transferring employee credit for all unused sick and annual leave the employee has accrued.
(4) The receiving agency shall not reduce the base salary of any employee at the time of the interagency transfer. If an employee must be reclassified to a higher job after transfer, a salary advancement is not required unless the rate of pay before promotion is below the new range. Subsequent salary changes must be in accordance with the Merit Rules.
(5) Except as specifically provided in this Section, all other Merit Rules governing the actions of employees and agencies remain in full force and effect, during and after the interagency transfer.
530:10-11-75. [RESERVED]
530:10-11-76. Voluntary demotion
(a) An Appointing Authority may demote an employee, provided the employee voluntarily makes such a request in writing and meets the current minimum qualifications for the class job family level to which demotion is requested as certified by the Administrator. Provided, however, that possession of the current minimum qualifications shall not be required where the demotion is to a job:
(1) within the same job family, or
(2) in which the employee has previously had permanent status, or
(3) in the same job family as, and below, a job in which the employee has previously had permanent status.
(b) The Appointing Authority may require an employee to serve a trial period in the job to which the employee requests to be demoted. This trial period may not exceed 6 months and may be for shorter periods as determined by the Appointing Authority. The Appointing Authority shall notify the employee in writing before the effective date of the demotion that a trial period be served before such demotion shall become final. The Appointing Authority shall send the Office of Personnel Management written notice when a trial period is required for a demoted employee. The Appointing Authority may cancel such trial period at any time. If the employee does not prove to be satisfactory in the new job during the trial period, the employee shall be reinstated to the former position or another in the same job family. The Appointing Authority shall give the employee written notice of the reasons for the failure to allow the employee to acquire permanent status in the job to which demoted and shall file a copy with the Office of Personnel Management.
PART 9. EMPLOYEE GUIDELINES
530:10-11-90. [RESERVED]
530:10-11-91. Conduct of classified employees
(a) Every classified employee shall fulfill to the best of his or her ability the duties of the office or position conferred upon the employee and shall behave at all times in a manner befitting the office or position the employee holds. In performing official activities the classified employee shall pursue the common good, and, not only be impartial, but act so that there can be no question of impartiality.
(b) A classified employee shall not engage in any employment, activity or enterprise which has been determined to be inconsistent, incompatible, or in conflict with his or her duties as a classified employee or with the duties, functions or responsibilities of the Appointing Authority by which the person is employed.
(c) Each Appointing Authority shall determine and prescribe those activities within applicable laws, which, for employees under its jurisdiction, will be considered inconsistent, incompatible or in conflict with their duties as classified employees. In making this determination, the Appointing Authority shall give consideration to employment, activity or enterprise which:
(1) involves the use for private gain or advantage of state time, facilities, equipment and supplies; or, the badge, uniform, prestige or influence of one's state office or employment, or
(2) involves receipt or ac¬ceptance by the classified employee of any money or other consideration from anyone, other than the state, for the performance of an act which the classified employee would be required or expect to render in the regular course or hours of state employment or as a part of the duties as a state classified employee, or
(3) involves the performance of an act which may later be subject directly or indirectly to the control, inspection, review, audit or enforcement by such classified employee.
(d) Each classified employee shall devote full time, attention and effort to the duties and responsibilities of his or her position during assigned hours of duty.
530:10-11-92. [RESERVED]
530:10-11-93. Resignation prior to prohibited activity
Before any classified employee can participate in any prohibited activity described in the constitution or laws of the State of Oklahoma or rules promulgated thereunder, such employee must resign or be subject to the penalty provided by law. The Appointing Authority shall report such alleged prohibited activity to the appropriate authority in writing.
PART 11. OTHER TRANSACTIONS
530:10-11-110. Detail to special duty
(a) When the services of a permanent classified employee are temporarily needed in a job family or level other than the one to which the incumbent is regularly assigned the employee may be detailed to special duty, at the discretion of the Appointing Authority, to perform the duties of the job to which temporarily assigned.
(b) An employee may be detailed to special duty for 6 months or less without meeting the minimum qualifications for the job family level to which the employee is detailed. An employee may be detailed to special duty for a total of 12 months if:
(1) the employee meets the minimum qualifications of the job to which the employee is detailed; and
(2) the position to which the employee is assigned while on detail is a filled position; that is, the position is temporarily vacant because the incumbent is absent.
(c) A detail to special duty in no way shall affect the status, title or job family held before the detail.
(d) An employee shall not be placed on detail to special duty more than 12 months in any 36 month period.
(e) Pay upon detail to special duty is covered in 530:10 7 17.
(f) Detail to special duty is not required when an employee is temporarily assigned duties of another job for a period of less than 60 days in any 12-month period. However, any temporarily assigned duties shall count toward the time limitations described in subsection (b).
530:10-11-111. Corrective Discipline [REVOKED]
530:10-11-112. [RESERVED]
530:10-11-113. Causes for suspension without pay, involuntary demotion and discharge [REVOKED]
530:10-11-114. [RESERVED]
530:10-11-115. Required notice and opportunity to respond prior to involuntary demotion, suspension without pay or discharge [REVOKED]
530:10-11-116. [RESERVED]
530:10-11-117. Notice of appeal rights upon suspension without pay, involuntary demotion or discharge [REVOKED]
530:10-11-118. Involuntary demotion [REVOKED]
530:10-11-119. Suspension without pay [REVOKED]
530:10-11-120. Suspension with pay
(a) An Appointing Authority may suspend a permanent employee from duty with pay for internal investigatory purposes or to give a permanent employee the required notice and opportunity to respond before involuntary demotion, suspension without pay, or discharge. The Appointing Authority may require the employee to remain available during specified working hours to meet with investigators or other agency officials as required. A notice of suspension with pay, stating the beginning and ending dates and times and specifying any reporting requirements shall be issued to the employee in writing. An employee shall not be placed on suspension with pay more than a total of 20 working days within any 12 month period, except as provided in Subsection (b).
(b) If an Appointing Authority certifies that an internal investigation cannot be completed within 20 days, the Appointing Authority may continue the suspension in accordance with this subsection. The suspension with pay may not exceed the time necessary to complete the investigation and if the investigation warrants, to give the employee the required notice and opportunity to respond before termination.
(c) If the employee is cleared, the Appointing Authority shall fully clear the employee's records in the custody of the agency and shall make every reasonable effort to fully clear any such records which are not in the custody of the agency. If the charges against the employee are confirmed, in whole or in part, a suspension with pay in accordance with this Section shall not preclude an Appointing Authority from taking disciplinary action in accordance with Oklahoma law and the Merit Rules.
530:10-11-121. Discharge [REVOKED]
PART 13. RESIGNATIONS
530:10-11-130. [RESERVED]
530:10-11-131. [RESERVED]
530:10-11-132. Method of resignation
To resign in good standing, an employee must give the Appointing Authority at least 14 calendar days prior notice unless the Appointing Authority agrees in writing to permit a shorter period of notice. A written resignation shall be supplied by the employee to the Appointing Authority. The Appointing Authority will supply the employee written confirmation of any shorter period of notice that is allowed.
530:10-11-133. Abandonment of position [REVOKED]
530:10-11-134. Resignation or leave without pay to accept an unclassified position
(a) No classified employee may be assigned to an unclassified or exempt position unless the employee so desires and such acceptance shall be transmitted in writing to the Administrator.
(b) Any classified employee shall be deemed to have resigned the classified position on the date of accepting an appointment to a position in the exempt or unclassified service of the state; except that, a person appointed to a temporary or acting position in the exempt or unclassified service, including appointment as an acting incumbent as provided in Section 840-5.5(A)(50) of Title 74 of the Oklahoma Statutes, may alternatively request leave without pay status in the classified position while assigned to the unclassified or exempt position. Such leave without pay shall not exceed 2 years from the date of the appointment to the unclassified service.
