New Hampshire Administrative Code

"Trainee" means an employee hired into a position who does not yet satisfy the minimum qualifications for the job title assigned to the position but is expected to complete required training or otherwise meet the minimum qualifications of the job title within a specified period o…

"Training" means an organized method of instruction designed to improve the working capacity and efficiency of an employee or the management skills of an employee or appointing authority. Notes N.H. Admin. Code § Per 102.88 #10238, eff 3/18/2023); renumbered by #10801 (from Per 1…

"Transfer" means the change of an employee from one position to another position in the same or a different class without a break in service. Notes N.H. Admin. Code § Per 102.89 Renumbered by Number 50, Filed December 12, 2024, Proposed by #14132-A.

"Vacancy" means an unfilled position. Notes N.H. Admin. Code § Per 102.90 Renumbered by Number 50, Filed December 12, 2024, Proposed by #14132-A.

"Veteran" means a person who has served not less than 90 days in active duty in the armed forces of the United States and who has been honorably discharged or medically discharged under honorable circumstances during a period of war, as set forth in Per 701.02. Notes N.H. Admin. …

"Working title" means a title used to refer to position that reflects the functions of the position within an agency and that is used as an alternative to the assigned job title. Notes N.H. Admin. Code § Per 102.92 Renumbered by Number 50, Filed December 12, 2024, Proposed by #14…

"Work week" means either a period of 37 1/2 hours or 40 hours during which a full-time employee performs regular dueies. Notes N.H. Admin. Code § Per 102.93 Renumbered by Number 50, Filed December 12, 2024, Proposed by #14132-A.

"Written" means, unless otherwise specified, printed by hand or provided by any other method of representing words and letters, including by electronic means. Notes N.H. Admin. Code § Per 102.94 Renumbered by Number 50, Filed December 12, 2024, Proposed by #14132-A.

The division of personnel shall consist of the following organizational units: (a) A bureau of employee relations, headed by a manager of employee relations, who shall be responsible to the director for the duties established by RSA 21-I:44, II. (b) An education and training bure…

State employees, appointing authorities and members of the public may request services and information from the division at the address below on weekdays between the hours of 8:00 a.m. and 4:30 p.m.: Division of Personnel Room 1, State House Annex 28 School Street Concord, NH 033…

(a) An appointing authority, or any person having supervisory authority over the employee, may, prior to initiating any discipline in accordance with Per 1003.01, issue to an employee, and place within that employee's file, a memo of counsel informing the employee of any matter r…

(a) An appointing authority may, with the approval of the director, suspend an employee without pay for a period of up to 30 calendar days pending the outcome of either criminal charges or an investigation of alleged criminal wrongdoing when: (1) The nature of the charges brought…

(a) At the time of the suspension, the appointing authority shall issue written notice of the investigative suspension to the employee describing: (1) The cause of the suspension; (2) The location, if any, to which the employee shall report during the period of suspension; and (3…

(a) An appointing authority may demote an employee pending the outcome of an investigation of alleged misconduct or criminal wrongdoing which conflicts with the duties and responsibilities of the employee's position but which does not warrant the employee's removal from the work …

The following disciplinary measures shall exist for full-time employees within the state system: (a) Dismissal during initial probationary period; (b) Written warning; (c) Withholding salary increment; (d) Disciplinary suspension without pay; (e) Disciplinary demotion; and (f) Di…

(a) At any time during the initial probationary period an appointing authority may dismiss an employee without prior warning if that employee fails to meet the work standard or engages in any conduct for which discipline is authorized pursuant to this Part, provided the dismissal…

In determining the appropriate form of discipline under Per 1002.04 through 1002.08, an appointing authority may consider factors including, but not limited to: (a) The impact that the conduct or offense has on the operations or functions of the agency; (b) The nature and severit…

(a) A written warning shall be the least severe form of discipline used by an appointing authority in order to correct a full-time employee's unsatisfactory work performance or conduct. (b) An appointing authority may issue a written warning to an employee for unsatisfactory work…

(a) Provided that the employee's performance evaluation has been conducted and the evaluation process set forth in Per 801 has been completed prior to the employee's increment date, an appointing authority may withhold an employee's salary increment for unsatisfactory work perfor…

(a) An appointing authority may suspend an employee without pay for: (1) Failure to meet work standards or other conduct for which a written warning may be issued pursuant to Per 1002.04, when, under the particular circumstances, the appointing authority considers the conduct or …

(a) An appointing authority may demote an employee without prior warning: (1) In lieu of termination; (2) For failing to meet the work standard when promoted; (3) For conduct resulting in disruption of services provided by the agency; (4) When the employee has failed to carry out…

(a) Dismissal shall be considered the most severe form of discipline. (b) An appointing authority may dismiss an employee without prior warning for offenses such as, but not necessarily limited to, the following: (1) Driving a state vehicle without a license or proper authorizati…

The purpose of this rule shall be to provide for the removal of a full-time employee for non-disciplinary reasons, when: (a) The employee is physically or mentally unable to perform the essential functions of the position to which appointed; (b) The employee's physical or mental …

(a) When an appointing authority believes that, pursuant to Per 1003.01, a full-time employee might need to be removed for non-disciplinary reasons, the appointing authority shall: (1) Inform the employee in writing that the employee shall be required to provide the appointing au…

(a) An appointing authority shall not remove a full-time employee under the provisions of Per 1003 until the appointing authority has obtained medical assessment information indicating that the employee is physically or mentally unable to perform the essential functions of the po…

(a) The appointing authority shall provide written notice to any employee removed from employment under this part that: (1) The employee's personnel file shall note that the removal was for non-disciplinary reasons; and (2) The employee may request resolution of the dispute pursu…

An appointing authority may lay off an employee only when such layoff becomes necessary because of one or more of the following reasons: (a) Abolition of a position; (b) Change in organization; (c) Decline in agency work load; (d) Insufficient funding; (e) Change in state law; or…

(a) An appointing authority shall first determine, by division, the job title or titles to be affected within the agency. (b) Each employee whose position is in an affected job title shall be considered with other employees in the same job title within a division of an agency, as…

(a) With the exception of (b), an appointing authority shall give written notice of the proposed layoff and the reasons for the layoff to the affected employee(s) and to the director at least 14 calendar days before the date the layoff becomes effective. (b) In the case of tempor…

(a) With the exception of (c), requests for director's review of layoff shall be limited to the correct determination of an employee's seniority date. (b) Requests for director's review shall be filed with the director within 5 working days after the date of the notice of layoff.…

When an appointing authority lays off an employee, the appointing authority shall note the following in the employee's permanent record or file: (a) That the employee left state service because of a layoff; and (b) That the reason for leaving reflects no discredit on the service …

(a) When the reason(s) for a layoff or a demotion in lieu of layoff no longer apply, and the appointing authority chooses to fill a vacant position, the appointing authority shall first attempt to fill the vacancy in accordance with this section by using one of the following meth…

(a) Before initiating recruitment as described in Per 400, when an appointing authority chooses to fill a vacant full-time position, the appointing authority shall attempt to fill that position by reemployment of an employee as set forth in (b) below, provided such reemployment d…

(a) The basic workweek for every full-time clerical, supervisory and professional employee in the state classified service, with due allowance for authorized holidays and leaves of absence with pay, shall be 37 1/2 hours per week. (b) The basic workweek for every full-time trade,…

(a) No reduction shall be made from the basic workday for rest periods of 15 minutes in every 4 hours of working time or major fraction thereof. (b) Rest periods shall be taken insofar as practicable in the middle of each 4 hour period of working time, in such a manner that the n…

(a) Every employee shall receive a lunch period of not less than 1/2 hour nor more than one hour. (b) Lunch periods shall not be considered working time. Notes N.H. Admin. Code § Per 1201.03 (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06 Amended byVolume …

(a) It shall be the employee's responsibility to report any absence to the appointing authority, unless, due to emergency circumstances beyond the control of the employee, such as employee hospitalization, failure of state electric, telephone or computer systems, or similar barri…

(a) An employee shall be considered absent without authorized leave if such employee fails to appear for work or fails to remain at work, without receiving prior approval from the appointing authority to be absent. (b) An employee who fails to comply with the provisions of Per 12…

(a) The appointing authority may authorize unpaid absences during the initial probationary period for a probationary employee. (b) Authorized unpaid absences shall not, unless otherwise authorized by law, be counted toward: (1) Seniority; (2) Completion of the probationary period…

(a) Employees receiving workers' compensation, and who are not working for the state on a reduced earning capacity basis, shall be considered to be absent pursuant to Per 1205.02. (b) Employees who are absent due to a work-related disability shall not be entitled to accrue any: (…

(a) Each employee requesting leave shall complete a leave request on the human resources management system, found at https://sson.nh.gov/, by completing the fields on the system that indicate the following: (1) The dates and times of the leave requested; and (2) The type of leave…

(a) The appointing authority shall either approve or reject leave requests. (b) No employee shall be compensated unless the employee has first obtained approval for leave from the appointing authority. Notes N.H. Admin. Code § Per 1202.02 (See Revision Notes at chapter heading fo…

Should a conflict arise between 2 or more employees requesting the same period of time, the appointing authority shall, provided all other things are equal, use departmental seniority as the method of resolving the conflict. Notes N.H. Admin. Code § Per 1202.03 (See Revision Note…

(a) Full-time employees shall be entitled to annual leave with full pay based on Table 1203-1. Each employee's entitlement shall be computed at the end of each completed full month of service. Employees rendering seasonal or temporary service in excess of 6 months shall be entitl…

(a) Academic employees who are excluded from annual leave entitlement shall be entitled to take personal days per annum to be deducted from sick leave according to Table 1203-3. (b) Personal leave for academic employees shall be granted in accordance with the provisions of Per 12…

(a) Permanent seasonal employees shall be permitted to carry over 6 annual or bonus leave days to succeeding seasonal work periods with the same agency in lieu of payment at the end of the season for those days. (b) The maximum balance of carried days for any seasonal employee sh…

(a) Employees on probationary appointment may be granted leave without pay. (b) At the end of each month of service, a new or rehired employee shall be credited with one annual leave day. (c) No payment for accrued but unused annual leave shall be made upon separation from employ…