American Samoa Administrative Code

The following types of appointments exist within the career service: A. Emergency Appointment. 1. When an emergency occurs requiring the immediate services of a person or persons, a request that an emergency appointment be made. 1. Justification for the emergency appointment shal…

The following types of in-service placement exist with the career service: A. Promotion. 1. Insofar as practicable, consideration shall be given to employees within LBJ-ASMC Authority and vacancies filed as intra-division promotion before consideration of employees on open compet…

In all recruitment and placement activities, it is the policy of LBJ¬ASMC Authority that two or more members of a family may be employed within the same office as long as a spouse does not officially and immediately supervise the other. This requirement not only is applied on the…

The official effective date for all recruitment and placement actions, as well as other personnel actions, shall be established by the Human Resources Division except in the case of resignation, the date of which is established by the employee who is resigning. Effective dates ar…

In keeping with the Code of American Samoa, it is the policy of the American Samoa Medical Center Authority that the Chief Executive Officer establishes and maintains an effective classification and compensation program for all positions within the career service. History: Rule 0…

The classification and compensation plan provides for: A. The LBJ-ASMCA General Salary Schedule for other positions which is based on equal pay for equal work and qualifications. B. Salary range schedules including the minimum, intervening and maximum steps of each grade. C. Assi…

A. Entrance salary rates for positions on the General LBJ-ASMCA Salary Schedule (See Annex A) are based on the following Policies: 1. LBJ-ASMCA General Salary Schedule unless the employee is being reemployed in the same class or in a directly related class for which the employee …

Upon reinstatement, an employee with one year or more of career service may be paid at any rate within the compensation range of the position in which re-employed which does not exceed his highest previous rate. If it falls between two rates of the position in which re-employed, …

Employees who serve under appointments without time limitation, receiving less that the maximum scheduled rates of compensation for their positions, shall receive periodic step increments successively to the next higher steps within their compensation ranges, subject to the follo…

Promotion policies that are in effect such an employee on the general salary schedule shall be given an increase in compensation which is equivalent to two salary steps on the grade level of the position from which promoted. If the increase of two steps results in a salary rate f…

Salary adjustments shall be handled as indicated below: A. Upon reclassification downward, the employee shall be placed in the salary step of the reclassified position which most nearly approximates the rate of compensation he was receiving prior to the downward reclassification …

A. Permanent, probationary, emergency and temporary LBJ-ASMCA employees in the Career Services in grades one through eleven on LBJ¬ASMCA General Salary Schedule are eligible to be compensated for overtime at the rate of one and one half times (1 _) their regular pay for all hours…

It is recognized by the LBJ-American Samoa Medical Center Authority that maximum efficiency on the job can be obtained only by permitting employees to have time off with pay for purposes of rest, recreation and personal and family needs. LBJ-ASMCA also considers it essential to t…

A. The Human Resources Division is responsible for the maintenance of employee leave records and furnishing advice relative to all leave records matters. B. The Human Resources Division is responsible for all policy matters pertaining to leave and absence from duty. History: Rule…

Except as provided in (Section 8.2 (Furlough) of this part, working hours shall be specified by LBJ-ASMCA for its employees but shall not result in full time compensated employment of less than 40 hours per week. History: Rule 06-98, eff. Mar. 3, 1999

A. The following public holidays are designated by statue and are paid holidays for LBJ-ASMCA employees: New Year’s Day January 1st Martin Luther King January 19th Washington’s Birthday February 22nd Good Friday April 10th Flag Day April 17th Memorial Day May 25th Independence Da…

A. When a holiday falls on one of the employee’s scheduled work days in the employee’s basic work, that day is the employee’s holiday. When a holiday falls on a day outside of the employee’s basic work week or on a day other than a scheduled work day, the day to be treated as the…

An employee who would otherwise be entitled to a holiday but who is on leave without pay will receive compensation for the holiday, provided the employee has been in pay status for ten working days during the month, not counting the holiday. History: Rule 06-98, eff. Mar. 3, 1999…

A. Full bi-weekly pay period. An employee shall be considered, for leave purposes, to have been employed for a full bi-weekly pay period if the employee shall have been in a pay status, or a combination of pay status and on pay status, during all of the days within such period, e…

A. Such leave is authorized absence from duty with pay to allow employees an annual vacation period for rest and relaxation and to provide time off for personal and emergency purposes. Earning rate for full-time employees is: 1. Employees with less than three years of creditable …

A. Absence of an employee from duty with pay when the employee is physically incapacitated to do his job or for related reasons is known as sick leave. Sick leave may also be used by an employee to avoid his exposure of a contagious disease to co-workers or when the presence of c…

A. Leave without pay is a temporary absence from duty in non-pay status granted upon the employee’s request and at the discretion of management. It does not include non-pay status on days for which the employee would receive premium pay and does not include days on which the empl…

A. Maternity leave, a period of approved absence for incapacitation related to pregnancy an confinement, is chargeable to sick leave or any combination sick leave, annual leave, and leave without pay in the order given. B. Employees Responsibility – Employees are required to requ…

A. General Provisions – a full-time employee who serves under an appointment without time limitations and who is a member of a reserve component of the Armed Forces of the United States, the U.S. Pacific Health Service or the National Guard, is entitled to leave of absence for an…

A. Court leave is authorized absence, without charge to annual leave or loss of pay or service credit, from official duty for attending court in a non-official capacity as a witness in behalf of the American Samoa Government or the LBJ American Samoa Medical Center Authority. If …

A. Excused is absence from duty, duly authorized by the Chief Executive Officer, without charge to annual leave or loss of pay of service credit under the circumstances described below. B. Groups of employees may be excused from duty to: 1. Take an employment examination for a po…

A. Administrative leave is proclaimed by the Governor and is for such purposes as national days of mourning, natural disasters, power failure, etc. Only the Governor is authorized to grant administrative leave. B. Administrative leave hours are paid, non-work hours for LBJ-ASMCA …

Unauthorized absence shall be treated as absence without pay and may be grounds for disciplinary action. Upon return to duty, the employee shall give a written statement to the appointing authority explaining the reason for his absence. History: Rule 01-2000, eff. Sept. 25, 2000.…

A. It is the policy of LBJ-ASMC to urge its career service employees and contract specialists to cultivate those personal qualities which characterize a good employee’s loyalty to the American Samoa Government and the LBJ-American Samoa Medical Center Authority; a sense of respon…

It is the policy of the LBJ-American Samoa Medical Center Authority to insure that employees who are unfit or undesirable shall be removed from their position promptly; that those who are guilty of misconduct not sufficiently serious to justify removal, be properly disciplined; t…

A. Resignation – An employee has the right to resign at any time the employee wishes to do so but is expected to afford management a reasonable period of advance notice, which generally is considered to be two weeks. All resignations must be in writing. A request for Personnel Pa…

A. Temporary Employees. 1. Employees who are serving under appointment with a time limitation may be separated at any time without prior notice or right of appeal except in cases where the employee considers the separation due to an alleged discrimination. Procedures for filing o…

Any personnel action resulting in the reduction in compensation or grade of an employee constitutes a demotion. A. Voluntary Demotion – In order for a demotion to be voluntary, it must be requested in writing by the employee concerned without promoting or coercion. Such requests …

A. Any employee serving under an appointment without a time limitation, regardless of whether the individual has completed the one-year probationary period, may be suspended from duty without pay for a period not to exceed 30 calendar days as a less severe disciplinary measure th…

A. Authority and Preliminary Investigation – Letters of Reprimand may be issued by first line supervisors. The following procedure shall be used when it is proposed to issue a letter of reprimand to any indicates that action should be taken, the supervisor shall hold an informal …

A. When the Chief Executive Officer concurs with the supervisor’s recommendation, any employee may be moved involuntarily from one position to another, which may or may not involve a change in line of work, without reference to any of the protective provisions described, provided…

A. When an employee fails to report for duty or to return from leave for five or more consecutive work days, the employee may be considered to have abandoned the position. Care must be taken, however, that before a final decision is made that the individual has truly abandoned th…

Hearing before the Governing Board of Directors will be conducted in accordance with the procedure promulgated by the Governing Board of Directors, copies of which are available in the Chief Executive Officer’s Office. History: Rule 01-2000, eff. Sept. 25, 2000.

A. General Statement – The Standard Schedule of Disciplinary Offenses and Penalties (Annex B) is provided as a guide in the administration of discipline. Since the schedule is of the utmost concern to all employees, conspicuous posting is required. The Standard Schedule provides …

Any permanent career service employee may appeal any of the following actions which the individual considers to adversely affect as an employee: A. A performance evaluation. B. A separation or termination action. C. A classification decision. D. Alleged act of discrimination. E. …

A. All appeals must be made in writing and state clearly the basis for appeals to the Board of Directors via the Chief Executive Officer and must be filed in the Office of the Chief Executive Officer within ten work days after the effective date of the action appealed, except in …

A.The LBJ American Samoa Medical Center Authority, to be consistent with efficient work practices, and in recognition of the importance of the individual employee and the desirability of prompt consideration and disposition of problems affecting the employee’s work environment, h…

A.Employees may be separated in accordance with the statutes and approved Reduction-in-Force procedures of LBJ-ASMCA, without prejudice, because of lack of funds, curtailment of work or reorganization. 1. Permanent employees may be separated only after 15 calendar days notice in …

A. A furlough is normally a Reduction-In-Force action and therefore Reduction-In-Force procedures are followed. An employee may be furloughed when it is intended to recall the individual to duty within one year in the position from which furloughed. Furlough is not used unless it…

A permanent employee officially notified of a proposed separation or furlough due to Reduction-In-Force may request a hearing before the Board of Directors. The employee’s request must be in writing to the Chief Executive Officer within five calendar days of the date the employee…

Contract Specialists are not part of the career service of the LBJ American Samoa Medical Center Authority. The employment of a contract specialist is governed by the contract that the employee signs prior to accepting a position with the Chief Executive Officer. As such, contrac…

A. All vacant positions within the LBJ American Samoa Medical Center Authority shall be filled on a career service basis whenever possible. B. Preference will be given to all persons classified as permanent residents under the laws of American in accordance with the policies of t…

A. Compensation for positions filled by contract shall be based on the salary rates of the career service. B. Base salaries shall be taken from LBJ American Samoa Medical Centers General Salary Schedule. C. An overseas post differential may be applied to the base salaries of some…

At the expiration of a contract, every effort shall be made to fill the position in the career in the career service. If a position which has been filled by contract can be filled within the career service, the incumbent for that position can compete for the position on a career …

A. Contract renewal is the prerogative of management and is based solely upon need and performance of a contract specialist as determined by management. B. Upon expiration of an initial contract, as an inducement for a contract specialist to accept an additional contract, a bonus…