THE PUBLIC SERVICE SYSTEM
REGULATIONS
CHAPTER ONE
PART
I. EXPLANATION AND ORGANIZATION
General Purpose. These regulations implement provisions of the Truk State Public Service System Act in the Executive, Legislative and Judicial Branches of the Government of the State of Truk. The Public Service System shall be a career service, based on merit principles, and free from coercion, discrimination, reprisal, or religious or political influence. It shall be designed to attract, select and retain the best qualified individuals available with incentives for competent and loyal employees, and a means to eliminate unnecessary and inefficient employee. The Public Service System shall, at all times, provide efficient, impartial and equal service to the public, the employees and to management.
1.2. Organization. These regulations apply to all employees and positions in the executive, legislative and judicial branches of the Truk State Government and personnel services performed for the Executive, Legislative and Judicial Branches, with the following exceptions:
a. Members of the State Legislature;
b. The Governor and Lt. Governor
c. Justices and other judges of the State Courts;
d. The Public Auditor;
e. Persons appointed by the Governor to fill the positions for State Director of Education, State Director of Health Services, State Director of Resources and Development, State Director of Public Affairs, State Director of Public Safety, State Director of Treasury, State Director of Public Works, State Director of Transportation and Communications, State Personnel Officer, State Supply Officer, State Planner and the State Attorney General;
f. Persons appointed to any other positions by the Governor with the advice and consent of the Legislature; Persons or organizations retained by contract when the Personnel Officer has certified that the service to be performed is special or unique and non-permanent and is essential to the public interest, and that, because of the degree of expertise or special knowledge required and the nature of the service to be performed, it would not be practical to obtain personnel to perform such services through normal public service recruitment procedures;
h. Persons presently under contracts of employment during the life of such contract, except if renewed or amended;
i. Temporary positions, required in the public interest for special projects which the need does not exceed twelve (12) months;
j. Positions requiring part-time or intermittent work which does not exceed twenty (20) hours in the biweekly pay period;
k. Positions filled by inmates, patients and students of any institutions of the Truk State;
l. Members of any board, public corporation, commission, or similar body, in their capacity as such;
m. Positions specifically exempted by any other law of Truk.
1.3. Application. All matters concerning the classification and compensation of positions and the employment, conduct, assignment, training, performance and separation of employees in the Public Services System shall be governed by applicable regulations and shall be applied equitably to all.
1.4. Eligibility for Employment. Preference in employment, promotions and training shall be given to qualified citizens of the Federated States of Micronesia. United States citizens or third country nationals shall be employed only when qualified citizens of the Federated States of Micronesia are not available.
II-1. Designated Staff Officer. The provisions of the Truk State Public Service System Act and these regulations shall govern the administration of the Truk Public Service System. Subject to these regulations and law, the State Personnel Officer is designated to be responsible for these specific responsibilities:
a.
Directs and supervises all of the administrative and technical activities of the office of Personnel;
b. Administers the system of personnel management and administration for the state government;
c. Prepares proposed policies and regulations to carry out the provisions of the Truk State Public Service System;
d. Acts for the Governor in the exercise of his appointing authority, to include the determinations of qualifications required for all positions, whether employees or prospective employees meet minimum qualifications requirements, and the appropriate compensation for all positions in the Truk State Government;
e. Advises the Governor and his staff on all matters concerning personnel management and administration, employee training;
f. Develops and utilizes the recruitment and selection procedures and methods;
g. Develops and maintains a position classification plan and a pay plan in accordance with the Truk State Public Service System Act;
h. Establishes and maintains a current roster of all officers and employees in the Public Service System, indicating for each of the class of positions held, the salary, and any other appropriate data;
i. Develops training programs for the improvement of employees skill and for the development of a systematic career program for employees who are citizens of the Federated States of Micronesia; Develops and maintains a system of performance evaluation for the purpose of appraising the productivity of employees in the Public Service;
k. Encourages and exercises leadership in the development of effective personnel management and administration within the departments of the state government and makes available the facilities of the State Personnel Office to this end;
l. Fosters and develops, in cooperation with management officials, programs to promote the Public Service System and to improve employee efficiency;
m. Cooperates fully with and attends, or arranges for a qualified -representative to attend, all Personnel hearings and advises the committee on technical matters as required;
n. Performs any other activities deemed necessary and appropriate to assure the promotion of a comprehensive merit system;
o. Performs any other lawful acts assigned to him by the Governor or otherwise required to carry out the provisions and purposes of the Truk State Public Service System Act.
III.A.1. This Sub-Part prescribes the examining system to be used in the Public Service System. It describes the several types of examinations, the assembling of eligible list, and the referral of eligible from those lists to selecting officials.
III.A.2. Competitive Examinations. All examinations shall be competitive and open to the public except where specifically exempted. All examinations shall be either:
a. Assembled wherein the applicants assemble in a designated places) at a specified time (s) to take written or performance tests germane to the positions) sought. Assembled examinations will be conducted under conditions affording maximum security at all times to protect the confidential nature of examination questions and related documents,
b. Unassembled, wherein the applicants, responding to an examination announcement, submit, to designated places and by designated times, their records of education, training, experience, and such other information as requested in the announcement, to be evaluated and rated by a qualified analyst. The examination announcement shall stipulate the dates of opening and closing of the examination, the forms to be used for filing, and the places to which the forms and associated information shall be sent.
III.A.3. Non-Competitive Examinations. Non-competitive examinations, either assembled, or unassembled, may be used when, in the
judgement of the State Personnel Officer, one of the following conditions or circumstances so requires:
a. The position to be filled requires rare or special qualifications or training which do not permit competition.
b. There is a lesser number of qualified applicants than there are positions to be filled.
III.A.4. Publicity. Optimum publicity shall be given to examination announcements through posting within the Truk State, FSM National and State Personnel Offices and such other places as may be designated by the State Personnel Officer (e.g., official bulletin boards in offices or work places). State Department Directors and Activity Heads shall make every effort to bring announcements to the attention of all personnel under their jurisdiction.
III.A.5. Content of Examination Announcements. Announcements shall contain, at least, the following information:
a. Class Title of positions,
b. Salary and pay level.
c. Brief description of duties and responsibilities.
d. Geographical and organizational location of the presently vacant position(s).
e. Qualifications required for admission.
f. Opening and Closing dates, and place to file applications.
g. Place and time of examination, if any.
h. Any other information considered by the State Personnel Officer to be valuable to the attraction of candidates for the positions.
III.A.6. Period of Announcement. Examination announcements on a competitive basis shall be open for at least ten (10) calendar days. However, the State Personnel Officer may extend the period for receipt of applications at his discretion, providing such extension is announced in the same manner as the original announcement.
III.A.7. Continuous Examinations. When difficulty is experienced in attracting sufficient numbers of qualified applicants for vacancies to the Public Service System, the State Personnel Officer may announce a continuous examination. Notice of closing of a continuous examination shall be posted at least one week prior to the final closing date for such examination.
III.A.8. Promotional Examinations. Promotional examinations are restricted to permanent employees in the Public Service System. Announcements to fill vacancies by promotion shall be distributed in the same manner as other examination announcements. However, the State Personnel Officer may restrict eligibility for participation in an examination to a particular department/office if the position to be filled is of nature peculiar to that department/office.
III.A.9. Admission to Examinations. Applications for examination shall be made on forms prescribed by the State Personnel Officer. Proper completion of applications and submission of supplemental information shall be accomplished in accordance with the examination announcement and established procedures. Applications shall be signed and such signature shall certify to the truth of all statements contained therein. A knowingly false answer or statement shall be grounds for denying admission to the examination, removal from the resulting eligible list, or for dismissal from the Public Service if the person is employed prior to the discovery of a false answer or statement. The State Personnel Officer and his designee are authorized to receive applications. Applications for specific positions shall be received only during the period specified on the examination announcement. Applications submitted by mail shall be postmarked no later than the announced closing date. Late applications will not be accepted unless approved by the State Personnel Officer because of unusual circumstances. Such determinations shall be made a matter of record and similar circumstances in other examinations shall be treated equally.
III.A.10. Disqualification of Applicants. The State Personnel Officer or his designee may refuse to examine an applicant for failure to meet the minimum requirements for admission to the examination. Applicants who do not meet the minimum qualifications shall be notified as soon as practicable. If an applicant is disqualified following placement on an eligible list, his/her name shall be removed from the eligible list.
III.A.11. Notification of Acceptance for Assembled Examination. Each applicant who has been accepted shall be given sufficient advance notice of the date, time, and place of an assembled examination; inclusion of the requisite information on the examination announcement. No applicant shall be entitled to take an assembled examination on a date, time, or place, other than that stated in the notification unless specifically authorized by the State Personnel Officer. The State Personnel officer shall not be responsible if a notice is lost in the mails or sent to an applicant's former address. Where mail service is not adequate to meet these notification appointments, oral notification in person, by telephone, or by radio may be given if the foregoing time and content provisions are met, and if such oral notification is properly documented.
III.A.12. Conduct of Assembled Examination. The State Personnel officer shall appoint a representative to administer the examinations at the time(s) and place(s) designated in the notification of acceptance for examination or the examination.
III.A.13. Cancellation of-Examinations. Examinations may be cancelled at any time by the State Personnel Officer if there is no longer need for eligibles covered by the examination or if the examination no longer meets the expressed requirements of the government.
III.A.14. Rating of Examinations.
a. Examinations shall be rated by the State Personnel Officer or by a qualified rating examiner from the Personnel office.
b. Appropriate scientific and statistical techniques and procedures shall be used in scoring and rating examinations, and determining the relative ranking of candidates on competitive examinations. The final rating required to pass an examination shall be set by the State Personnel officer who may also set minimum ratings for each part of the examination when the examinations are arranged in readily identifiable parts, The final earned ratings of candidate shall be determined by combining the earned ratings of each part of the examination in accordance with the weights established for each such part.
III.A.15. Reviews of Examination Results. Any applicant may request a review of his/her rating within ten calendar days following the notification of examination results. Such request for review shall be addressed to the State Personnel Officer who shall comply with the request.
III.A.16. Changes in Rating. Changes in rating may be made as a result of correction of errors in the scoring or rating process, or as a result of a request for review wherein the facts presented warrant a change. Correction of errors shall be applied equally to all participants. An amended notice of rating shall be reported to all applicants affected by such change in rating.
III.A.17. Establishment of Eligible Lists.
a. The State Personnel Officer or his designee shall establish eligible lists in which all candidates who received an eligible or passing rating on the examination shall be listed. The Eligible List shall list the candidates in the order of their respective scores. When the State Personnel Officer provides a list of eligibles to a management official, the names of five or fewer as may be available candidates shall be certified first. An eligible List shall be considered "established" when approved by the State Personnel Officer.
b. When an Eligible List is reduced to a level which contains too few names to provide selecting officials with an adequate range of choice and the employment forecast indicates a continuing need for eligibles in the class, the State Personnel officer shall announce a new examination.
c. In the event two or more applicants have identical ratings, their names shall be placed according to their scores on the most heavily weighted portion of the examination. If all portions are identical, the receipt time of their applications will determine priority. An open competitive list shall be certified by the State Personnel Officer only after it has been determined that a qualified candidate is not available from the re-employment list or promotional list.
III.A.18. Certification From Eligible List.
a. Appointments and promotions in the Public Service System shall be made from certified eligible lists resulting from examinations, except as otherwise provided by these regulations. The process of providing a list of eligible candidates to selecting official is known as "Certification of Eligibles." A Certification of Eligibles shall be drawn from among the highest scoring candidates in precise numerical order, highest score first. Not more than five names shall be certified for one vacancy. If a selecting official intends to fill more than one position from the same examination at the same time, the number of names certified shall be increased by one eligible for each additional position to be filled.
b. Requests for eligibles shall be made on forms prescribed by the State Personnel Officer, and shall early identify the position to be filled.
III.A.19. Procedure when Eligibles are required. Whenever eligibles are required, the State Personnel Officer shall:
a. Prepare the Examination Announcement.
b. Administer the Examination.
c. Establish an eligible list, as determined by the examination.
III.A.20. Removal of Names From Eligible Lists. The State Personnel officer may remove the name of any person who has been disqualified under Section III.A.10 of this Sub-Part. The name of any person may also be removed if:
a. The eligible candidate fails to respond within 10 calendar days from the date of dispatch of an inquiry as to availability for employment, provided that the name may be restored for reasons deemed sufficient by the State Personnel Officer.
b. The person is appointed from that list to a permanent position in the Public Service.
c. The eligible voluntarily withdraws.
d. There is evidence of physical or mental unfitness to perform the duties of the position, as indicated by appropriate medical examination.
e. The eligible
fails to report for duty within the time prescribed by the selecting
official.
f. The eligible
is found to be no longer qualified to perform the duties required of the
class of position.
III.A.21. Selective Certification. When the State Personnel
Officer determines that a position has a selective placement factor which
is not a general qualification requirement for that class of position, he
may certify from the appropriate class eligible list those eligibles who
meet that specific requirement. The individual may be removed from the
list if he refuses a e reasonable offer of employment.
III.A.22. Options for use of Eligible Lists. Whenever
a vacancy arises in the Public Service System, the official responsible
for initiating the process to fill that position has these options:
a. When the
position to be filled does not have promotional potential, the selecting
official may request certification from the appropriate re-employment list
or open eligible list or choose to redefine the position at a lower level.
If the position is in an established career ladder, it must be filled at
the entry level unless there are overriding reasons not to do so. The
State Personnel Officer is authorized to grant exceptions to this
procedure upon proper justification. Appropriate records for such
approvals and associate materials shall be maintained by the State
Personnel Officer for reference.
b. When the
position has promotional potential, and the promotional examination is
unsuccessful in producing a promotional eligible list, the recourse is to
the eligible lists produced by the open examination
process.
III.A.23. Duration of Eligible Lists. The life of an
eligible list, other than the re-employment lists, shall be for a period
of one year, unless extended by the State Personnel Officer.. An eligible
list may be extended up to one year beyond its original expiration date.
No person shall be retained on an eligible list beyond the period of
extension of the original list. when an eligible list is reduced to an
insufficient number of eligibles, a new list may be established through an
appropriate examination. Remaining eligibles shall be combined with those
on the new list for the remainder of the term of the original list. An
open examination eligible list and a promotional examination eligible list
shall not be combined. A competitive examination eligible list and a
noncompetitive examination eligible list shall be combined only as
noncompetitive eligible list. If an eligible candidate successfully
participates in a subsequent competitive examination and the resulting
eligible list is combined with that of a previous competitive examination
eligible list bearing this name, that eligible candidate shall elect to
have his name retained on a combined list, either at the position and for
the remainder of the term of the original list or of the subsequent list,
but not at both positions.
III.A.24. Order of use of Eligible Lists. The following
shall be the order in the use of eligible lists:
a. Re-Employment
list (listing those employees demoted or terminated by reduction-in-force
procedures).
b. Promotional
List (listing permanent employees of the Public Service System
determined to be eligible for promotion).
c. Open list
(resulting from competitive or non-competitive examinations open to
the public, including permanent employees of the Public Service
System), All eligibles for a position must be exhausted from the
Re-employment list before a promotional list may be used. All eligibles
for a position must be exhausted from the re-employment list and the
promotional list before an open list may be used.
III.A.25. Re-Employment List. Any person who has held a
permanent position in the Public Service System who has been demoted
or terminated through reduction-in-force, shall have his name
placed on a Re-Employment List. The name of such person shall be
placed on the Re-employment list for the same or related class of
position as he last held under a permanent appointment. Names shall
be arranged on the re-employment list in the chronological order of
their separation from their respective competitive levels. Names
shall be removed from the re-employment list at the expiration of three
years from the date of separation or demotion, or sooner if the
individual is re-employed in a position at the same or higher
pay level as that he formerly held in the Public Service
System.
III.A.26. Filling Vacancies: Whenever there is
a position to be filled in the Public Service, the management
official shall request a list of eligibles from the State Personnel
Officer who shall thereupon respond to such request by certifying
from the appropriate eligible list in accordance with
Section III.A.18. five (5) highest available eligibles, or a lesser
number as are available. The management official shall make
the appointment from the list'of eligibles submitted to him unless he
finds none on the list acceptable to him, in which case he will
request a new list from the State Personnel Officer who
shall thereupon request him to provide in writing his reasons for
rejecting the eligible list previously submitted to him. A new list of
no more than five eligibles selected in like manner shall be submitted
to the requesting management official if in the opinion of
the State Personnel Officer that his reasons are adequate.
The management official shall make an appointment from that list. If,
however, the State Personnel Officer finds management official's
reasons inadequate, he shall resubmit the original list and an
appointment shall be made therefrom. No person shall report to work nor
receive a salary unless he has been previously certified on an
appropriate eligible list by the State Personnel Officer, or his
authorized representative, and selected by the management official and approved
by the Office of the Governor.
PART III. SUB-PART B.
POSITION AND APPOINTMENTS
III.B.1. Types of Position and Appointments: All positions
in the State Public Service System shall be identified in the records of
the State Personnel Office as either permanent or limited-term, or such
other status. as is authorized by law.
III.B.2. Permanent Position. A permanent position is a
position which is established based upon the continuing need of the
government and which is authorized to continue longer than one
year.
III.B.3. Limited-Term Position. A limited-term position is
a position which is authorized based on a need of not to exceed one
year.
III.B.4. Part-Time Position. A position which is
established for less than full time but with regularly scheduled hours of
duty (e.g., the incumbent works a full day each Monday, Wednesday and
Friday or half day each work day).
III.B.5. Types of Appointments. Appointment in the State
Public Service System are placed in the classes defined in the following:
a. Probationary Appointment . An appointment in
which the appointee is selected from an eligible list resulting
from an open examination to fill a permanent position.
The appointee shall serve an initial probationary period of
one year from the beginning of his probationary appointment and
shall demonstrate his capacity for satisfactory performance before
being converted to a permanent appointment. Separations during the
initial probationary period are not processed under adverse action
procedures.
b. Permanent Appointment. An employee who has been
appointed to a permanent position and who has satisfactorily completed his
initial one year probationary period shall hold a permanent appointment in
the Public Service and is entitled to the full benefits of these
regulations. Permanent appointment may be made to less than full-time
positions with a regularly scheduled hour of duty.
c. Limited-Term
Appointment. A limited-term appointment is one in which the appointee
is appointed to a limited term position for not more than one year. The
appointee shall be entitled only to Workmen's Compensation, Social
Security, annual leave, overtime, and holiday pay unless the last day of
appointment falls on a holiday. An employee serving a limited-term
appointment may serve in any of the following types of positions:
Full-time position, part-time position, and intermittent position. Any
person given a limited-term appointment must meet the minimum
qualifications for the class of position to which
appointed.
d. Provisional Appointment. An appointment, limited
to not more than 90 days, used to fill a permanent position pending the
establishment of an eligible list. The State Personnel Officer may
authorize extension of provisional appointment when the examination fails
to make available any qualified candidate; provided that no provisional
appointment may exceed cumulatively 180 days. Any person given a
provisional appointment must meet the minimum qualifications for the class
of position to which appointed.
e. Emergency Appointment. An emergency appointment
may be authorized under the following conditions:
1. When a
sufficient emergency exists as determined by the Governor;
2. To prevent
the stoppage of essential public business;
3. When it is
not practicable to ascertain whether there is an eligible list; and
4. This
appointing authority shall not continue for more than ten working days.
Such an
emergency appointment shall be limited to 10 work days but may be extended
by the State Personnel Officer or his designee if the Department concerned
so requests in writing, when the cause is determined to be good and
sufficient, and the extension does not exceed 20 additional work days. All
persons receiving emergency appointments shall be required to meet the
minimum qualification requirements of the class of positions to which
appointed.
f. Employment Contract Appointment. An employee
hired because of the unavailability of a qualified FSM citizen shall be
employed under employment contract appointment.
III.B.6. Pre-Employment Physical Examination. All persons
selected for probationary or permanent appointments in the Public
Service System must be physically capable of performing the duties of
the position. They must be free from communicable diseases and any
present or potential medical condition which would be detrimental to
successful performance of duty or the health of other employees, or
reflect discredit upon the Public Service System. Examination shall be
required as follows:
a. For sedentary
work (usually office occupation). The medical examination shall
consist of medical history, blood pressure check, chest x-ray, and an
evaluation of general physical condition.
b. For arduous or hazardous work (includes positions requiring regular
operation of motor vehicles or mechanical work equipment). The
medical examination shall consist of medical history, cardiovascular
evaluation including blood pressure check, chest x-ray, general physical
condition, and compliance with special physical requirements for the
position to be established by the State Personnel Officer, in
conjunction with the Departmental Director, the Governor and the
Department of Health Services.
III.B.7. Administration of Physical and Pre-Medical
Examinations. Medical examinations shall be administered by
medical personnel authorized by the Truk State Government to conduct
such examinations for employment purposes, and shall be recorded on
forms prescribed by the State Personnel Officer. Trukese citizen
applicants and employees of the Truk Public Service System are
provided such examinations, free of charge, at the medical
facilities of the Truk State Health Services Department.
III.B.8. Prohibited Actions. Employment of any person
without an approved personnel action is prohibited. Supervisors or
management officials shall not permit an employee to report to work
without an appropriate and formally approved personnel action. The Truk
State Public Service System employee responsible for permitting a person
to report to work without an approved personnel action will be personally
liable for all expenditures including salary for periods worked for such
unauthorized employment.
PART III. SUB-PART C. TERMINATIONS
OTHER THAN FOR PERSONAL CAUSE
III.C.1. General. This sub-part applies to Resignation,
Termination for Medical Reasons, Voluntary Demotion, and
Reduction-in-force.
III.C.2. Separations Other Than
Reduction-in-Force.
a. Resignations. Resignations shall be in
writing and shall be submitted at least 15 calendar days in advance of the
effective date, except in bona fide emergencies so certified by the State
Personnel Officer. The State Personnel Officer may designate management
and highly skilled technical classes for which this period may be extended
to 30 calendar days. The Department Director or Supervisor shall submit a
copy of the written resignation, together with the necessary terminating
documents, to the office of the State Personnel Officer for consummation
of the action. Withdrawal of a resignation prior to the effective date may
be permitted provided:
1. The employee
makes his/her wishes known in writing, and,
2. The manager
concerned agrees to the proposed withdrawal.
b. Retirement, Voluntary. An employee desiring to
participate in the Trust Territory Social Security System upon
determination of eligibility therefore must resign from the Truk Public
Service System.
c. Termination for Medical Reasons. When an employee
is found to have an infections or contagious disease which endangers the
health of others, or become mentally incapacitated, or is otherwise
permanently physically disabled for the satisfactory performance of duties
of the position to which assigned, the Governor through his Personnel
Officer may terminate his employment, provided:
1. No
suitable reassignment can be made within the State Government;
2. Medical
examination procedures have been complied with.
An employee
whose services are terminated under the provisions of this Sub-Part may be
eligible for disability retirement under the Trust Territory Social
Security Law. The responsibility for applying disability retirement rests
with the employee although it is the responsibility of the State Personnel
Officer to assure that the employee is aware of such
opportunity.
d. Demotion, Voluntary. An employee may
volunteer for demotion without prejudice to a lower class of position.
The approval of such a request by the appropriate management officials
must be contingent upon these factors:
1. A vacant
permanent position in the lower class must be available within the
jurisdiction of the management official concerned.
2. No additional
cost shall accrue to the government as a result of or incidental to the
demotion action.
3. The salary of
the demoted employee in the lower level position shall be set at the
highest step providing the rate does not exceed his current pay rate.
Where his/her existing rate exceeds the rate of the maximum rate of the
lower pay level, the employee should be compensated at his/her present
rate.
III.C.3 Reduction-in-Force. An employee may be demoted or
terminated through Reduction-in-Force Acting because of lack of work or
funds, or other management requirements or for other reasons outside of
the employee's control which reflect no discredit on the services of such
employee.
a. Reduction-in-Force Planning. When it becomes
evident that reduction in staff must be made; the Department Director or
Staff Officer concerned shall institute administrative procedures to
assure that all legitimate possibilities for reassignment within that part
of the Government for which he is responsible have been exhausted. If
formal reduction-in-force is the only remaining alternative, he shall
provide to the State Personnel Officer, at least 60 calendar days in
advance, notice of need to take reduction-in-force action. Upon receipt of
a request to initiate reduction-in-force action, the State Personnel
officer determines what appropriate permanent positions, if any, in the
System are vacant, for which recruitment is under way, or which are filled
by employees with other-than permanent appointments into which the
incumbent(s) of the position(s) to be abolished could be moved through
regular personnel actions, and proposes this solution for each position to
be abolished. If formal reduction-in-force action is the only remaining
alternative, the State Personnel Officer proceeds with the
reduction-in-force process,
b. Competitive Processes. Detailed competitive
processes shall be established to assure equitable competition,
recognition of merit, and the public interest. For administrative
purposes, competition shall be limited to the established competitive
areas and levels:
(1) Competitive
Areas. The competitive areas for the Truk State consist of Moen and
its commuting area, and all other atolls and islands in the State are each
a district competitive area.
(2) Competitive
Levels. A competitive level is comprised of all positions within a
class.
(3) Competitive Within a
Competitive Level. When reduction-in-force is required within a
competitive level, the incumbent with the lowest retention standing in
that competitive level shall be RIFed.
(4) Retention
Register. The State Personnel Officer shall establish a retention
register for those competitive levels where reduction-in-force is to be
applied.
(5) Retention Standing. Retention Standing is derived
by using the following;
(a) each
outstanding yearly performance rating given within the last twelve months
preceding the written notice to the State Personnel Officer to institute
reduction-in-force action will be assigned two points;
(b) each
incentive award within the twelvemonth preceding the written notice to the
State Personnel Officer to institute reduction-in-force action will be
assigned two points;
(c) each merit
increase awarded within the twelve months preceding the written notice to
the State Personnel Officer to institute reduction-in-force action will
assigned two points;
(d) each
outstanding yearly performance rating given during previous years will be
assigned one point;
(e) each merit
increase awarded during previous years will be assigned one
point;
(f) each letter
of commendation from the employee's supervisor will be assigned one
point;
(g) the
employee with the highest number of retention points is placed first on
the list.
When employees are found to have the same total
allotted points or no allotted points the one with the greater seniority
(creditable service) shall be placed higher on that retention
register.
(6) Seniority
(a) Seniority based on total creditable service
shall be considered when employees are otherwise determined to have equal
retention standing. When employees affected are found to have equal
retention standing, the employee with less seniority (Creditable Service)
shall be placed lower on that retention register.
(b) Whenever,
after retention points and seniority have been determined, two or more
employees are found to be tied for the same rank position on the retention
register, their final ranking position on the list shall be determined
alphabetically by first name as officially listed on the government
personnel record, starting with the first letter of the alphabet in the
highest position and, in descending order to the list, continuing to the
appropriate letter of the alphabet.
(c) Creditable
service for retention register purpose shall be as defined in Section
III.C.4.F below.
c. Limitations on Competition.
(1) Obligated
positions are positions from which the incumbent is temporarily absent
because of:
a. Approved
education/training leave
b. Temporary
Promotion
c. Detail to another
activity
(2) Employee who
are incumbents of obligated positions shall not be placed in
reduction-in-force competition until they have been returned to duty in
the obligated position; nor shall obligated positions be abolished until
the employee returns to duty in that position. However, whenever possible,
temporary promotions and detail shall be terminated before RIF action, to
permit thorough consideration of obligated positions and their incumbents
as a part of that RIF action.
d. Bumping Rights. If an employee is to be laid off does
not have sufficient retention standing in the competitive level to be retained
in his/her present class of positions, he/she may request the State
Personnel Officer to review the status of employees serving in the same
competitive area in lower classes related to the competitive level. If
an other than permanent employee is found serving in such a lower
class, the position shall be offered to the permanent employee if he/she
meets the qualification requirements therefore; if the offer is accepted,
the permanent employee shall be demoted to the lower class, retaining his
salary level unless it exceeds the maximum step of the lower class pay
level.
e. Order of Termination. The order of termination in
reduction-in force shall be as follows:
1. Persons
occupying positions under emergency appointment, limited-term appointment,
provisional appointment or probationary appointment in a competitive level
shall be terminated in that progressive order, before RIF competition is
instituted.
2. The employee
with the lowest retention standing shall be the first released under
reduction-in-force.
f. Creditable Services for Reduction-in-Force.
Creditable service for reduction-in-force shall be service with the Truk
State Government in those organization parts and in those positions which
are currently subject to the Truk Public Service System under this
sub-part. Additionally, all of the following described service, and no
other is creditable for reduction-in-force purposes:
1. Trust
Territory` Public Service experience since the United States
Administration took over. By Director of Personnel memorandum, dated
January 26, 1972, to all Trust Territory Departments and Districts: When
Actually Employee (WAE) appointments were to be terminated or converted to
appointments per Administrative Directive 72-1, dated January 26, 1976.
WAE appointments until June 30, 1972, to be considered as full-time
employment and service credited accordingly.
2. Marianas Administration under the United States Navy
Technical Training Unit (NTTU) . Until 1962, when the Trust
Territory of the Pacific Islands (TTPI) Headquarters moved to Saipan, the
Marianas (Saipan & Tinian) were under the United States Naval
Administration. Rota was already included in the Trust Territory of the
Pacific Islands Administration prior to 1962.
3. Employment with Island Trading Company in all
Districts.
4. Employment with the United States National Weather
Service.
g. Reduction-in-Force Notice. When the determination
to abolish a position is made arid all efforts to place the affected
employee in another position with his/her competitive area have failed,
the State Personnel Officer shall inform the employee, in writing, that
he/she is subject to reduction and that his/her services shall be
terminated on the date specified. The State Personnel Officer's letter
shall be delivered at least 30 calendar days prior to the effective date
of termination and shall inform the employee that his/her name is being
placed on the re-employment list. The employee shall sign and date a copy
of the letter to acknowledge receipt and return it to the office of the
State Personnel Officer.
h. Re-Employment List. Permanent employees terminated
because of reduction-in-force shall be placed on the re-employment list
for the competitive level for a period of 3 years or until re-employed
from that list whichever occurs earlier. Upon the effective date of such
reemployment, the employee is in permanent status and is not required to
serve an additional probationary period toward gaining permanent status in
the Truk Public Service System.
PART III. SUB-PART
D. GRIEVANCE
III.D.1. Employee Coverage. The Truk Public Service
Grievance System covers all Public Service System
employees.
III.D.2. Grievance Coverage. The Grievance System will
cover any employment matter of concern or dissatisfaction to an eligible
employee unless exempted in Sub-Part III.D.3 below.
III.D.3. Matters Not Covered. The
Grievance System will not cover the following:
a. A fitness-for-duty
examination.
b. The content of
published Government policy.
c. Nonselection for
appointment, promotion or transfer from a group of properly ranked and
certified candidates.
d. Nonadoption of a
suggestion or disapproval of a merit increase, performance award, or other
kind of honorary discretionary award.
e. Any action taken
under Sub-Part E, Part III, Disciplinary Actions of these
Regulations.
III.D.4. Right to Seek Advice. Sometimes, an employee has
a valid reason not taking a grievance to his immediate supervisor. The
Government's Grievance System, therefore, provides opportunity for an
employee to informally communicate with and seek advice from:
a. The State Personnel
Officer, or
b. A supervisory or
management official of higher rank than the employee's immediate
supervisor.
III.D.5. Informal Grievance Procedure. Before an employee
can utilize the formal grievance procedure, he must show evidence of
having pursued his grievance informally. He must complete the informal
procedures before he can request a formal panel hearing and before that
panel can accept from him for processing under the formal procedure a
grievance concerning the same matter.
a. An employee may
present to his supervisor at any time, a grievance concerning a continuing
practice or condition. He must present a grievance concerning a particular
act or occurrence within ten (10) work days of the date of that act or
occurrence, or of the date he became aware of that act or
occurrence.
b. An employee may
present a grievance either orally or in writing to his
supervisor.
c. Supervisors have an
obligation to consider an employee's grievance and to act promptly and
fairly on the issue or issues presented in the grievance. Informal
settlement of a grievance requires that the supervisor exhibit competence,
mature judgement, and a true willingness to reach a satisfactory
settlement.
d. If the employee has
a valid reason for not presenting his grievance to his immediate
supervisor, he must present it to one of the persons designated in Part
III.D.4 above.
III.D.6. Formal Grievance Procedure.
A. If the employee's
grievance is not settled to his satisfaction by the immediate supervisor,
he should forward his grievance to the State Personnel Officer and request
review by a formal panel. A three-member panel shall be selected as
follows: One member selected by the employee; one member selected by the
Department Director or Staff Officer responsible for the employee's
governmental unit; and the third member, who serves as the panel chairman,
selected by the two; all of the panel members must be Truk State
Government employees. This panel will review an employee's grievance and
make recommendation to the Governor, who shall make the final disposition
of the grievance.
B. Entitlement to
formal review is based on compliance with the following:
1. The employee must
explain his attempts to settle the grievance informally.
2. He must have
submitted his grievance to the informal
procedure within the time limit prescribed in
Sub-Part III D.5.a, above.
3. The grievance must
be in writing.
4. The grievance must
contain sufficient detail to identify and clarify the basis for the
grievance.
5. The employee must
specify the personal relief requested by him.
6. The grievance
hearing shall be an administrative hearing of an informal
nature.
7. Government records
requested by the panel must be provided the panel by the record
custodian.
8. The panel chairman
shall prepare a summary report of the hearing.
9. The panel shall
provide the Governor a written recommendation; with expository,
explanatory justification to support the recommendation(s)
III.D.7. Grievance Resolution. Within five (5) work days
after the receipt of the panel's recommendation(s), the Governor must
provide in writing his resolution of the grievance. The grieving employee
and management official must comply with the Governor's disposition of the
grievance.
PART III. SUB-PART E. DISCIPLINARY
ACTION
III.E.1. Actions Covered. This Sub-Part applies to
suspensions, demotion for disciplinary reasons, removal, and abandonment.
This Sub-Part also applies to non-disciplinary suspension for
investigation.
III.E.2. Definitions. The terms suspension, demotion,
removal, abandonment as used in this Sub-Part mean:
a. Suspension: Management action for placing an
employee in a non-duty and non-pay status for a specific length of
time.
b. Demotion: Management action of placing an
employee in a lower pay level with a reduction in his
compensation.
c. Removal: Management action of separating an
employee from the Truk Public Service System, or of terminating the
services of an employee.
d. Abandonment: Management action of separating an
employee for ceasing to work without explanation for more than fifteen
consecutive work days.
III.E.3. Authority to Take Disciplinary Action: The
authority to effect disciplinary actions has been granted to management
officials by Section 25 of Public Law No. 3-43, For this purpose,
management officials shall include the Governor, Lt. Governor, all
Directors of State Departments and Staff Officers of the Executive Branch;
their counterpart officials of the Judicial and Legislative Branches; and
their delegates. A Director may delegate in writing to a Division Chief
the taking of disciplinary actions. The authority to effect disciplinary
actions may not be further delegated or redelegated. For purpose of this
Sub-Part only, the term "management official" will reflect to an
individual who is specifically granted authority through is Sub-Part to
effect disciplinary actions in accordance with this
Sub-Part.
III.E.4. Employee Coverage. This Sub-Part applies to
permanent employees in the Truk Public Service System.
III.E.5. Merit of Disciplinary Action. A disciplinary
action against an employee may not be taken under this Sub-Part except for
such cause as will promote the efficiency of the service.
III.E.6. Suspension Not to Exceed 3 Work Days. A
management official may suspend an employee for-a period not to
exceed 3 work days, whether consecutive or not, for disciplinary purpose.
For suspensions of 3 days or less, the employee must be given at
least 24 hours in advance a dated and written notice of
the suspension. The notice shall contain the specific reason(s) upon
which the action is based. The suspension action shall be placed in
the employee's official Personnel Folder (OPF). An employee who
feels that the suspension is improper or not justified may grieve
the decision of management official.
III.E.7. Suspension for More Than Three (3) Work Days.
(a) A management
official may suspend an employee for such length of time as appropriate
but not to exceed thirty days at any one time or sixty days in a
twelve-month period. For a single suspension of more than thirty work
days, whether consecutive or not, the approval of the State Personnel
Officer shall be necessary.
(b) For the purpose of
investigating a possible charge against the employee, upon
representation by a management official, the State Personnel Officer
may concur in a non disciplinary suspension for investigation of that
employee for up to 30 days, and extension beyond 30 days, to determine if
there is basis for a disciplinary action. Upon completion of investigation
and no charge has been substantiated, the employee shall be reinstated in
his position with full and retroactive pay to the date of
suspension.
III.E.8. Demotions. A management official may for
disciplinary reasons reduce an employee's class and pay level to a lower
class and pay level provided that all disciplinary-action procedures are
followed. An employee who has been demoted for disciplinary reasons
normally shall be placed at the step in the lower pay level which
corresponds to his step in his former pay level.
III.E.9. Removals. A management official may remove an
employee for just cause provided all disciplinary action procedures are
followed.
III.E.10. Disciplinary Action Prerequisites. Management
officials must observe the following requirements when taking suspension,
demotion or removal action under this Sub-Part:
a. The management
official must give the employee at least five (5) work days advance
written notice of his action; except as provided in Sub-Part III.E.6.
b. The letter must
state any and all factors considered in the situation to fully support the
action taken.
c. The management
official must make available to the employee all the materials relied on
to support the reasons for the disciplinary action.
d. The action taken
shall be for good and justifiable cause; and shall be appropriate to the
infraction, if there is one.
e. In the written
notice of disciplinary action the employee must be informed of his right
to file an appeal as provided in Sub-Part III.E.10.f.
following.
f. Any employee covered
under Sub-Part III.E.10.e. may file his appeal personally or by registered
mail with the Personnel Officer no later than fifteen (15) calendar days
after delivery of the written notice of disciplinary action. The appeal
must be in writing and must give the employee's reasons for contesting the
disciplinary action together with any offer of proof and pertinent
documents the employee desires to submit. It should also include the
employee's request for a hearing, if he so desires. Employees located in
the outer islands must also meet the fifteen (15) calendar day period for
filing an appeal. This can be accomplished by submitting the written
appeal to one of the following officials who will certify to the date of
presentation: The Governor's Representative, the Magistrate or the
Community Court Judge of the outer island. After certification has been
made by one of the above officials as to date, the employee should mail
the appeal letter to the State Personnel officer.
PART III. SUB-PART F. APPEALS FROM
DISCIPLINARY ACTIONS
III.F.1. Purpose. This Sub-Part establishes the Truk State
Public Service Appeal System. Any employee covered by Sub-Part
III.E.4 of these regulations may appeal in writing to an Ad
Hoc Committee for review of a decision to take disciplinary action
of suspension, demotion, or removal against him.
III.F.2. Right to a Hearing. Upon the filing of an appeal
by the employee, both the responsible management official and the employee
are entitled to a full and fair hearing before an Ad Hoc Committee which
reviews all evidence and takes all testimony offered both in support of an
in refutation of the disciplinary action. Only one hearing is held unless
the Committee determines the unusual circumstances require
more.
III.F.3. Employee Representation. An employee may be
represented and advised at the hearing by a representative of his choice.
This representative may be another government employee or from outside the
government. The employee may not change his representative once the
committee has begun hearing his appeal.
III.F.4. Government Representation. The government"s
representative at such hearing shall be State Attorney or his designee;
who may also represent the management official. The management official,
however, may select a representative of his choice for such a hearing, but
wholly at his own expense.
III.F.5. Official Time to Prepare for a
Hearing.
a. An employee is
entitled to a reasonable amount of official time to prepare for a hearing
if he is otherwise in an active duty status. Both the employee who appeals
and the appellant's representative shall make arrangements with their
supervisors for the use of their official time.
b. The time to be
allowed must necessarily depend on the facts and circumstances of each
case. If preparation requires more official time than was originally
considered reasonable, the employee or his representative may request the
State Personnel Officer for more time. The State Personnel- Officer will
determine if the request is reasonable and should be
granted.
III.F.6. Freedom From Reprisal or Interference. All
employees covered by Sub-Part III.F.4 of these Regulations are provided by
Section 25(3) of Truk State Law No. 4-23 the right to appeal. The purpose
of the appeal system is to give the employee means for review of his
disagreement. However, unless the employee feels free to use the system,
it will not serve its intended purpose.. Therefore, an employee and his
representative must be free to use the appeal system without restraint,
interference, coercion, discrimination or reprisal. An employee, whether
acting in an official capacity for the Government or on any basis, must
not interfere with or attempt to interfere with another employee's
exercise of his right under this section. To be fully effective, the
spirit as well as these regulations must be enforced. It is not enough for
an official to abstain from overt threats or interference. He must also
refrain from making any statement or taking any action that has the
appearance of a threat, interference, or intimidation.
III.F.7. Disciplinary
Action File.
a. A disciplinary
action file shall be established to hold a separate folder for each
employee subject to a disciplinary action.
b. The disciplinary
action folder must contain the following:
(1) A copy of the
delegation of authority to the management official taking the action, if
not granted by these Regulations.
(2) A copy of the
written notice of disciplinary action.
(3) The materials
relied on by the management official to support the. reasons listed in
that notice.
(4) The employee's
written notice of appeal.
(5) A copy of the
Request for Personnel Action implementing the disciplinary action
appealed.
(6) A transcript, if
there is one, of the appeal hearing.
(7) A copy of the Ad
Hoc Committee's findings.
(8) A copy of the
Governor's decision on the appeal.
(9) A copy of the
resulting request Personnel Action if any.
III.F.8. Hearing Procedure. When an appeal is received,
the State Personnel Officer shall ensure the following are complied
with:
a. The Ad Hoc Committee
shall be composed of one member selected by the employee, one member
selected by the State Personnel Officer, a third member, who shall serve
as the Committee Chairman, selected jointly by the two. If the two members
do not agree within five (5). calendar days on the third member, the third
member shall be selected by lot from among the remaining members of the
panel.
b. With the Ad Hoc
Committee members, a hearing date established, and the hearing location
designated and arranged for.
c. The employee and the
management representative shall provide the State Personnel Officer with a
list of their representative(s) and all witnesses to be called. The State
Personnel Office shall notify all participants of the date, time, and
location of the hearing.
d. The pertinent
Disciplinary Action File and all other documentation prepared for the
Committee members.
e. A representative of
the State Personnel Office designated to sit at the hearing(s) and provide
the Committee administrative support.
f. At the hearing, the
Ad Hoc Committee shall be guided by but need not conform to technical
rules of evidence and the proceedings shall be recorded by machine or
stenographically.
g. If the Ad Hoc
Committee finds a regulatory or procedural defect which would warrant
reversal of the action taken by management official, the Committee shall
prepare a report of its findings on the issue and order that the action be
dismissed without prejudice.
h. The Ad Hoc Committee
shall submit a report of its findings and its recommendations on handling
the matter. If the committee finds the reason(s) for the action are not
substantiated in any material respect, the Committee shall recommend that
the disciplinary action be reversed; but if the committee finds that the
reason(s) are substantiated or only partially substantiated, the Committee
shall recommend that management's action be sustained provided that the
Committee may modify the action of the management official if it finds
that the circumstances of the case so require and may, thereupon,
recommend such disposition of the case as it may deem just and proper.
I. Throughout the
hearing process, highest priority shall be assigned to the expeditious
execution and completion of each step, toward submitting the Ad Hoc
Committee's recommendation(s) within seven calendar days after the close
of a hearing to the Governor, when the appeal is from an Executive Branch
employee; or to the Speaker, when the appeal is from a Legislative Branch
employee; or to the State Judge, when the appeal is from a Judicial Branch
employee.
III.F.9. Appeal
Disposition. Within seven (7) work days after receipt of the
Committee's report and recommendation, the official to whom the report was
submitted must give the employee his written decision. The decision must
state which charge(s) by the management official is (are) substantiated;
and the penalty, if any, to be exacted. Copies of the decision shall be
served on all parties and filed in pertinent files. The appealing employee
and the management official shall comply with the decision, unless it is
superseded by court order or decision.
III.F.10. Status of Employee During the Appeal Period. If
an employee appeals a management official's disciplinary action, that
action shall remain in effect unless and until reversed or modified by the
Governor or the speaker, or State Judge in accordance with Sub-Part
III.F.8(i) and Sub-Part III.F.9.
IV.A.1. Political Activities. The political activities of
persons in the Public Service System shall be subject to the restrictions
of this Sub-Part.
IV.A.2. Rights of Employees. All employees in the Public
Service System shall have the following rights:
a. To vote for the
candidates of their .choice and to express their opinions on political
matters.
b. To be an active
member of the political party or organization of their
choosing.
c. To make voluntary
contributions to a political party for its general
expenditures.
d. To become a
candidate for political office while working in the Public Service System,
providing their campaigning does not take place on government
time.
IV.A.3. Prohibitions. Employees of the Public Service
System shall not:
a. Use their office or
official influence to interfere with an election or to effect the results
of an election.
b. Use their official
authority to coerce any person or political party in reference to any
political related activity.
c. Be obligated to
contribute to any political fund or render services to any political
activity.
d. Solicit or receive
political contributions from anyone while on government time or on
government property.
e. Campaign for any
candidates for public office during official working
hours.
f. Continue as Public
Service System employees while holding an elective office in any branch of
the Truk State Government.
g. Promote or oppose
legislation relating to programs of the Truk State Government without the
official sanction of the proper departmental authority. It should be
clearly understood, however, that nothing in this policy is to be
considered as restricting or interfering with the obligation of employees
to respond freely and candidly to any Congressional inquiries asked of
them in regard to a appropriations or related matters.
IV.A.4. Public Office
.
a. Employees elected to
public office shall resign their positions in the Public
Service.
b. An employee elected
or appointed to a Municipal Council where the work to be performed
is done intermittently, shall have the option of annual leave or
leave without pay while performing his assigned Municipal duties
which may require performance during the employee's regular work
schedule.
IV.A.5. Penalty. Any employee found guilty of a
prohibited activity shall be subject to disciplinary action by
management.
PART IV. SUB-PART B.
IV.B.1. Ethical and Other Conduct and Responsibilities of
Employees.
a. Gifts, entertainment, and favors. An employee
shall not solicit or accept, directly or indirectly, a gift, gratuity,
favor, entertainment, loan, or any other thing of monetary value, from a
person who:
(1) Has or is seeking
to obtain, contractual or other business or financial relations with this
government;
(2) Conducts operations
or activities that are regulated by this government;
(3) Has interests that
may be substantially affected by the performance or non-performance of his
official duty.
Except as specifically authorized by law, employees
are not authorized to accept on behalf of the Truk State Government
voluntary donations-or cash contributions from private sources for travel
expenses, or the furnishing of services in kind, such as hotel
accommodations, meals,and travel accommodations.
b. The prohibitions of
Sub-Part IV., B. 1(a) do not apply in the context of obvious family or
personal relationships such as those between the parents, children, or
spouse of the employee and the employee, when the circumstances make it
clear that it is those relationships rather than the business of the
persons concerned which are the motivating factors.
c. An employee may
accept loans from banks or other financial institutions on customary terms
to finance proper and usual activities, such as home mortgage loans. An
employee may accept unsolicited advertising or promotional-material such
pens, pencils, note pads, calendars, and other items of nominal intrinsic
value. An employee shall avoid any action, whether or not specifically
prohibited by this Sub-Part, which might result in, or create the
appearance of:
(1) Using public office
for private gain.
(2) Giving preferential
treatment to any person.
(3) Impeding government
efficiency or economy.
(4) Losing complete
independence or impartiality.
(5) Making government
decision outside official channels.
(6) Effecting adversely
the confidence of the Public and the integrity of the
government.
d. An employee shall
not solicit a contribution from another employee for a gift to an official
superior, make a. donation as a gift to an official superior, or accept a
gift from an employee receiving less pay than himself.. However, this
paragraph does not prohibit a voluntary gift of nominal value or donation
in a nominal amount made on a special occasion such as marriage, illness,
or retirement.
e. An employee shall
not accept a gift, present, decoration, or other thing from foreign
government unless authorized by the Congress of the Federated States of
Micronesia or by its Constitution.
f. This section
does not prohibit receipt of bona fide reimbursement, unless prohibited by
law, for actual expenses for travel and such other necessary subsistence
as is compatible with this part of which no government payment or
reimbursement is made. However, an employee may not be reimbursed, and
payment may not be made on his behalf, for excessive personal living
expenses, gifts, or entertainment nor does it allow an employee to be
reimbursed by.a person for travel on official business under government
orders when reimbursement is prescribed by-law.
IV.B.2. Outside Work and Interest.
a. Policy. Outside work is permitted. to the extent
that it does not prevent an employee from devoting his primary interests,
talents, and energies to the accomplishment of his work for the Truk State
Government or tend to create a conflict between the private interests of
an employee and his official responsibilities. The employee's outside
employment shall not reflect discredit on the government.
b. Definitions.
(1) The term "outside work"
means all gainful employment other than the performance of official
duties. It includes, but is not limited to self-employment, working
for another employer, the management or operation of a private
business for profit (including personally owned businesses,
partnerships, corporations, and other business entities).
(2) The term "active
proprietary management" as used in relation to outside work refers to a
business affiliation in which substantial ownership is coupled
with responsibility for day to day management effort in making
decisions, supervising operations, dealing with the public and otherwise
discharging essential tasks in the direction of the business.
(3) A situation which may
involve a "conflict of interest" is one in which a Public Service System
employee's private interest, usually of an economic nature, conflicts or
raises a reasonable question of conflict with his public duties and
responsibilities. The potential conflict is of concern whether it is real
or only apparent.
c. Restrictions. An employee shall not engage in
outside activity not compatible with the full and proper discharge of the
duties and responsibilities of his government employment. Any activity
involving an incompatibility of interest is prohibited. Any work
assignment or employment affiliation which might encourage on the part of
members of the general public a reasonable presumption of a conflict of
interest falls in this category. Incompatible activities include but are
not limited to:
(1) Acceptance of a
fee, compensation, gift, payment of expense, or any other thing of
monetary value in circumstances in which acceptance may result in, or
create appearance of, conflicts of interest.
(2) Outside employment
which tends to impair his mental or physical capacity to perform his
government duties and responsibilities in an acceptable manner. An
employee shall not receive any salary or anything of monetary compensation
for his services to the Truk State Government.
d. Among other things,
abuse of leave privileges or use of government time, property or equipment
to engage in outside work shall be treated as an interference with
official performance. Active proprietary management of any except
the smallest business is questionable because of the probability that such
management responsibilities may interfere with the employee's obligations
to his primary. employer, the Truk State Government. Employees are
especially urged to seek the advice of their State Personnel officer
before committing themselves to such activities.
e. An employee shall
not perform outside work.
(1) Which is of such a
nature that may be reasonably construed by the public to be the official
act of the government.
(2) Which involves the
use of government time, facilities, equipment, and supplies of whatever
kind.
(3) Which involves the use
of official information not available to the public.
f. While an
employee is not prohibited from performing general nature as the work he
performs for the government, no employee may perform outside work:
(1) If the work is such that
he would be expected to do it as a part of his regular
duties.
(2) If the work involves
active proprietary management of a business closely related to the
official work of the employee.
(3) If
the work for a private employer is of the same type or closely akin to
that involved in the program responsibilities of the office in which he is
employed.
(4) If the work would tend to
influence the exercise of impartial judgement on any matter coming before
the employee in the course of his official duties.
g. This section does not
preclude an employee from:
(1) Participation in the
activities of national or state political parties not prescribed by
law.
(2) Participation in the
affairs of, or acceptance of an award for, meritorious public contribution
or achievement given by a charitable, religious, professional, social,
fraternal, nonprofit educational and recreational, public service or civic
organization.
IV.B.3. Financial Interest.
a. An employee shall
not:
(1) Have a direct or indirect
financial interest that conflicts substantially, or appears to conflict
substantially, with his government duties and
responsibilities.
(2) Engage in, directly or
indirectly, a financial transaction as a result of, or primarily relying
on, information obtained through his government employment.
b. This section does not
preclude an employee from having financial interest or engage in financial
transaction to the same extent as a private citizen not employed by the
government, so long as it is not prohibited by law, the Truk District
Code, or these regulations.
IV.B.4. Government Property. General Responsibility.
Employees shall be held accountable for government property and moneys
entrusted to their individual use in connection with their official
duties. It is their responsibility to protect and conserve government
property and to use it economically and for official purposes
only.
IV.B.5. Misuse of Government Vehicles. Employees shall
not use or authorize the use of a government owned or leased motor vehicle
for other than official purposes.
IV.B.6. Information. It is the policy of the Truk State
Government to accord the public access to information about its activities
and to make available to the public records of the government except in
the cases where the disclosure of the record is prohibited by status or
constitutes an invasion of privacy of any individual concerned, or the
record is exempt from the disclosure requirements, and sound grounds exist
which require application of an applicable exemption. An employee may not
testify in any judicial or administrative proceedings concerning matters
related to the business of the government without the permission of the
Department Director or the Governor, or his designee.
IV.B.7. Indebtedness. An employee should pay each just
financial obligation in a proper and timely manner owed to the
government. The Truk State Government, and its Department, will not
act as a collection agency for private debts owed by its employees.
An employee may be subject to disciplinary action if his failure
to meet just financial obligations becomes chronic or causes
embarrassment for or places undue burden on the government. A
decision to take disciplinary action against an employee for these
reasons must be taken with full consideration for any extenuating
circumstances over which he has no control, such as sickness,
accident, or death in the family.
IV.B.8. Gambling, Betting and Lotteries. An employee
shall not participate, while on government owned or leased property,
except housing facilities, or while on duty for the government, in any
gambling activity including the operation or a gambling device, in
conducting a lottery or pool, in a game for money or property, or in
selling or purchasing a numbers slip or ticket. However, this Sub-section
does not preclude activities necessitated by the employee's law
enforcement duties.
IV.B.9. Habitual use of intoxicants. An employee who
habitually uses intoxicants or narcotics or dangerous drugs is subject to
removal. IV.B.10. Specific Types of Conduct.
a. Misconduct. Any
criminal, ox dishonest, conduct on the part of a government employee is
cause for his removal from the service of the government
b. Negotiations for employment. It is the policy of
the Truk State Government that employees shall not, without proper
clearance, negotiate for future non-Public Employment System employment
with persons or organizations having business with the Truk State for when
the employee is called upon officially to render advice. In the event an
employee desires to negotiate for such employment, he shall inform his
supervisor of his intentions. If the supervisor determines that the
proposed negotiations will not adversely affect the government's
interests, he may authorize the employee to proceed.
c. Selling or
Soliciting. Employees and other persons are prohibited from selling or
soliciting for personal gain within any building occupied or used by the
government without proper permission. This prohibition does not apply
to:
(1) Authorized and installed
business activities; e.g., employee credit unions, eating facilities,
etc.
(2) Solicitation for fund
raising and other similar activities approved by the Governor
(3) Token solicitations for
floral remembrances, retirement gifts, and similar purposes.
d. Money Lending. The practice of money lending
between or among employees is to be discouraged. Organized financial
lending activities by employees, except when officially sponsored by the
government such as a Credit Union, is prohibited.
e. Endorsements. Employees are prohibited from
endorsing the proprietary products or processes of manufacturers or
the services of commercial firms for advertising, publicity, or sales
purposes. Use of materials, products, or services by the Truk State
Government does not constitute official endorsement, and employees
are cautioned not to make statements written or oral, that can be
exploited to the advantage of one firm over another.
IV.B.11 Contracts with Employees. Because contracts with
its own employees are considered to be against public policy, contracts
with employees or business concerns or organizations which are.
substantially owned or controlled by employees are not permitted in the
Truk State Government except where it is clearly shown that the interest
of the Truk State Government is the major consideration to be served
thereby.
IV.B.12 Community and Professional Activities. Employees
are encouraged to participate in the activities of professional
societies, and of civic organizations whose purpose and objectives
are not inconsistent with those of the Departments in which they are
employed. Affiliation with such groups may be mutually beneficial to
the employee and to the Truk State Government; however,
such participation must not affect adversely an employee's
performance of his regularly assigned duties.
IV.B.13 Records and Testimony. An employee personnel
folder shall be always available to the employees and to any government
agency, or members of the public having legitimate reasons for access
thereto.. However, the TT Manual of Administration Volume I Section 286,
Disclosure of Information in Official Personnel Folders, contains the
regulation and procedures of the government which served as a guide to the
availability of official personnel folders and the information
therein.
SUB-PART A.
CLASSIFICATION.
V.A.1. General. All positions subject to the provisions
of the Truk State Public Service System Law shall be classified in
accordance with an approved Truk State Position Classification
Plan.
V.A.2. Definitions.
a. Position Classification means the process by
which positions in an organization are identified according to their
duties and responsibilities, like positions segregated into groups called
classes, a specification developed of its duties and qualifications to
perform them, and a systematic record made of the classes found and of the
particular positions found to be of each class.
b. Class means one position or a group of positions
sufficiently similar in respect to their duties, responsibilities,
and authority that the same title may be used with clarity
to designate each position allocated to the class, the
same standard qualifications may be required of all incumbents,
the same test of fitness may be used to choose qualified
employees, and the same schedule of compensation may be applied with
equity under the same or substantially the same employment conditions; and
sufficiently dissimilar from any position or any group of positions
to warrant exclusion from those groups of positions. The class title
assigned to a position in accordance with the Position
Classification Plan, shall be the official title and will be used for all
personnel, budgetary and financial purposes. In addition, the official
title should be used for all position organization charts.
c. Position. Means a specific employment, occupied
or vacant, consisting of duties and responsibilities assigned by competent
authority for performance by an employee.
d. Position Classification Plan means classes of
positions arranged in a logical and systematic order to reflect all of the
kinds and levels of work utilized in the Public Service.
e. Management official means a person having
authority to make appointments or change in status of an employee in the
Public Service, or a delegate of such a person.
f. Allocation means the placement of a position to
its appropriate class on the basis of analysis of the duties and
responsibilities of the position.
g. Reallocation of a position is its change of one
class to a different classes resulting from a gradual accretion or erosion
of duties and responsibilities over an extended period of time riot a
result of planned management action.
h. Class Specification means an official position
classification plan document describing the general characteristics of the
class, including the official class title, a description of the scope of
duties and responsibilities of the class, examples of work or typical
duties performed, and a statement of the qualifications required to
perform the work of the class.
i. Occupational Group means a major subdivision of a
position classification plan, generally embracing several series of
classes of positions in associated or related work specialties,
professions, or related activities (e.g., Clerical and Office Machine
Operations; Administrative, Management, and Allied; Agriculture and
Allied; etc., make up occupational groups).
j. Series of classes means classes closely related
as to occupational specialty but differing in level of difficulty and
responsibility and qualifications required (e.g., the three classes of
Engineering I, Engineer II and Engineer III make up a series.
k. Position
Description means a formal, official written statement by management
documenting the assignment or arrangement of the duties and
responsibilities of a position.
V.A.3. Principles and Policy. The basic principles
underlaying the position classification system are:
a. Equal pay for
substantially equal work.
b. Varations in pay in
proportion to substantial differences in difficulty, responsibility, and
qualifications requirements of the work.
The governments' position classification
program applies these principles in response to managements' expressed
needs and in support of mission accomplishments. Changes in classification
shall not be made for the sole purpose of raising or reducing pay, but
only to reflect clear and significant changes in duties and
responsibilities. Supervisors and managers are expected to organize the
work of their organizations and structure the positions so that
vacancies can be filled at the lowest level at which qualified
applicants can be obtained.
V.A.4. Responsibilities
a. State Personnel Officer
shall:
(1) Classify positions in the
Public Service System.
(2) Provide staff services in
all aspects of position classification, including advice to management,
assistance to supervisors and employees.
(3) Assure that positions are
adequately described and properly classified and that corrective action is
taken as needed.
(4) Provide to managers staff
assistance in the execution of government's position management
program.
(5) Establish and maintain
the official position description files for the
organization.
b. Management officials
and Supervisor are responsible for the following:
(1) The planning, organizing,
developing and assigning of duties and responsibilities to positions,
whether occupied or vacant;
(2) When making assignments,
giving consideration to the mission of the organization and structuring
the position for accomplishment of requirements in the most effective and
economical manner possible;
(3) Assuring that the current
duties and responsibilities assigned to the positions are completely and
accurately described in position descriptions in full and sufficient
detail for position classification and all related purposes;
(4) Assuring that assigned
duties and responsibilities do not duplicate or overlap those of other
positions;
(5) Assuring the development,
preparation, maintenance, and submission of factual and up-to-date
functional statements and organizational position charts which
clearly depict such information as assigned organiza tional and/or
supervisory responsibility, organizational segment identification,
employee names with official class titles and pay levels for the
positions to which assigned, the title and pay levels of vacant
positions which are funded and approved, and other similar essential
details; and
(6) Assisting their employees
to whatever extend necessary to accomplish the foregoing and to obtain
information from authoritative sources, as necessary to answer specific
questions as may be raised- by their employees.
V.A.5. Position Planning. The supervisor is responsible
for position planning. He analyzes the work to be accomplished, decides on
work or production methods, and determines the requirements for
supervision, special technical support, quantitative and qualitative
controls, and review and evaluation. A well defined position has clearly
defined operation, tasks, duties, authorities, responsibilities, and
supervisory relationships.
V.A.6. The effective date-for
an initial allocation or reallocation of a position shall be the first pay
period following approval of such action by the State Personnel Officer.
Exceptions to this rule may be made by the State Personnel Officer only
for such reason as will expedite public business and not result in an
inequitable situation.
PART V.
SUB-PART B. COMPENSATION
V.B.1. General. All positions covered in this Sub-Part
shall be compensated in accordance with established Compensation Plan.
V.B.2. Compensation Plan. The classes in the Position
Classification Plan, when assigned to appropriate pay levels of the Base
Salary Schedule as established by law, and the system of making those
assignments shall constitute the basic Compensation Plan.
The State Personnel Officer, shall assign or
reassign all classes in the Position Classification Plan to appropriate
pay levels in the Base Salary Schedule in accordance with the
following:
a. Kind and level of
work.
b. Degree of difficulty
and responsibility.
c. Kind, quality and
level of qualification requirements.
d. Relationship to
other classes in its occupational group, and of its occupation group to
other occupational groups.
e. Long-range
recruitment market experience.
V.B.3. Periodic Review of Compensation Plan. The State
Personnel Officer shall periodically conduct necessary and appropriate
studies of rates of compensation and compensation practices in all
geographic areas from which employees are normally recruited, and shall
recommend and transmit amendments to compensation plan to the Governor for
his review and approval. Following such review, the Governor shall further
transmit it to the Truk Legislature for its consideration and
action.
V.B.4. Establishing Salary Upon Appointment.
a. Salary shall be
fixed at the first step of the appropriate pay level upon initial
appointment. Should a higher rate be deemed necessary to recruit and is
appropriate to the qualifications of any qualified applicant, the salary
may be fixed by the State Personnel Officer at any succeeding step but not
beyond the fifth step which becomes the minimum for that class of
position.
b. When a person who
was a permanent employee is re-employed after a break in service of one or
more days into a position in a class and pay level lower than the highest
class and pay level he had previously held, his salary may be set based on
the highest previous rate held provided the rate does not exceed the
limitation established in V.B.4(a) above. Payment of salary above step 1
of a level must be approved by the State Personnel Officer.
V.B.5 Promotions. An employee who is promoted from a
position in one class to an existing position in a higher class shall be
compensated at the lowest step in the new pay level which equals at least
the amount of a two (2) step increase in the old pay level. The rate of
compensation cannot exceed the rate of the maximum step in the higher pay
level. The effective date of the promotion shall be the new service base
date for within-grade increase purpose for the promoted employee.
Retroactive promotions shall not be made except when directed by a
decision of the court pursuant to an employee's appeal.
V.B.6 "Acting Assignments." An "acting" assignment is
the designation, in writing, that an employee serves in place of a
supervisor within the Public Service System. An "acting" assignment shall
not be effective for more than ninety (90) days. Whenever the "acting"
assignment is required for more than ninety (90) days, a personnel action
for temporary promotion may be effected on the beginning of the pay period
following completion of the original ninety (90)-day assignment, and must
be documented.
V.B.7 Detail. A detail is an assignment of an employee
to a written set of duties or to an encumbered position where the
incumbent is expected to be absent from the position for a period not to
exceed ninety (90) days. In the event a detail to the higher class exceeds
(90) days, a temporary promotion may be effected beginning on the first
pay period following the completion of the original ninety (90)-day
detail, and must be documented.
V.B.8 Temporary Promotions. When an employee is
promoted temporarily to a higher class and pay level he shall be
compensated at the lowest step of the new pay level, which is at least
equivalent to an increase of two steps at his current pay level. If the
employee does not meet the qualifications standards of the position to
which promoted, the employee may be temporarily promoted to an
intermediate grade, if one exists, and he meets the qualifications
standards, or if the employee does not meet the qualifications standards
of either the target grade or the intermediate grade, he shall be
compensated with two (2) steps in his current pay level, but may not
exceed the maximum step. Upon return to his former position, he shall be
returned to the grade and pay level which he would be receiving had he
remained in his former position. The employee must be informed., in
advance, in writing, of these conditions and acknowledge his understanding
by his signature.
V.B.9. Demotion. An employee-demoted, through no fault
of his own, or at his own, or at his own request, to a position in a lower
pay level, shall be compensated at the rate which does not exceed his
current pay rate. Where his existing rate exceeds the rate of the maximum
step of the lower pay level, the employee salary shall not exceed the
maximum of the to lower pay level. An employee demoted as a disciplinary
measure shall have his compensation reduced to the corresponding step of
the lower pay level, and may, with the approval of the State Personnel
officer, be compensated at a lower step.
An employee demoted for nondisciplinary
reasons, during a new probationary period, to the class of position from
which he was promoted, shall be compensated at the pay level and step
received immediately prior to his promotion, with time in the higher class
credited toward the waiting period for Periodic Step
Increases.
V.B.10. Transfer. An employee who is transferred, shall
receive no change in compensation. A minimum of two weeks' notice must be
given to the losing supervisor or department prior to effecting a
transfer.
V.B.11. Effect on Service Anniversary Date. An employee's
service anniversary date will not be affected by detail, "acting"
assignment, temporary promotion, demotion (other than for disciplinary
reasons), or transfer action. A service anniversary date will be changed,
however, with the approval of the State Personnel Officer or his designee,
to the effective date of a demotion for:disciplinary reasons.
V.B.12. Reallocation of Position. In the rare instances
of a reallocation of a position, the employee's pay shall be set at the
lowest step in the higher pay level which equals at least one step
increase in the lower level position.
V.B.13. Effective Date of Position Changes. The effective
date of all position changes shall be the beginning of the first pay
period immediately following the official approval of the action.
Retroactive effective dates shall not be used except as a result of the
court decision which specifically sets an effective date as part of the
appeal award.
V.B.14. Within-Grade Increase Eligibility.
a. Within-Grade Increase. An employee may be granted
a within grade increase upon completion of the following periods of
satisfactory work performance:
Steps Full Periods of Satisfactory
Performance
Required Before Within-Grade
Increase may be allowed
1 to
2 52
calendar weeks
2 to
3 52
calendar weeks
3 to
4 52 calendar
weeks
4 to
5
52 calendar weeks
5 to
6 52
calendar weeks
6 to
7 104
calendar weeks
7 to
8 104
calendar weeks
8 to
9
104 calendar weeks
9 to
10 104
calendar weeks
b. Employees assigned
to work part time will be eligible for a within-grade increase only at
such time as the cumulative total of all regularly scheduled hours worked
equates to a standard work period of 2,080, or 4,160 hours, as
appropriate, and such service has been satisfactory. Employees who are
employed on an intermittent or limited-term basis are not eligible to
receive within-grade increase.
c. Effective date of
within-grade step increase shall be the first day of the first pay period
following completion of the required waiting period.
d. For all positions,
approved leave in a nonpay status (leave without pay -LWOP) not exceeding
eighty (80) hours if the waiting period is one year, one hundred sixty
(160) hours if the waiting period is two years, is creditable toward the
waiting period for a within-grade increase. Leave without pay (LWOP) in
excess of the applicable grace period set out herein.
e. Time served in a
leave without pay (LWOP) status for purposes of job-related education for
training is credited towards within-grade increase, the same as if
the employee had been in a pay status for that period of time while
on LWOP. However, any portion of the time while on LWOP that is not
directly related to the study program, or associated travel via the most
direct route, is not creditable toward the waiting period for a
within-grade increase. Finally, to be creditable toward the waiting
period, the education program in which the employee is enrolled must
be clearly and directly applicable to the employee's present
position or one to which he may reasonably aspire, and for which he
released from full time work status and placed in an approved leave
without pay (LWOP) status.
f. A former employee
re-employed with a break in service of ten (10) working days or more
begins a new waiting period for a within-grade increase. No credit will be
given toward the completion of this waiting period for any time served
under a former waiting period prior to the break in service.
V.B.15 Disposition of Leave Upon Separation
a. Annual leave
An employee separated from the Public Service for any reason
shall receive a lump-sum payment for all annual leave accrued and
accumulated to his credit at the time of separation.
b. An employee
separated from the Public Service for any reason shall have all sick leave
accrued to his account held in the leave records for three (3) years.
Should the person be re-employed in the Public Service at any time during
that period, the sick leave balance shall be recredited to his sick leave
account and available for use from the first day of his re
employment.
V.B.16 Overtime Compensation and Control
a. An employee shall be
paid overtime compensation at one and one-half times the base salary rate
or adjusted base salary rate for all overtime when he is directed to work
and does work:
(1) In excess of eight (8)
hours in one day, or
(2) On the sixth and seventh
days of the workweek, provided he has first worked 40 hours at straight
time in the same workweek.
(a) Overtime shall be paid
under 1 Or 2 immediately above, but not a combination of
both.
(b) An employee in pay status
during a workday or other than actual time worked must actually work eight
(8) hours at his straight time rate on that workday before overtime is
payable.
(c) An employee in pay status
during the first five days- of the workweek or other-than actual time
worked-mus" t work an equivalent number of hours at his straight-time rate
on the sixth an/or seventh days of that workweek before overtime is
payable.
(d) Any employee who is being
paid a standby premium for remaining on call to duty at any time
during a regularly-scheduled standby period in excess of a
forty (40) hour-work-week shall not be eligible for overtime pay for any
work performed while on scheduled standby.
(e) An employee required to
work overtime immediately preceding or following his regularly scheduled
work hours will be credited with the overtime actually worked. An employee
recalled to work after departure from work will
be credited with a minimum of two hours overtime. An employee who at his
option takes a break between the end of his regularly scheduled work hours
and the start of the overtime period will be credited with the overtime
hours actually worked.
(b) Control of Overtime. Overtime is scheduled and
approved in advance, except in unanticipated emergencies. Overtime must be
requested by the immediate supervisor and approved by his superior or the
Department Head. Management may direct employees to work overtime in
situations where work cannot be accomplished during the regular workday,
nor postponed to the following day or days.
c. Approval of Overtime. As a general policy, an
employee who has, taken annual or sick leave will not be scheduled to work
overtime on the same day, and will be advised that overtime voluntarily
performed is not compensable.
d. Supervisors Working Overtime. As a general
policy, managers should refrain from directing supervisory personnel to
work overtime.
e. Supervision of Overtime Work. In the event that
three or more employees are directed to work overtime, a supervisor must
be present to ensure proper utilization ` of the overtime
period.
f. Flexible Schedule Employees. There are certain
employees who are in occupations and professions which do not lend
themselves to a standard forty (40) hour workweek. These employees are
considered to be on an annual salary and not eligible for overtime.
However, every reasonable effort should be made to limit the hours of
these employees to forty (40) hours per week.
V.B.17. Use of Nonstandard Workweek. Nonstandard
workweeks may be used to provide continuity of service or to fullfill
other needs of the public interest. Schedules for nonstandard workweeks
shall be devised, in advance, by the manager concerned and approved by the
Department Director or Governor. When it becomes necessary to change an
employee from a standard workweek to a nonstandard workweek he shall be
given notice in writing of at least five work days in advance of the
effective date of the change. If an employee is not given the required
notice of change in schedule of work, he shall be compensated under the
regular overtime provisions until the nonstandard schedule is
affected.
V.B. 18. Holidays.
a. Employees
shall be paid holiday pay for work performed on the following
holidays in accordance with the regulations set forth herein:
New Year's Day
January
1
President's Day
Third
Monday in Feb.
Federated States of Micronesia Day
May
10
Memorial Day
Fourth Monday in May
Independence
Day July
4
Labor Day
First Monday in September
Truk State
Charter
Day September
26
Columbus Day
Second Monday in October
United Nations
Day
October 24
Veteran's
Day November
11
Thanksgiving
Day Fourth
Thursday in November
Christmas Day
December 25
b. Payment of work on Holidays.
(1) Any employee
required to work on a legal holiday which falls within his
regularly-scheduled workweek shall be compensated for the regular 8 hours
worked at two times the base salary rate or the adjusted base salary rate
when provided, by law, for his position. Any work in excess of eight hours
will be compensated at the overtime rate.. Holiday pay for hours of work
performed on a legal holiday will not be paid any employee who is paid for
the same hours a Standby Differential.
(2) Any employee
required to work on a holiday which falls outside his regularly-scheduled
workweek, shall be compensated for the hours worked in the same manner as
for overtime worked performed on any other day.,
c. Holiday Pay in a nonstandard workweek. When
holidays fall on a regular nonwork day for employees whose workweek is
other than the standard workweek, the workday immediately preceding or
succeeding the holiday shall be designated (as determined
administratively) as the holiday in lieu of such holiday which occurs on
the employee's scheduled non-work day.
(1) Such
employees who have designated holidays in lieu of the official holiday
shall be excused from duty on the designated holiday.
(2) Such
employees who are required to work on their designated holiday shall
receive two times the base salary rate or adjusted base salary rate for
work performed on that day. If assigned work extends beyond the scheduled
eight hours, the time in excess of eight hours shall be compensated at
one-and onehalf times the base salary rate or adjusted base salary
rate.
V.B.19. Merit Increases. An employee may additionally be
granted a merit increase not to exceed a one step increase in the base
salary rate or adjusted base salary rate of pay in any 104 calendar week
period for sustained superior performance over such period.. Such
additional merit increase will not alter the waiting period required for
qualifying for the next within grade step increase. No employee shall be
compensated above the maximum step prescribed for his pay level except
where he is receiving such compensation pursuant to
law. A merit increase is initiated and signed by the employee's
supervisor and forwarded to the State Personnel Officer for his
review and approval.
V.B.20. Premium
Pay.
a. Limitation on Payment of
Premiums. No employee-may receive payment for combined differentials
of Hazardous work, Hardship Post, Night work, and Standby, in excess
of thirty percent (.30.%): of the base salary rate.
b.
Hazardous Work Differential. All employees whose
occupation involves unusual and extreme hazards to health and safety
shall be paid a differential of twenty-five percent (.25%.)
of their base salary rate or adjusted base salary rate.
(1)
Qualification Criteria.. To
qualify for payment of Hazardous-Work Differential, the following
conditions of work must be met:
(a) The
conditions of unusual and extreme hazards to the employee''s-health and
safety must be clearly evident and fully defined.
(b) The hazard,
on which a request for payment of such differential might be based, has
not previously been recognized in the establishment of the pay level for
the class which covers the position (s). and work involved;
(c) Exposure to
the particular unusual and extreme hazard must constitute a reasonable
amount of time so as to be clearly recognizable. For
example, several repeated exposures to such a hazard occur for a brief
period of time (e.g., one day) may possibly provide a valid basis for
recognition of the hazard. Conversely, clear and sustained exposure to an
unusual and extreme hazard is readily more recognizable and measurable.
c. Night Work Differential. Additional compensation
in the form of a Night Work Differential of fifteen percent (15%) of base
salary rate or adjusted base salary rate is paid for all hours worked
between 7 p.m, -and 6 a.m., when such hours are included within a regular
scheduled tour of duty.
(1) Control
Criteria. To be eligible to receive payment of a Night Work Differential,
the following criteria must be met.
(a) Payment will
be made only for actual hours worked which fall between the period of 7
p.m. and 6 a.m.
(b) The above is
restricted to include only those regularly-scheduled work hours within the
specified time period which constitute all or part of the employee's
regular hours of duty.
(2) Nonpayment of
Night Work Differential. Payment of a Night Work Differential will not be
made for the following situations:
(a) An employee
whose regular hours of duty include scheduled hours during the period of 7
p.m. to 6 a.m. is absent and does not actually perform work for the hours
involved;
(b) An employee
required to perform work during the hours. of 7 p.m. and 6 a.m. which is
not a part of his regularly-scheduled hours on night work duty; (c). An
employee who is paid a Standby Differential for remaining on call to duty
at any time during a regularly-scheduled Standby period in excess of a
normal forty (40) hour workweek, or an eight (8) hour workday, shall not
be eligible for payment of Night Work Differential for any work performed
while on scheduled standby.
d. Standby Differential. All employees whose
conditions of work or employment involve all of the following criteria
shall be entitled to receive a Standby Differential of twenty percent
(20%) of base salary or adjusted base salary rate when provided by law,
all the following I conditions of work or adjusted base salary rate when
provided by law, all the following conditions of work or employment must
be met:
(1) The nature of
the position or occupation is such that employees are required to remain
on call in a standby duty status which must be performed at their
designated work station or locations;
(2) Hours of
Standby duty must be for a regularly scheduled period of time in excess of
a normal forty (40) hour workweek. The minimum scheduled stand by duty
hour shall consist of not less than sixteen (16) hours per pay period.
(3) Employees
being paid Standby Differential are not eligible to receive Night
Differential, Holiday Pay, or Overtime Pay for any work performed while
serving a scheduled standby.
(4) Employees
assigned to work regularly-scheduled hours of standby duty must be
regularly and frequently called upon to perform the assigned duties or
services while on standby.
e. Typhoon Emergency Bonus. Employees who are
required by the Truk Government to work in a location and during a period
of time in which a typhoon or tropical storm emergency has been declared
and in which other government employees are released from work as a result
of such condition, shall be compensated for the hours 'such employees are
required to work while such declaration of emergency shall remain in
force, at the rate of two and one-half times the base salary rate, or
adjusted base salary rate when provided by law.
f. Premium.pay for Advanced Professional Degree
(1) Any FSM
citizen employee who has achieved advanced professional capabilities
through obtaining an earned professional degree in law, or earned
doctorate in any other field, or an earned degree in professional
engineering awarded on completion of a four-year course, from an
accredited United States university or any other college or university
which is accredited by the competent authority in the jurisdiction where
the college or university is located and who is employed in a position
having a requirement for such a degree, shall receive, in addition to the
base salary, a premium of twenty-four percent (24%) of the base salary for
the pay level and step of the position.
g. Relocation Differential. Those employees in the
Public Service who have been entitled to a Relocation Differential as
provided by former law or regulation, shall cease to receive such
differential on the effective date of these regulations. In the event the
effective date of these regulations is backdated, those employees who were
receiving such a differential at such time, shall not be obligated to pay
back.
h. Special Medical Differential. Any FSM citizen
employee who is a Medical Officer or Dental Officer and who
occupies a position the duties of which are predominantly clinical,
as opposed to administrative, in nature, shall continue to receive,
in addition to a base salary, a Special Medical Differential
of twenty-four percent (24%) of the base salary for the pay level
and step of the position until December 31, 1981, at which time
such differential shall be terminated. No employee who is
receiving as part of his compensation a twenty percent (20%) Standby
Differential shall be paid at a base salary rate in excess of
$521.28 biweekly.
i. Foreign Service Premium. Any FSM citizen who is a
Truk State, Public Service employee, assigned on a permanent change of
duty station to work at locations outside the geographic boundaries or
administrative control limits of the FSM shall receive, in addition to a
base salary, the appropriate Foreign Service Premium for the
area to which he is assigned in accordance with the pay level and step of
his position. When the location of the foreign assignment is a location
other than the United States or United States territory, the employee will
receive the percentage of the United States Market Place Differential
which foreign nationals recruited from that location receive, or minimum
of thirty percent (30%) of base salary, whichever is the
higher.
V.B.21. Approval of Requests to Provide Premium Pay or
Differentials. All requests to pay premiums (except for overtime,
holiday pay, and typhoon emergency bonus) or differentials as defined
herein shall be submitted by State Department Directors or Activity Heads
on a Request for Personnel Action to the State Personnel Officer for
review and approval. The request must be accompanied by a letter of
justification addressing each of the criteria required to support
the particular premium or differential. Similarly, a request to remove
premiums or differentials shall be accompanied by an approved Personnel
Action. Removal of differentials or premiums does not constitute a
"reduction in pay" and does not require a formal adverse action under
Sub-Part III.C.2 of these regulations.
V.B.22. Bar to Dual Compensation or Dual Employment. No
employee shall Receive Compensation for two positions or two appointments
in the Public Service System. When an employee is engaged in government
work other than in his regular position under the provisions
of Truk State law, he shall be (1) placed on leave without pay (LWOP).from
his regular position, or (2) continue his government salary and reject the
salary for the second position, whichever is to his personal advantage.
Exception: When an employee is engaged as a Classroom Teacher outside his
regular workday to teach Adult Basic Education, he shall be paid at the
rate established by regulation. Other exceptions may be made upon proper
justification, with the specific written approval of the State Personnel
Officer.
V.B.23. Transfer Allowance - Per Diem. When an employee
is recruited or transferred beyond normal commuting distances from his
place of permanent residence for work elsewhere in Truk State he shall be
entitled to: (1) per diem at established rate at the new location; (2) all
justifiable expenses connected with travel of himself and his immediate
family; (3) transportation of reasonable quantity of household effects to
the new work location.
a. Purpose. Payment of Transfer Allowance per diem
occurs above and beyond travel per diem in effect during actual travel
status up to the day of arrival at the new duty station. Commencing from
the day of arrival at the new duty station these funds are provided for
the purpose of assisting the employee to effect the transfer without undue
economic impact on personal funds or savings.
b. Application of Transfer Allowance. The following
schedule provides for payment of Transfer Allowance:
Schedule of Transfer
Allowance - Per Diem
Employee
Family/Dependent
Number of
Calendar
(and)
Day Per Diem to be paid
Category
Status
Established
Rates
State Center(Moen)
I. Employee with less than three
dependents 15
II. Employee with three or more dependents
30
Other Than
Moen
I. Employee with less than three dependents
30
II. Employee with three dependents or more
60
c. Controls and Procedures. Payment of the 30 or 60
calender days per diem, as appropriate, will be calculated from the date
of the employee's arrival at the new location of assignment. All per diem
will be calculated at established rates for the new location. If an
employee in Category II (in Moen or other than Moen elects to travel
without all of his dependents accompanying him at the time of transfer, he
shall be paid in the appropriate Employee Category based on the actual
number of dependents who did accompany him. If additional dependents
perform subsequent travel and join the employee within one (1) year of the
date of arrival at the new location of assignment (and this increases the
total number of his dependents so as to justify placement in a higher
Employee Category and payment of an additional
amount of Transfer Allowance (Per Diem) adjustment and additional payment
based on an increased number of dependents joining the employee at a later
date than his reporting date, such additional dependents must have been
dependents of the employee at that time of Recruitment or Transfer.
Adjustment for an increased amount of Transfer Allowance occasioned by
additional dependents joining the employee after one (1) year from the
date of his arrival at his new location of assignment, will be made only
in unusual cases where it can be substantiated that such additional
dependents could not have joined the employee earlier because of extreme
hardship, health, completion of a school term, or similar reasons which
provide clear evidence that earlier travel was prevented.
(1) For the
purposes-of this regulation, "dependents" are restricted to include only
the following:
(a) dependent father of
Employee or Spouse
(b) dependent mother of
Employee or Spouse
(c) all unmarried
children, under age 21, including step-children as well-as legally adopted
children.
(d) all unmarried
children, no age restriction, who because of physical or mental incapacity
are incapable of supporting themselves.
Travel Authorizations (Form DL-.10.20),
prepared by the
State Personnel Office to effect the transfer
of Federated States of Micronesia nationals and expatriate personnel, will
indicate in Item #18, "Transfer Allowance Authorized." Upon arrival at the
duty station, the employee is required to submit a Travel Voucher
(SF-1012). This voucher shall include a claim for Transfer Allowance with
a statement as follows:
Employee arrived at duty station
on:
with the following dependents:
Verified correct:
Date of arrival:
*** List dependents by name and birth date as
indicated on the Travel Authorization (TA) who actually arrived at the
duty station with the employee.
*** Signature of the Department/Activity
Head,
as applicable, to indicate verification of
information on the travel voucher.
The Travel Voucher is submitted to the State
Personnel Office for approval. State Finance office computes the voucher
for payment. All calculations for the Travel Allowance will be based on
the established per diem rate in effect for the new location as of the
date the employee arrived at his location of assignment. When an employee
is not accompanied at the time of travel to work assignment by his
dependents, he may later file for an increased amount under the conditions
of the preceding second paragraph of this Sub-Part C, Controls
and Procedures. Travel Vouchers submitted for an
increased amount will be identified as a "Supplemental Claim" at the top
of the Travel Voucher and submitted in accordance with the procedures
outlined above. If necessary, requests for amended Travel Authorizations
(TA's) should be directed to the State Personnel Office.
d. The Full Amount of Transfer Allowance According to
the schedule of Transfer Allowance is Payable:
(1) On the
occasion of initial transfer which, in accordance with the Transportation
Employment Agreement, is for a period of two (2) years. This occurs when
an employee is recruited from another area or location geographically
removed and beyond the normal commuting distance from the location of work
assignment.
(2) Each time an
employee fulfills at least one (1) full year of the two (2)-year
Transportation Agreement, following which the employee is again
transferred to a new location of assignment beyond the normal commuting
distance from the employee's place of permanent residence.
(3) Payment of
Transfer Allowance under (1) or (2) above is made only when the
recruitment or transfer action is initiated by the Truk State
Government.
e. A Reduced Amount of Transfer Allowance is Payable
Under the following Conditions:
An
employee subsequently transferred to another new location not his place of
permanent residence and beyond the normal commuting distance from it
within a period of less than twelve (12) full months following payment of
the full amount of Transfer Allowance for a prior transfer as described
above under (1) or (2) may be paid a reduced transfer allowance as
follows:
(1) Determine
the date on which the employee last received the full amount of
Transfer Allowance; and
(2) Compute the
number of complete months only which have elapsed since (a) above to
the present date of a subsequent transfer to determine the
fractional portion of Transfer Allowance new payable.,
For Example: Employee was paid full amount of
Transfer Allowance as of date of prior transfer on: ...January
10, 1980. Date of subsequent transfer occuring within 12
months... July 20, 1980. Number of complete months elapsed:
Six (6)
(3) Determine
the appropriate Employee Category based on Family/Dependent Status
and Using the Schedule of Transfer Allowance, and ascertain the full
number of calendar days per diem payable for a transfer under
(1) or (2) above. For Example: Category
II Employee with two (2) or more dependents 30
days.
(4) Amount
payable for subsequent transfer: 6/12 of 30 days per diem at established
rates.
(5) Any case
which fits the foregoing situation of a ' subsequent transfer, as defined,
will be calculated using the fractional method of computation illustrated
above.
f. A transfer Allowance is not Payable. When a
person, who for personal and voluntary reasons has left his permanent
place of residence, and who subsequently seeks employment at the location
where he happens to be, and who then becomes employed at that same
location. This situation is considered to be the same as local
hire.
g. Exemptions:
The following positions and types of
appointments have been determined not covered by the Transfer Allowance
provisions:
(1) Special
employment of "rotating doctors" employed for short periods of time
ranging from two (2) to four (4) months.
(2) All
personnel employed on "Local Hire" basis, whether covered by an employment
agreement or not. Includes: Micronesian citizens; United States citizens;
U.S. Nationals and non-citizen permanent residents of the U.S.; and
citizens of any other country.
(3) All
positions and appointments of a temporary nature such as:
(a) Temporary
ninety (90)-day which may be extended for an additional one-hundred eighty
(180) days-not to exceed a total of two-hundred seventy (270) days, to
positions created for relief, repair and rehabilitation as a result of a
disaster.
(b) Provisional
ninety (90)-day appointments which may be extended for an additional
ninety (90) days, to positions pending establishment of an eligible list
of persons from which selection may be made. In the event a provisional
appointee obtains- a probationary appointment and is otherwise qualified,
such an individual shall be eligible for Transfer Allowance on the date
when probationary status is secured.
(c) Emergency
appointments to positions not to exceed ten (10) working days, which may
be extended for an additional period not to exceed -twenty (20.) work
days, for any temporary serious emergency, in order to prevent the
stoppage of essential public service.
V.B.24 Housing Allowance. A Housing Allowance is
provided to eligible employees to lease private quarters or housing
when Government housing is not available. Such housing allowance
shall be in the amount of actual housing and utility costs, as supported
by documentation, not to exceed the maximum amounts set forth in
Sub-Part V.B.24(b). An employee is not entitled to payment of a Temporary
Lodging Allowance at the same time.
a. Eligibility and Control Criteria. To be eligible
to receive a Housing Allowance, employees must qualify under one or a
combination of the following specified conditions:
(1) Employees
who formerly received Temporary Lodging -Allowance (TLA) pending occupancy
of Government housing, which did not occur within the period of time to
which payment of TLA is limited and such allowance has expired. For these
employees,
eligibility
for the Housing Allowance will cease as of the day they commence occupancy
of Government Housing.
(2) All
employees who, by choice, seek to lease and occupy private housing or who
reject without valid reasons, as determined, by the State Personnel
Officer, and decline to accept the Government housing offered for their
occupancy, will be placed at the bottom of the priority list before
further consideration for occupancy of Government housing will be
given.
(3) No employee
who occupies position at a location within normal commuting distance of
his permanent place of residence shall be entitled to receive a Housing
Allowance.
b. Schedule of Housing Allowance. The following
schedule applies to those employees eligible for Housing
Allowance:
Employee
Family/Dependent
Annual
Housing
Category
Status
allowance(maximum)*
I. Employee
with
no or one dependent
$1,200.00
II. Employee
with two or
more dependents $1,800.00
* The maximum Annual Housing Allowance is
payable only where the employee occupies a total housing unit.
where an employee (and dependents, if any) occupies a part of
the housing unit, the State Personnel Officer shall determine what
fraction of the maximum Annual Housing Allowance shall be the maximum for
that portion of the unit occupied. A six month- grace period
for application of this provision shall be extended to those
employees who, at the time of promulgation of this Regulation,
occupy less than a total housing unit. Employee who are
presently receiving Housing Allowances on the basis of former
regulations will continue to receive them. An employee in Category
II who elects to transfer without all of his dependents
accompanying him at the time of transfer shall be paid in the
appropriate Employee Category based on the number of actual
dependents who will reside with him at his new duty post. If
additional dependents perform travel and join the employee within
one (1) year of the date of his arrival at his new location of
assignment, and this increases the total number of dependents so
as to justify placement in a higher Employee Category and payment, and additional payment will be made. To
qualify for additional payment, based on an increased number of dependents
joining the employee at a later date than his reporting date, or when he
became eligible for Housing Allowance, such additional dependents, who
must have been dependents of the employee at the time of Recruitment or
Transfer, must join the employee not later than one (1) year after his
date of arrival at his new location of assignment. Adjustment for an
increased amount of Housing Allowance occasioned by additional dependents
joining the employee after one (1) year from the date of his arrival at
his new location assignment, will not normally be made except for unusual
cases where it can be substantiated that such additional dependents could
not have joined the employee earlier because of reasons of extreme
hardship, health, completion of a school term, or similar reasons which
provide clear evidence that earlier travel was prevented or the employee
has legally acquired dependents through marriage and/or adoption., For the
purpose of this regulation, "dependents." are defined in accordance with
Sub-Part V.B.23. (c)(1).
c. Responsibilities The State Personnel Officer is
responsible for the interpretation and application of this regulation
throughout the Truk State.
The employee eligible for Housing Allowance is
responsible for making formal application to the appropriate Personnel
organization and provide required copies of lease agreements,utility
expense estimates and~family/dependents status forms. The State Personnel
Officer or his designee is responsible to receive, advise and process all
applications for new or changed Housing Allowance. A Personnel Action
(TT-P-50) or Request for Personnel Action CSF-52), as appropriate, shall
be initiated for approval by the Governor. The State Finance office is
responsible to assure payment of the Housing Allowance within authorized
limits with disbursements prorated and paid on a bi-weekly basis. The
Housing Officer is responsible for lease agreements and/or initiating a
TT-P-50 or SF-52 to immediately cancel payment of Housing Allowance for an
employee who is subsequently placed in Government housing. Such
cancellation of Housing Allowance will be effective on the date when the
Government housing is made available to the employee. Upon expiration of
lease, it should be renewed or the Housing Allowance is
terminated.
V.B.25 Temporary Lodging Allowance. A Temporary Lodging
Allowance (MA) is provided to employees eligible for Government housing
when, upon transfer to a new duty station, such housing is not immediately
available.. An employee who is receiving a TLA is not entitled
to
receive a Housing Allowance at the same
time.
a. Purpose. A Temporary Lodging Allowance (TLA) is
designed to provide reimbursement to an employee, which includes all
eligible family members who accompany the employee upon transfer to a new
duty station, for the reasonable costs for temporary lodging and meals
only.
b. Eligibility Criteria. To be eligible for a TLA;
the following condition must be met: To be eligible to be paid
a TLA, the transfer to a new duty station must be to a location
which is not the employee's permanent place of residence nor within
normal commuting distance of same.
c. Controls. Payment of a Temporary Lodging
Allowance (TLA) commences upon the first day of arrival at a new
duty station. Payment of a TLA may not exceed a total of sixty (60)
days. Application of a TLA is restricted to cover reasonable costs
for temporary lodging and meals only. An employee is required
to pay these expenses, as incurred, out of pocket, and the TLA
provides reimbursement for such costs. It is mandatory that
the employee obtain and provide receipts for all such expenses.
Costs for temporary lodging and meals may not be "billed" to a
department for later payment; they must be paid for by the employee
at the time they are incurred and vouchered, after the fact, to
obtain reimbursement. The payment of a TLA stops on the date of
occupancy of Government housing or at the end of sixty (60) days,
whichever is earlier. When an employee declines to accept, without
valid reasons as determined by the Housing Officer, the specific.
Government housing offered for occupancy, payment of TLA will cease on
that date and be replaced by payment of a Housing Allowance which will
remain effective until such time when occupancy of Government housing
occurs.
d. Schedule of
Temporary Lodging Allowance. The following schedule prescribes the maximum
daily amounts of Temporary Lodging Allowance (TLA) which may be paid for
the family/ dependent status indicated:
Maximum
1. Truk
Daily Rate
Employee only
$24.00
Each dependent over 11 years of age
24.00
Each dependent up to and including 11 years of
age
12.00
NOTE:
The above rates are maximum and not
guaranteed minimums; all expenses for temporary lodging and
for which reimbursement is sought must be supported by bills
and receipts. For purpose of this regulation, "dependents' are
defined in accordance with Sub-Part V.B.23(c) (1).
e. Responsibilities: The State Personnel Officer is
responsible for the interpretation and application of this
regulation throughout the Truk State. Supervisors shall be
familiar with the provisions of this regulation and advise employees
accordingly. Supervisors are responsible for ensuring, before the
actual transfer occurs, that an employee is eligible for
Government housing and that the availability or date of availability of
Government housing has been certified by the Housing Officer. Employees
are responsible for initiating a Temporary Lodging -Claim, Form TT-647,
supported by a clear accounting in the form of bills or receipts for all
temporary lodging and meals costs for which reimbursement is sought. State
Finance Office is responsible for the examination and payment of all
Temporary Lodging Allowances. The Governor and Department Directors and
Staff Officers for Truk State are responsible for approval of Temporary
Lodging Allowance Claims prior to State Finance Office's review for
payment. All temporary lodging expenses incurred by an employee are
chargeable to the account number of the department or office to which
assigned. The Housing Officer is responsible for ensuring the timely and
accurate reporting concerning all employees and the date when occupancy of
Government housing commences (Housing Occupancy Report.) The State
Personnel office is responsible for verification of all pertinent
Temporary Lodging Allowance information against Micronesian Personnel
Actions, TT-P-50's, or Request for Personnel Actions, SF-52's as
appropriate, Housing Occupancy Report, assignment or verification of
department or office account numbers, and required approvals prior to
transmittal to State Finance office for payment,
VI,A.1. Purpose. Leaves of absence from the public
service are for the mutual benefit of the employee and his employer. When
leaves of absence are granted, they are considered to be for legitimate
reasons not detrimental to the public service.
VI.A.2. Kinds. Broadly characterized, leaves of absence
are either with pay or without pay.
VI.A.3. Leaves With Pay
a. Annual.
Annual leave, or vacation, shall be granted for the purpose of rest and
relaxation. The Federated States of Micronesia citizens who have less than
three (3) years of creditable service shall earn annual leave at the rate
of four (4) hours per pay period; except that newly appointed employees
shall undergo a waiting period of ninety (90) calendar days before being
credited with annual leave. Employees with more than three (3) but less
than fifteen (15) years of creditable service shall earn annual leave at
the rate of six (6) hours per pay period. Employees who have fifteen (15)
or more years of creditable service shall earn annual leave at the rate of
eight (8) hours per pay period. Annual leave requests for more than three
(3) work days must be made on a leave request form. All annual leave
requests must be approved in advance by the employee's division head upon
recommendation of employee's immediate supervisor. In smaller
organizations where divisions may not exist, the head of such
organizations shall approve annual leave. b. Maximum Accumulation. The
maximum accumulation of annual leave for FSM citizen employees shall be three hundred
and sixty (360) hours, beginning first pay period of each year. Any excess
over such maximum shall be forfeited unless taken before the end of the
calendar year in which such excess was'accumulated.
c. Non-Federated State of Micronesia Citizen
Employees. Employees who are not citizens of the Federated States of
Micronesia and who are employed under Employment Agreement Contracts per
Sub-Part III.B. of these Regulations shall earn annual leave at the rate
of eight (8) hours per pay period for employees on two year Employment
Agreements and six (6) hours per pay period for employees on one year
Employment Agreements. Approval of all annual leave requests will be made
in the same manner as provided in Sub-Part VI..A.3(a).
d. Sick Leave. All employees of Truk State shall
earn sick leave at the rate of four (4) hours per pay period. There shall
be no limit to the amount of sick leave which may be accumulated. Illness
of more than three (3) days' duration shall require a certificate from
qualified medical personnel certifying to the fact of such illness and the
treatment being administered. The supervisor may require a certificate for
shorter periods when use of such leave is chronic and excessive. The
employee's- immediate supervisor is responsible for approving such leave
requests. Former employees of the public service who are rehired within
three (.3)' years after their termination will be credited with the unused
sick leave accumulated during their previous employment.
e. Leave
Advance. Where, for good reason, an employee requires additional
annual or sick leave, the State Personnel Officer may grant advance leave
up to a maximum of one-half (1/2)-_ of the total earnable leave credits
for one (a)- year from the date the application is made. Subsequent
earnings-shall serve to replace the amount of advance leave granted and
taken.,
f. Training and Education Leave. Leaves for the
purpose of job-related training and education may be granted permanent
FSM citizen employees for a period not to exceed one (1) year, by
the State Personnel Officer. The Government may extend this- period.
Additional such leave may not be granted the same employee until and
unless he performs in his position for at least one (1) year following
expiration of the first leave. The period of leave shall not affect the
employee's service anniversary date .
g. Compassionate Leave. Permanent FSM citizen and
non-citizen employees may be- granted compassionate leave with pay of no
more than five (5) work days in cases of death, or imminent death, in the
immediate family of the employee. For the purpose of this Sub-Part, the
term "immediate family" shall be defined as an employee's mother, father,
spouse, immediate offspring (natural or legally adopted), the brother or
sister, and grandfather or grandmother. The Governor or Department
Director or Staff officer is responsible for approving compassionate leave
requests
h. Excused Absence (Administrative Leave). An
absence from duty administratively authorized, without loss of pay
and without charge to leave, is an excused absence. Such
absences are authorized under emergency conditions beyond the
control of management (e.g. typhoon), for participation in civic
activities in the interest of the Government, or
employment-connected examinations. The Governor is responsible for
approving excused absence requests.
VI.A.4. Leaves Without Pay.
a. Maternity
Leave., Female employees who are permanent employees- may be granted
leaves of absence without pay for reasons of maternity for a period
of not more than three (3) months., upon completion of such leaves,
such employees are entitled to return to their positions with
full rights and privileges, except that the period of
maternity leave shall serve to change the employee's service
anniversary date by the length of time between the effective date of
the leave and the date the employee returned to duty.. The
employee's immediate supervisor is responsible for approving
maternity leave requests.
b. Training and Education-Leave. Permanent FSM
citizen employees-who are ineligible for further training or 'education
leaves with pay,, as provided for under Sub-Part VI..A.3(f), or who wish
to pursue their education on a fulltime basis without financial assistance
by the Government may be granted leaves of absence without pay for a
period not to exceed one (1) year. Such employees shall have the fight to
return to their positions at the conclusion of their education or
training, and their services anniversary dates shall be adjusted by the
amount of leave without pay taken. The State Personnel Officer is
responsible for approving requests for Training and Education
Leave,
Annual
(Vacation) or Sick Leave Without Pay. With the concurrence of his
department director or staff officer, a permanent employee may be granted
leave without pay for the purpose of extending his vacation; provided
however, that such extension shall not exceed a period of ten (10) work
days. Similar extensions may be granted for sick leave purposes; provided
however, that the attending physician certifies to the necessity for the
extension and the extension does not exceed ninety (90) work
days.
VI.A.5
Unauthorized Leave. Unauthorized Leave
(Absence Without Leave (AWOL) is absence from duty without appropriate
authorization. Employees who are absent from duty without prior approval,
except in bona fide emergencies, shall be charged AWOL., Employees on AWOL
are subject to disciplinary action and loss of pay.
VI.A.6. Responsibilities. The employee shall be
responsible for initiating his request for leave using ,such fD-rms.
documentation, and explanatory material as may be required. He shall
initiate such request sufficiently in advance, wherever possible, so as
to enable management to make the necessary staff
adjustments for coverage of the employee's assignments during his absence.
Management shall be responsible for reviewing all requests in the
light of program needs, replacement services, and legal and policy
requirements. In consideration of the foregoing and any other pertinent
considerations, management may approve, disapprove, or arrange
modifications of leave requests. The State Personnel Office shall be
available for advice and assistance and for final decision in cases
requiring interpretation of legal requirements and policy. The State
Personnel office shall hold itself available for advice and assistance to
all state agencies in matters concerning leaves.