Section 60L-33.00311 - Appointments(1) Appointments shall be made only to authorized positions that have been established in accordance with the provisions of Section 216.262, F.S.(2) Appointments shall be made in accordance with the non-discrimination provisions of Section 110.105(2)(a), F.S., and other applicable federal or state non-discrimination laws.(3) Agencies may appoint a current employee or an individual from outside the agency to a filled position for the purpose of:(a) Training when the position's incumbent will be exiting the position. The training period shall not exceed 1040 hours during any twelve-month period unless the Department has approved a written request for an extension of the training period.(b) Performing the duties of an incumbent who is on an extended leave of absence for active military service, when the leave of absence is expected to be for a minimum of 1040 hours.(4) Employees performing duties pursuant to paragraphs (3)(a) and (b), shall be designated as overlapped in the State Personnel System's human resource information system and shall receive the benefits, employee rights, appropriate appointment type and associated status of the position for which such employee is appointed to overlap. In addition, such employee may receive an increase in pay in accordance with Chapter 60L-32, F.A.C.(5) An employee designated as overlapped with an employee on a leave of absence due to active military duty shall be returned to his or her former position or to a position with substantially similar duties and responsibilities as the former position upon the return of the employee from active military duty if such position is available.(a) In such case, the employee shall resume the same status and the same rate of pay previously held in the former position, including any across-the-board pay increases that would have been granted under the former position during the assignment.(b) A return to the former or comparable position and resumption of the former rate of pay shall not constitute a demotion action or reduction in pay for the purpose of Section 110.227, F.S.Fla. Admin. Code Ann. R. 60L-33.00311
Rulemaking Authority 110.105 5, 110.201(1), 110.2035 (1), 110.217 (1), 110.403 (1), 110.605 (1) FS. Law Implemented 110.105, 110.2035, 110.217, 110.403, 110.605, 216.262 FS.