[ NMAC - Rp, 1 NMAC 7.11.8, 07/07/01]. Standards of Conduct. The employee is unable to work due to: i. D.  Attendance standards. R2-5A-303. Such leave without pay may be extended with the approval of the board. 2. D.  Jury and witness fees. B. “Demotion” means a change in the assignment of an employee from a position in one class to a position in another class that has a lower grade. Staff reduction. Nothing in the FMLA or this rule should be construed as limiting an agency’s right to manage, discipline or terminate an employee, including an employee’s failure to comply with the agency’s request for appropriate documentation to substantiate the employee’s need for the leave. 2. As a formal complaint filed under the provisions of Article 9 or a formal grievance under Subchapter B, Article 4, of these rules pertaining to a specific disciplinary action; or. (1) When a party fails to comply with an order, including an order for taking a deposition, the. (1) If the employee does not respond to the notice of contemplated action the agency shall issue a notice of final action within 11 calendar days following the response period. if(min1 < 10){ (1) Reemployment rights under NMAC are extended only by the agency employing the former employee at the time of the job related injury or illness and are provided only for positions which contain the same or lower midpoint as that held at the time of separation. c.   Subject to funding availability, such as federal or grant funding; or. A covered employee who has a break in service and returns to employment in an agency in the State Personnel System in any capacity shall be an at will uncovered employee, unless the appointment is to a position in the covered service. An agency head shall place an employee who sustains a job-related illness or injury that is compensable under the Workers’ Compensation Law, A.R.S. A. Procedures for Review by the Director, R2-5A-803. (a) specify the final action to be taken, which may be upholding the contemplated action, a lesser form of discipline than contemplated, or no disciplinary action; (b) describe the conduct, actions, or omissions which form the basis for the disciplinary action, which may not include allegations not included in the notice of contemplated action; (d) specify when the disciplinary action will be effective, which must be at least 24 hours from the time of service of the notice of final action; and. The employment status of the employee. To covered employees only if such increases are legislatively appropriated. Guidelines for providing preference to veterans in the initial employment process and during reduction in force actions. If an employee becomes ineligible for accrual of annual leave under R2-5A-A601(B), the agency head or the agency head of the losing agency if the employee moves to another state agency, shall pay the employee for all unused and unforfeited annual leave at the employee’s current rate of pay immediately before the change in status. Except as otherwise provided in these rules, an employee who is involuntarily demoted shall not be required to serve a probationary period in the position to which demoted. Full Authority Peace Officers. If an eligible employee takes leave for any reason covered by the FMLA and has not already exhausted the employee’s available FMLA leave, the agency head shall designate the employee’s leave as FMLA leave. An agency head shall use the class title of a position to designate the position in all budget estimates, payrolls, vouchers, and communications in connection with personnel processes. An employee who is reverted shall not have the right to appeal. B. c.   The agency shall pay for all examinations required pursuant to this subsection. the appeal after the deadline for the completion of discovery upon such terms and conditions as the hearing officer deems proper. Title 41, Chapter 4, Article 4. The employer may specify the hours during the period in which the voter may be absent. OBJECTIVE: The objective of Part 3 of Chapter 7 is: to provide for a uniform and flexible system for the classification of state positions that supports the mission of state agencies, is adaptable to change, ensures that all positions are assigned to their appropriate classification, and sets forth a process for implementing classification studies. G.            This rule does not apply to employees in temporary or emergency status. d.   “Extended” means a period of at least three consecutive weeks. [ NMAC - Rp, 1 NMAC 7.13.12, 07/07/01]. An agency head shall ensure that any candidate selected for hire meets the established qualifications for the position filled. An employee may not submit a grievance challenging the following management rights: 1. The Board held a public hearing on May 23,2001,to formally adopt the Rules in New NMAC format. if(min < 10){ C.            “Covered servicemember” means a current member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness; or  a covered veteran (member of the Armed Forces, including a member of the National Guard or Reserves, who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the employee takes FMLA leave to care for the covered veteran) who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. D. Responses to any motions shall be filed according to a schedule set by the hearing officer. 5. OBJECTIVE: The objective of Part 13 of Chapter 7 is: to provide a process for adoption, amendment, or repeal of a State Personnel Board Rule. An agency head shall ensure that every position in the agency has a completed position description describing the current duties, responsibilities, and essential job functions specific to the position.

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