New Hampshire Administrative Code

Employees shall not be denied time off without loss of pay or leave for the purpose of making blood donations or undergoing bone marrow registry testing unless, based upon exigent business of the agency, the need for staff coverage, provisions of applicable collective bargaining …

Employees shall not be denied time off without loss of pay or leave for the purpose of participating in state personnel examinations unless, based upon exigent business of the agency, the need for staff coverage, provisions of applicable collective bargaining agreements concernin…

An employee who is late for work as a result of duties as a volunteer firefighter, licensed ambulance attendant, or licensed rescue squad attendant, shall be granted use of annual leave, accrued compensatory leave, or both to cover the period of lateness, provided: (a) The duties…

In the event that an employee is scheduled to be on annual leave for not less than 2 calendar weeks, the employee, upon a request made at least 2 weeks prior to the last work day, shall be afforded the opportunity to have the next regularly scheduled paycheck forwarded in accorda…

(a) Any employee who requests a leave of absence without pay shall not be required to utilize and exhaust any annual leave prior to being granted such leave of absence. (b) When an employee is sick but has no available sick leave, the appointing authority shall not be required to…

(a) Full-time employees, except as otherwise provided in these rules, shall be entitled to accrue sick leave in accordance with the formula in Table 1204-1. Appointing authorities shall compute sick leave at the end of each completed full month of service. (b) Appointing authorit…

Employees rendering seasonal or temporary service in excess of 6 months shall be entitled to accrue sick leave at the same rate for time actually worked. Notes N.H. Admin. Code § Per 1204.02 (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06 Amended byVolume …

(a) An employee shall be entitled to bonus leave accrual based upon the number of sick leave hours used per fiscal year, excluding sick leave taken for a death in the immediate family, in accordance with Table 1204-2: Table 1204-2 Sick Leave Used 40 hour week/37.5 hour week Bonus…

(a) Upon retirement under the provisions of RSA 100-A:5 and RSA 100-A:6 only, or upon eligibility under RSA 100-A:5 but electing to receive a lump sum in lieu of an annuity, an employee shall receive payment in a sum equal to 41.7 percent of the number of sick leave days remainin…

(a) The purpose of sick leave shall be to afford employees protection against lost income from absences due to illness or injury and, in particular, long-term disability due to catastrophic illness or injury, and shall not be used to supplement other paid time off. (b) An employe…

An employee returning to work from an unscheduled absence due to an allowable use of sick leave under Per 1204.05 shall complete a sick leave request specifying the reason for the leave. Notes N.H. Admin. Code § Per 1204.06 (See Revision Notes at chapter heading for Per 100) #873…

(a) The appointing authority may require the employee to furnish a certificate from an attending physician or other licensed health care practitioner when the appointing authority has reason to believe that the employee's use of sick leave does not conform to the reasons and requ…

(a) Upon resignation or dismissal, the amount of sick leave remaining to the employee's credit shall lapse. (b) In the event of death of any employee while in the state classified service, a sum equal to the number of days sick leave remaining shall be paid to the employee's esta…

Any employee who transfers from one state agency to another, without a break in service, shall at the time of the transfer have all accumulated leave transferred to the employee's credit. Notes N.H. Admin. Code § Per 1204.09 (See Revision Notes at chapter heading for Per 100) #87…

Whenever a former employee who has been laid off from state service is recalled within 3 years as provided for under Per 1100, the previously accumulated and unused balance of sick leave allowance shall be restored and placed to the employee's credit. Notes N.H. Admin. Code § Per…

An appointing authority may recommend to the governor and council that salary payments in whole or part be made to full-time permanent employees who: (a) Attend an educational program under Per 1206.01; (b) Visit another governmental agency; or (c) Attend a session of the Constit…

(a) Upon written application to, and written approval from, the appointing authority, a permanent employee may be granted a continuous leave of absence without pay for a period not to exceed 3 months. (b) Leave without pay due to sickness shall not be granted until all of the emp…

(a) Upon approval of the governor and council, an appointing authority may, in accordance with (b), grant paid or unpaid educational leave to any permanent employee. (b) In order for an employee to attend course work which occurs during or overlaps the employee's normal work sche…

(a) Any full-time employee of the state who is a member of the national guard or of a reserve component of the armed forces of the United States shall be entitled to military leave when such duty is in conflict with the employee's regular work schedule. (b) Part-time employees sh…

(a) A permanent employee who has completed the initial probationary period, regardless of funding source, shall be entitled to 15 days of paid military leave per training year to engage in temporary active duty when such duty is in conflict with the employee's work schedule. (b) …

(a) A probationary employee, regardless of funding source, shall be entitled to 15 days of paid military leave per training year to engage in temporary active duty when such duty is in conflict with the employee's work schedule. (b) Notwithstanding Per 1201.06, upon completion of…

(a) Under the federal Uniformed Services Employment and Reemployment Rights Act of 1994, any reservist or member of the national guard who is returning from active duty lasting 5 years or less shall be guaranteed a position comparable to the position that the employee vacated to …

(a) An employee shall be granted civil leave without loss of pay or annual leave under either of the following conditions: (1) When performing jury duty; or (2) When subpoenaed to appear before a court, public body, or administrative tribunal. (b) An employee shall be granted suc…

(a) An employee who is medically unable to work during pregnancy or postpartum may use sick leave during the period of time that the employee is medically unable to work. (b) Employees applying for sick leave relating to pregnancy shall comply with the same application and physic…

(a) An employee working on a part-time basis shall not be eligible to accrue either sick or annual leave. (b) At each anniversary date of employment, should the total working time during the preceding year amount to the equivalent of 6 months full-time employment or more, the par…

(a) Full-time employees shall be entitled to all designated calendar holidays prescribed by law or the chief executive with approval of council, provided the employees are on pay status on the regularly scheduled workday preceding, and subsequent to, the calendar holiday. (b) Emp…

The following days shall be calendar holidays under the provisions of Per 1301.01: (a) New Year's Day; (b) Martin Luther King, Jr. Civil Rights Day; (c) President's Day; (d) Memorial Day; (e) Independence Day; (f) Labor Day; (g) Veterans Day; (h) Thanksgiving Day; (i) Day after T…

(a) When a designated calendar holiday falls on a Saturday, a full-time employee who works a Monday through Friday schedule shall be allowed the preceding day off. (b) If such an employee is required to work on the Friday preceding a designated calendar holiday, the employee shal…

When a full-time employee works other than a Monday through Friday schedule and is not scheduled to work on a designated calendar holiday, the appointing authority shall provide either: (a) Another scheduled workday off with pay; or (b) An additional day's pay at the employee's r…

(a) When a full-time employee is required to work on a designated calendar holiday, the appointing authority shall, in addition to the regular day's pay, either: (1) Pay the employee at the rate of time and one half for hours worked on the designated calendar holiday; or (2) Allo…

(a) Part-time employees involved in the care of persons in the state mental health system, the department of health and human services, the department of youth development services, the state prison, the secure psychiatric unit, or the veterans' home who meet the requirements of …

(a) In addition to the authorized calendar holidays in Per 1301, each full-time employee, including each full-time academic employee, shall be authorized 2 floating holidays of the employee's choice per fiscal year. (b) In each fiscal year, a full-time employee shall accrue one f…

(a) The director shall maintain a list of active employees which shall be arranged alphabetically. (b) The list noted in paragraph (a) shall include the following information concerning each employee: (1) Employee name; (2) The employee's identification number assigned by the fin…

Upon request, the division shall disclose the following non-confidential information to any member of the public: (a) Position information, including: (1) Classification title and position number; (2) Position expiration date, if the position is temporary or seasonal and has an e…

Absent an order of a court of competent jurisdiction, only the following parties shall have the right to inspect the employee personnel files described in Per 1501.03: (a) An employee shall have the right to inspect the employee's own records in the custody of the division and at…

(a) The appointing authority may place any one or more of the following documents in an employee's agency personnel file:(1) Hard copy or electronic forms implementing personnel actions which affect the employee; (2) Hard copy or electronic forms implementing changes which affect…

Documents obtained or generated during the course of an investigation involving an employee shall: (a) Be confidential; (b) Be maintained separately from the employee's agency or division personnel files; and (c) Not be placed in the employee's agency or division personnel file u…

(a) Pursuant to RSA 541-A: 4, any person may petition the director to adopt, amend, or repeal a rule. (b) The petition shall be in writing and shall be addressed to the director. (c) The petition shall: (1) Be signed by the petitioner; (2) Contain a draft of the proposed rule cha…

The purpose of this part is to provide procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11, I - V. Notes N.H. Admin. Code § Per 202.01 (See Revision Notes at chapter heading for Per 100) #8736, eff 10-18-06

(a) Public comment hearings shall be open to the public and members of the public shall be entitled to testify, subject to the limitations of Per 202.03. (b) People who wish to testify shall be asked to write on the speaker's list:(1) Their full names and addresses; and (2) The n…

The director or person designated by the director to preside over a hearing shall refuse to recognize for speaking or revoke the recognition of any person who: (a) Speaks or acts in an abusive or disruptive manner; (b) Fails to keep comments relevant to the proposed rules that ar…

(a) Public comment hearings shall be presided over by the director or a designee of the director who is knowledgeable in the subject area of the proposed rules. (b) Public comment hearings shall be conducted in accordance with RSA 541-A:11. Notes N.H. Admin. Code § Per 202.04 (Se…

(a) Any person may petition the director in writing for a declaratory ruling concerning the applicability of a rule or statute to a specific set of circumstances. (b) The petition shall be addressed to the director and shall be signed by the petitioner. (c) The petition shall cit…

Pursuant to RSA 541-A: 11, VII, any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the director including: (a) The name and address of the person making the request; or (b) If the re…

The director shall, within 90 days of receiving a request in accordance with Per 204.01, provide a written response which: (a) Concisely states the meaning of the rule adopted; (b) Concisely states the principal reasons for and against the adoption of the rule in its final form; …

For the purposes of this part, the following definitions shall apply: (a) "Supervisor" means the person who took the action that is the subject of a dispute under this part, or that person's successor, and who is designated by the appointing authority as being responsible for aff…

(a) In accordance with RSA 541-A:38, the director can resolve issues of conflict concerning the application of personnel rules through the process of informal settlement established in this part, except: (1) Matters not subject to the informal settlement process under Per 205.08;…