Bill Text: WV HB3083 | 2018 | Regular Session | Introduced
Bill Title: Replacing annual and sick leave for state employees with personal leave
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Government Organization [HB3083 Detail]
Download: West_Virginia-2018-HB3083-Introduced.html
FISCAL
NOTE
WEST virginia Legislature
2017 regular session
By
[
to the Committee on Government Organization then Finance.
A BILL to amend and
reenact §29-6-10 of the Code of West Virginia, 1931, as amended, relating to eliminating annual and
sick leave for state employees; replacing those two types of leave with
personal leave; establishing a different amount of personal leave for employees
hired after June 30, 2017; and decreasing the amount of personal leave time an
employee may carry-forward.
Be it enacted by the
Legislature of West Virginia:
That §29-6-10 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 6. CIVIL SERVICE
SYSTEM.
§29-6-10. Rules of
division.
The board shall have the
authority to promulgate, amend or repeal rules, according to chapter
twenty-nine-a of this code, to implement the provisions of this article:
(1) For the preparation,
maintenance and revision of a position classification plan for all positions in
the classified service and a position classification plan for all positions in
the classified-exempt service, based upon similarity of duties performed and
responsibilities assumed, so that the same qualifications may reasonably be
required for and the same schedule of pay may be equitably applied to all
positions in the same class. Except for persons employed by the governing
boards of higher education, all persons receiving compensation as a wage or
salary, funded either in part or in whole by the state, are included in either
the position classification plan for classified service or classified-exempt
service. After each such classification plan has been approved by the board,
the director shall allocate the position of every employee in the classified
service to one of the classes in the classified plan and the position of every
employee in the classified-exempt service to one of the positions in the
classified-exempt plan. Any employee affected by the allocation of a position
to a class shall, after filing with the director of personnel a written request
for reconsideration thereof in such manner and form as the director may
prescribe, be given a reasonable opportunity to be heard thereon by the
director. The interested appointing authority shall be given like opportunity
to be heard.
(2) For a pay plan for all
employees in the classified service, after consultation with appointing
authorities and the state fiscal officers, and after a public hearing held by
the board. Such pay plan shall become effective only after it has been approved
by the Governor after submission to him or her by the board. Amendments
to the pay plan may be made in the same manner. Each employee shall be paid at
one of the rates set forth in the pay plan for the class of position in which
he or she is employed. The principle of equal pay for equal work in the
several agencies of the state government shall be followed in the pay plan as
established hereby.
(3) For open competitive
examinations to test the relative fitness of applicants for the respective
positions in the classified service. Such examinations need not be held until
after the rules have been adopted, the service classified and a pay plan
established, but shall be held not later than one year after this article takes
effect. Such examinations shall be announced publicly at least fifteen days in
advance of the date fixed for the filing of applications therefor, and may be
advertised through the press, radio and other media. The director may, however,
in his or her discretion, continue to receive applications and examine
candidates long enough to assure a sufficient number of eligibles to meet the
needs of the service and may add the names of successful candidates to existing
eligible lists in accordance with their respective ratings.
An additional five points
shall be awarded to the score of any examination successfully completed by a
veteran. A disabled veteran shall be entitled to an additional ten points,
rather than five points as aforesaid, upon successful completion of any
examination.
(4) For promotions within
the classified service which shall give appropriate consideration to the
applicant's qualifications, record of performance, seniority and his or her
score on a written examination, when such examination is practicable. An
advancement in rank or grade or an increase in salary beyond the maximum fixed
for the class shall constitute a promotion. When any benefit such as a
promotion, wage increase or transfer is to be awarded, or when a withdrawal of
a benefit such as a reduction in pay, a layoff or job termination is to be
made, and a choice is required between two or more employees in the classified
service as to who will receive the benefit or have the benefit withdrawn, and
if some or all of the eligible employees have substantially equal or similar
qualifications, consideration shall be given to the level of seniority of each
of the respective employees as a factor in determining which of the employees
will receive the benefit or have the benefit withdrawn, as the case may be.
When an employee classified in a secretarial or clerical position has,
irrespective of job classification, actual job experience related to the
qualifications for a managerial or supervisory position, the division shall
consider the experience as qualifying experience for the position. The division
in its classification plan may, for designated classifications, permit
substitution of qualifying experience for specific educational or training
requirements at a rate determined by the division.
(5) For layoffs by
classification for reason of lack of funds or work, or abolition of a position,
or material changes in duties or organization, or any loss of position because
of the provisions of this subdivision and for recall of employees so laid off,
consideration shall be given to an employee's seniority as measured by
permanent employment in the classified service or a state agency. In the event
that the agency wishes to lay off a more senior employee, the agency must
demonstrate that the senior employee cannot perform any other job duties held
by less senior employees within that agency in the job class or any other
equivalent or lower job class for which the senior employee is qualified: Provided,
That if an employee refuses to accept a position in a lower job class, such
employee shall retain all rights of recall as hereinafter provided.
(6) For recall of
employees, recall shall be by reverse order of layoff to any job class that the
employee has previously held or a lower class in the series within the agency
as that job class becomes vacant. An employee will retain his or her place on
the recall list for the same period of time as his or her seniority on the date
of his or her layoff or for a period of two years, whichever is less. No new
employees shall be hired for any vacancy in his or her job class or in a lower
job class in the series until all eligible employees on layoff are given the
opportunity to refuse that job class. An employee shall be recalled onto jobs
within the county wherein his or her last place of employment is located or
within a county contiguous thereto. Any laid-off employee who is eligible for a
vacant position shall be notified by certified mail of the vacancy. It shall be
the responsibility of the employee to notify the agency of any change in his or
her address.
Notwithstanding any other
provision of the code to the contrary, except for the provisions of section seven,
article two, chapter five-b of this code, when filling vacancies at state
agencies the directors of state agencies shall, for a period of twelve months
after the layoff of a permanent classified employee in another agency, give
preference to qualified permanent classified employees based on seniority and
fitness over all but existing employees of the agency or its facilities: Provided,
That employment of these persons who are qualified and who were permanently
employed immediately prior to their layoff shall not supersede the recall
rights of employees who have been laid off in such agency or facility.
(7) For the establishment
of eligible lists for appointment and promotion within the classified service,
upon which lists shall be placed the names of successful candidates in the
order of their relative excellence in the respective examinations. Eligibility
for appointment from any such list shall continue not longer than three years.
An appointing authority shall make his or her selection from the top ten
names on the appropriate lists of eligibles, or may choose any person scoring
at or above the ninetieth percentile on the examination.
For the establishment of
eligible lists for preference as provided in subdivision (6) of this section, a
list shall be provided according to seniority. An appointed authority shall
make the selection of the most senior qualified person: Provided, That
eligibility for appointment from any such list shall continue not longer than
one year and shall cease immediately upon appointment to a classified position.
(8) For the rejection of
candidates or eligibles within the classified service who fail to comply with
reasonable requirements in regard to such factors as age, physical condition,
character, training and experience who are addicted to alcohol or narcotics or
who have attempted any deception or fraud in connection with an examination.
(9) For a period of
probation not to exceed one year before appointment or promotion may be made
complete within the classified service.
(10) For provisional
employment without competitive examination within the classified service when
there is no appropriate eligible list available. No such provisional employment
may continue longer than six months, nor shall successive provisional appointments
be allowed, except during the first year after the effective date of this
article, in order to avoid stoppage of orderly conduct of the business of the
state.
(11) For keeping records of
performance of all employees in the classified service, which service records
may be considered in determining salary increases and decreases provided in the
pay plan; as a factor in promotion tests; as a factor in determining the order
of layoffs because of lack of funds or work and in reinstatement; and as a
factor in demotions, discharges and transfers.
(12) For discharge or
reduction in rank or grade only for cause of employees in the classified
service. Discharge or reduction of these employees shall take place only after
the person to be discharged or reduced has been presented with the reasons for
such discharge or reduction stated in writing, and has been allowed a
reasonable time to reply thereto in writing, or upon request to appear
personally and reply to the appointing authority or his or her deputy: Provided,
That upon an involuntary discharge for cause, the employer may require
immediate separation from the workplace, or the employee may elect immediate
separation. If separation is required by the employer in lieu of any advance
notice of discharge, or if immediate separation is elected by an employee who
receives notice of an involuntary discharge for cause, the employee is entitled
to receive severance pay attributable to time the employee otherwise would have
worked, up to a maximum of fifteen calendar days following separation. Receipt
of severance pay does not affect any other right to which the employee is
entitled with respect to the discharge. The statement of reasons and the reply
shall be filed as a public record with the director. Notwithstanding the
foregoing provisions of this subdivision, no permanent employee shall be
discharged from the classified service for absenteeism upon using all
entitlement to annual leave and sick leave when such use has been due to
illness or injury as verified by a physician's certification or for other extenuating
circumstances beyond the employee's control unless his or her disability is of
such a nature as to permanently incapacitate him or her from the performance of
the duties of his or her position. Upon exhaustion of annual leave and sick
leave credits for the reasons specified herein and with certification by a
physician that the employee is unable to perform his or her duties, a permanent
employee shall be granted a leave of absence without pay for a period not to
exceed six months if such employee is not permanently unable to satisfactorily
perform the duties of his or her position.
(13) For such other rules
and administrative regulations, not inconsistent with this article, as may be
proper and necessary for its enforcement.
(14) The board shall review
and approve by rules the establishment of all classified-exempt positions to
assure consistent interpretation of the provisions of this article.
(15) Notwithstanding any
provision in this section to the contrary, annual leave and sick leave and
their respective rates of accrual are eliminated and replaced with the
following:
(A) All qualifying
employees who are employed on or before June 30, 2017 are eligible to receive
personal leave as follows:
(i) Less than five years
of qualifying service shall accrue two and three-fourths days per month, with a
carryforward rate equal to thirty days;
(ii) Five years but less
than ten years of qualifying service shall accrue three days per month, with a
carry-forward rate equal to thirty days;
(iii) Ten years but less
than fifteen years of qualifying service shall accrue three and one-fourth days
per month, with a carry-forward rate equal to thirty-five days; and
(iv) Fifteen or more
years of qualifying service shall accrue three and one-half days per month,
with a carry-forward rate equal to forty days.
(B) All qualifying
employees who are hired on and after July 1, 2017 are eligible to receive
personal leave as follows:
(i) Less than five years
of qualifying service shall accrue one and three-eighths days per month, with a
carryforward rate equal to thirty days;
(ii) Five years but less
than ten years of qualifying service shall accrue one and one-half days per
month, with a carry-forward rate equal to thirty days;
(iii) Ten years but less
than fifteen years of qualifying service shall accrue one and five-eighths days
per month, with a carry-forward rate equal to thirty-five days; and
(iv) Fifteen or more
years of qualifying service shall accrue one and three-fourths days per month,
with a carry-forward rate equal to forty days.
The provisions of this
section are subject to any modifications contained in chapter five-f of this
code. The board may include in the rules provided for in this article such
provisions as are necessary to conform to regulations and standards of any
federal agency governing the receipt and use of federal grants-in-aid by any
state agency, anything in this article to the contrary notwithstanding. The
board and the director shall see that rules and practices meeting such
standards are in effect continuously after the effective date of this article
NOTE: The purpose of this bill is
to eliminate annual
and sick leave for state employees. The bill replaces those two types of leave
with personal leave. The bill establishes a different amount of personal leave
for employees hired after June 30, 2017. The bill decreases the amount of
personal leave time an employee may carry-forward.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.