Mo. Code Regs. tit. 1 § 20-1.020

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 1 CSR 20-1.020 - Definitions

PURPOSE: This rule defines the meanings of specific words and terms used in the rules of the Personnel Advisory Board and the Personnel Division, including leaves of absence.

(1) Definitions.

(A) As used in these rules, the following words and terms, unless the context clearly requires otherwise, have the meaning indicated below:

1. Allocation means the assignment of an individual position to an appropriate class, multiple classes, or class and band on the basis of the duties, authority, and responsibilities of the position;

2. Appointment means the lawful hiring of an individual by an appointing authority;

3. Certificate means a listing of eligibles sent to agencies to be used in filling a current or anticipated vacancy at a specific work location;

4. Class specification means the written description of a class containing a title, a statement of the customary duties, authority, responsibilities, and other significant characteristics of the class, and the qualifications that are necessary or desirable for the satisfactory performance of the duties of the class based on the specified knowledges, skills, and abilities;

5. Classification means the systematic analysis, evaluation, and grouping of positions, not employees, on the basis of their duties, authorities, responsibilities, and other significant characteristics into relatively homogeneous classes;

6. Classification plan means the plan prepared, adopted, maintained, and administered by the Division of Personnel and under the authority and responsibility of the Personnel Advisory Board which sets forth, for each class of positions, a class title, class specification, overtime, and equal employment opportunity (EEO) category designations;

7. Classified service means those positions in agencies which are subject to the merit system provision contained in statute, specifically section 36.030.1(2), RSMo, and these rules and the classification and pay provisions enumerated in statute and these rules;

8. Covered service means those positions in agencies subject to the classification and pay provisions contained in statute and these rules, but which are not subject to the merit system provisions of statute and these rules;

9. Demotion, in the general classification plan, means a change of an employee from a position in one (1) class to a position in another class which is assigned a lower pay range within the pay plan. A demotion may also involve the involuntary movement of an employee from a position in a band to a position in a range where the salary is decreased;

10. Incumbency status means a determination made by the Division of Personnel that an individual in the classified service may be placed in a class by means of reclassification;

11. Incumbent means an individual occupying a position;

12. Law means the State Personnel Law;

13. Merit system means those positions covered by section 36.030.1(2), RSMo;

14. Original appointment means an appointment of a new employee, covered under section 36.030.1(2), RSMo, to a position of a permanent or continuing nature made in accordance with an applicable statute and rules;

15. Pay differential means the payment of an authorized rate(s) of pay which may exceed the range of compensation prescribed for a class due to differing work conditions, assignment, incumbent qualifications, or other designated factor. The establishment and usage of these differentials are approved by the Personnel Advisory Board;

16. Pay plan means the plan prepared, adopted, maintained, and administered by the Division of Personnel under the authority of the Personnel Advisory Board, as described at section 36.140, RSMo, which sets forth for each class of positions a pay range or bands with a minimum and a maximum rate and intermediate rates as may be established, as well as any pay differentials authorized by the board;

17. Personnel rules means the rules of the Personnel Advisory Board and the Division of Personnel;

18. Position means the fundamental unit of classification and allocation comprised of a set of current duties and responsibilities, assigned or delegated by competent authority;

19. Position description means an official written statement of the duties, responsibilities, supervisory relationships, and other basic data of a position used in the position classification and allocation process;

20. Position management means the monitoring and control of the establishment of positions and of the movement of incumbents in and out of positions as well as the maintenance of current and historical information that identifies and defines each position;

21. Position review means an investigation of the duties and responsibilities of a position, which may include an interview of the incumbent and his/her supervisor, to determine the appropriateness of the position's allocation;

22. Probationary period means a period, applicable to employees covered under section 36.030.1(2), RSMo, which is sufficient to demonstrate the employee's ability to perform the duties of the position;

23. Promotion, in the general classification plan, means a change of an employee from a position in one (1) class to a position in another class which is assigned a higher established pay range within the pay plan. A promotion may also involve the movement of an employee from a position in a band to a position in a range where the salary is increased;

24. Public notice means notice posted by the Division of Personnel and includes the time, date, and place of the meeting and its tentative agenda and is posted at least twenty-four (24) hours prior to the commencement of the meeting, unless this notice is impossible or impractical;

25. Qualifications, as stated on the class specification, means the education, experience, and/or certification or licensure necessary for the satisfactory performance of the duties of the class;

26. Reallocation means the change in the allocation of an individual position on the basis of duties, authority, and responsibilities of the position, or an official change in the classification plan;

27. Reclassification means a classification change of an employee in conjunction with a position reallocation or movement within a multilevel allocated position. For a position in the classified service, the use of reclassification is applicable to an employee having incumbency status, as ascertained from a position review conducted by the Division of Personnel;

28. Regular appointment means a change of employee status given to an employee after successful completion of a probationary period;

29. Reinstatement means an action which returns an employee to a class in which the employee held regular status due to an ordered reinstatement;

30. Salary adjustment means a change in salary rate resulting from a general structure increase or a range-repositioning change;

31. Salary advancement means an increase in salary within the range or band prescribed for the class established in the pay plan given in recognition of work performance, length of service, or both; additional duties, responsibilities, or skill; to maintain equity within and between classifications; to effect a within-grade salary increase; or in conjunction with a promotion, upward job reclassifi-cation, or end-of-probation transaction, or for other reasons promoting the needs of the service;

32. Suspension means an enforced leave without pay for disciplinary purposes or pending investigation of charges made against an employee;

33. Temporary appointment means an appointment to a position for a period not to exceed a total of six (6) months in any twelve- (12-) month period;

34. Transfer, in the general classification service, means a change of an employee from one (1) position to another position in the same class or to another class assigned to the same established pay range. In the broad classification bands, a within-band transfer means a change of an employee from one (1) position to another position in the same class or another class assigned to the same established pay band; an out-of-band transfer means the movement of an employee from a position in a band to a position in a range where the action does not constitute a promotion or demotion. A transfer may involve a change of assignment or work location; and

35. Unclassified service means those positions in agencies subject to the merit system provisions or Uniform Classification and Pay (UCP) provisions contained in the law and these rules, but which may be established and filled without regard to merit selection hiring processes or provisions governing classification and pay.

(B) Other terms are defined in specific sections elsewhere in these rules.

(C) The definitions of section 36.020, RSMo apply to these rules unless the context clearly requires otherwise.

(D) As used in section 36.030, RSMo, grant-in-aid programs means those federal grant programs that require by federal statute or regulation, as a condition of eligibility, that a department or agency of this state that receives grants establish merit personnel systems for their personnel engaged in administration of the grant-aided program. The term shall also include any other federal programs for which a department or agency of this state has agreed by contract with any agency of the federal government prior to the effective date of this regulation to maintain standards for a merit system of personnel administration consistent with Subpart F of 5 CFR Part 900 and make those standards applicable to personnel involved in the performance of the contract.

(2) Definitions of Terms. The following words and terms, used with specific intent throughout this rule and 1 CSR 20-5.020 or in their administration, are defined for clarity:

(A) Annual leave is a form of compensation authorized by the state and paid to an eligible employee by means of paid time off from work, under the conditions set forth in 1 CSR 20-5.020(1);

(B) Annual leave accrual is the accumulation of hours of paid time off as a form of compensation earned by the employee. Eligibility to earn and accrue annual leave as a form of compensation is limited to a maximum number of hours stipulated by law and set forth in 1 CSR 20-5.020(1);

(C) Sick leave is a benefit granted by the state to the employee in the form of paid time off from work due to illness, under the conditions set forth in 1 CSR 20-5.020(2) or for Personal Wellness Leave as set forth in 1 CSR 20-5.020(2);

(D) Sick leave accrual is the accumulation of hours of eligibility for paid time off from work conferred upon an eligible employee as a benefit by the state for specific purposes and under specific conditions that are set forth in 1 CSR 20-5.020(2);

(E) Personal Wellness Leave is the ability of an employee to use up to one (1) hour of accrued sick leave per month for personal wellness under specific conditions that are set forth in 1 CSR 20-5.020(2)(O);

(F) Paid time off from work authorized by the state and conferred upon the employee by the appointing authority and solely at the discretion of the appointing authority for the purpose deemed appropriate and in the best interest of the state may be called administrative leave; and

(G) A semi-monthly pay period or semi-month is that period of approximately one-half (1/2) of a calendar month established by the Office of Administration as the pay cycle for state employees.

(3) For the purposes of leaves of absence as set out in 1 CSR 20-5.020, state service time will be defined as-

(A) The total length of time of employment in any department, division, or agency of state government that is covered by the provisions of section 36.350, RSMo, and under the conditions set forth in 1 CSR 20-5.020;

(B) Time of state paid employment in the Offices of the Governor, Lieutenant Governor, Secretary of State, State Auditor, Treasurer, Attorney General, Houses of the Missouri State Legislature, the Missouri State Judiciary, Missouri State Courts Administrator, Missouri Consolidated Health Care Plan, and Missouri State Employees' Retirement System, will be recognized and accepted as time of state service for the purposes of eligibility for and accrual of paid leaves of absences; and

(C) Employment with other state funded public entities when these entities have been accepted for coverage under the provisions of 1 CSR 20-5.015(3)(B).

(4) For the purposes of leaves of absence as set out in 1 CSR 20-5.020, an eligible employee shall be defined as-

(A) Any employee of the state of Missouri covered by the provisions of section 36.350, RSMo; and

(B) Any state paid employee of elected state officials, specifically employees of the Offices of the Governor, Lieutenant Governor, Secretary of State, State Auditor, Treasurer, Attorney General, Houses of the Missouri State Legislature, the Missouri State Judiciary, Missouri State Courts Administrator, Missouri Consolidated Health Care Plan, Missouri State Employees' Retirement System, and other state funded public entities, shall be considered eligible employees under 1 CSR 20-5.020 upon submission of written certification of adherence to the provisions of 1 CSR 20-5.020 and acceptance by the Personnel Advisory Board of the public entity for coverage under the rule.

(5) Records. Pursuant to section 36.420, RSMo, the records of the Personnel Division, except examinations, service reports, personal histories, and other records that are or may be closed pursuant to Chapter 610, RSMo, shall be public records and shall be open to public inspection, during regular office hours at reasonable times and in accordance with procedures as the board may prescribe.

1 CSR 20-1.020

AUTHORITY: section 36.070, RSMo Supp. 1998.* Original rule filed July 9, 1947, effective July 19, 1947. Amended: Filed Dec. 23, 1947, effective Jan. 2, 1948. Amended: Filed March 25, 1948, effective April 4, 1948. Amended: Filed April 23, 1974, effective May 2, 1974. Amended: Filed Dec. 9, 1975, effective Dec. 19, 1975. Emergency amendment filed Sept. 13, 1979, effective Sept. 28, 1979, expired Jan. 25, 1980. Amended: Filed Oct. 12, 1979, effective Jan. 15, 1980. Amended: Filed Feb. 25, 1992, effective Aug. 6, 1992. Amended: Filed July 6, 1993, effective Jan. 31, 1994. Amended: Filed Oct. 31, 1995, effective May 30, 1996. Amended: Filed May 15, 1996, effective Nov. 30, 1996. Amended: Filed July 9, 1997, effective Jan. 30, 1998. Amended: Filed March 11, 1999, effective Sept. 30, 1999.

Amended by Missouri Register January 15, 2019/Volume 44, Number 2, effective 2/28/2019

*Original authority: 36.070, RSMo 1945, amended 1979, 1995.