DAR File No. 27886

Human Resource Management, Administration

R477-4-7

Rehire

NOTICE OF PROPOSED RULE

DAR File No.: 27886
Filed: 05/13/2005, 11:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment removes from rule a time limitation governing the accrual rate for annual leave. This is no longer appropriate because of a shift in the Department of Human Resource Management(DHRM) policy regarding the calculation of the annual leave accrual rate for rehired state employees and make nonsubstantive changes.

Summary of the rule or change:

In Subsection R477-4-7(1)(a), the deleted sentence was designed to protect the state from claims of retroactive annual leave accrual from rehired employees. This was deemed necessary when DHRM established a new maximum accrual rate of seven hours per pay period because past rules had recognized a period of time in which all service was not recognized. DHRM had made adjustments in the "years of service" policy in previous rules filings which made this deleted sentence unnecessary but failed to remove it. This filing remedies that oversight.

State statutory or constitutional authorization for this rule:

Section 67-19-6

Anticipated cost or savings to:

the state budget:

No costs or savings will be realized by agency budgets. This amendment simply removes an unnecessary clause from rule.

local governments:

DHRM rules only affects state government. Local governments will not by affected by this rule.

other persons:

DHRM rules only affects state government. No other persons will be affected by this rule.

Compliance costs for affected persons:

No additional resource will be required to comply with this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by DHRM have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. Section 67-19-15 limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or saving on to businesses through fees. However, no such costs or savings will accrue with this amendment. Jeff Herring, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Conroy Whipple or May Vang at the above address, by phone at 801-538-3067 or 801-537-3081, by FAX at 801-538-3081 or 801-538-3377, or by Internet E-mail at cwhipple@utah.gov or mvang@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2005

This rule may become effective on:

07/02/2005

Authorized by:

Jeff Herring, Executive Director

RULE TEXT

R477. Human Resource Management, Administration.

R477-4. Filling Positions.

R477-4-7. Rehire.

(1) A former career service employee may be eligible for rehire to any career service position for which he is qualified.

(a) A rehired employee must compete through the DHRM approved recruitment and selection system and must serve a new probationary period, as designated in the official job description.

(i) The annual leave accrual rate for an employee who is rehired to a position which receives leave benefits shall be based on all state employment in which the employee was eligible to accrue leave.[ Any adjustments to the accrual rate shall be prospective from July 1, 2003.]

(ii) An employee who is rehired within 12 months of separation to a position which receives sick leave benefits shall have his previously accrued sick leave credit reinstated.

(b) A rehired employee may be offered any salary within the regular salary range for the position.

(2) Career Service exempt employees cannot be rehired to career service positions, except as prescribed by Section 67-19-17.

KEY: employment, fair employment practices, hiring practices

[July 2, 2004]July 2, 2005

Notice of Continuation June 11, 2002

67-19-6

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Conroy Whipple or May Vang at the above address, by phone at 801-538-3067 or 801-537-3081, by FAX at 801-538-3081 or 801-538-3377, or by Internet E-mail at cwhipple@utah.gov or mvang@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.