North Dakota Administrative Code

Each agency, department, and institution shall adopt and use a program to provide for the development and management of the performance of each employee in a classified position. History: Effective September 1, 1992; amended effective November 1, 1996. General Authority: NDCC 54-…

Each employee in a classified position must be informed of the responsibilities assigned to the employee's position and of the level of performance needed to successfully perform the work. History: Effective September 1, 1992; amended effective November 1, 1996. General Authority…

Each agency, department, and institution shall use the criteria in one or the other of the following performance management program types: 1. Individual-based performance. a. Performance reviews are conducted at least annually. b. Performance reviews are based on individual job-r…

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective May 1, 1994; amended effective November 1, 1996; July 1…

The terms throughout this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3, except "reduction-in-force" means the loss of employment by an employee as a result of a reduction in funding, lack of work, curtailment of work, or reorganization. History: E…

An appointing authority, after giving written notice to a classified employee, may cause an employee to lose his or her employment due to a reduction-in-force. Prior to initiating a reduction-in-force, an appointing authority shall carefully conduct a written analysis of the affe…

An appointing authority that initiates a reduction-in-force is required to maintain written documentation of the analysis required by section 4-07-11-03. History: Effective May 1, 1994. General Authority: NDCC 54-44.3-12 1 Law Implemented: NDCC 54-44.3-12(1)…

An appointing authority may not subject a classified employee who has satisfactorily completed the probationary period to a reduction-in-force while there are emergency, temporary, or probationary employees serving in the same class in the same agency location. History: Effective…

An appointing authority that initiates a reduction-in-force shall do so only in a nondiscriminatory manner in accordance with North Dakota Century Code section 14-02.4-01. Additionally, an appointing authority may not use a reduction-in-force as a substitute for disciplinary meas…

An individual who has lost employment due to a reduction-in-force shall be offered re-employment by the former employing agency if all of the following conditions are present: 1. A regular position vacancy, in the same classification or lower classification in the same series, oc…

An individual who has lost employment due to a reduction-in-force shall for one year from the date of the reduction-in-force be considered an internal applicant for all positions within the former employing agency for which that individual applies pursuant to policies and practic…

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapters 54-06 and 54-44.3 and section 54-52-01, except: 1. "Annual leave" means an approved absence from work with pay. 2. "Regular employee" means a person who has completed the probati…

Employees eligible for annual leave begin to accrue leave from the day of hire. History: Effective September 1, 1992; amended effective November 1, 1996. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1)

State agencies are advised that the following annual leave accrual schedule is required for use by each state agency subject to this chapter: Years of Service Hours Earned Per Month 1 Zero through three Eight Four through seven Ten Eight through twelve Twelve Thirteen through eig…

An employee accrues leave for being employed for a fraction of a month. The number of annual leave hours earned by an employee for employment for a fraction of a month must be in proportion to the total number of straight time hours the employee actually worked compared to the to…

Repealed effective January 1, 1993.

Generally, a request to use annual leave must be approved before the employee is authorized to take the leave. A leave request may be denied if the employee's absence would unduly disrupt the operations or services of the agency. History: Effective September 1, 1992. General Auth…

No more than two hundred forty hours of accrued annual leave may be carried forward beyond April thirtieth of each year. If a political subdivision that employs individuals in positions classified by human resource management services uses a cutoff date other than April thirtieth…

Repealed effective July 1, 2004.

An employee may not be paid for unused annual leave while the employee remains in the service of the agency, except for the following reasons: 1. The employee takes a long-term leave of absence; 2. The employee goes on educational leave; 3. The employee moves to temporary employm…

A temporary employee who becomes regular must be given credit for the employee's length of service as a temporary employee for the purpose of determining the annual leave accrual rate provided there was no break in service beyond one year. An agency may not grant annual leave hou…

An employee who leaves the employee's employment and who is rehired within three years must be credited with the employee's previous years of continuous service for the purpose of determining the employee's annual leave accrual rate. History: Effective September 1, 1992; amended …

A state agency appointing authority employing an individual from another state agency shall accept all or only a part of the employee's accrued annual leave hours the employee requests to transfer. State agencies covered by the North Dakota merit system shall accept all or a part…

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapters 54-06, 54-44.3, and 54-52.4, except: 1. "Eligible family member" means the employee's spouse, parent (natural, adoptive, foster, and stepparent), child (natural, adoptive, foster…

Employees eligible for sick leave begin to accrue leave from the day of hire. History: Effective September 1, 1992; amended effective November 1, 1996. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1)

State agencies are advised that the following sick leave accrual schedule is required for use by each state agency subject to this chapter: 1 Years of Service Hours Earned Per Month Zero to all Eight A local government agency subject to the North Dakota merit system adopting or u…

An employee accrues sick leave for employment for a fraction of a month. The number of sick leave hours earned by an employee for employment for a fraction of a month must be in proportion to the total number of straight time hours the employee actually worked compared to the tot…

An employee may not be limited in the number of unused earned sick leave hours that may be carried over from one calendar year to another. History: Effective September 1, 1992. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1)

Sick leave may be used by an employee when: 1. The employee is ill or injured and is unable to work. 2. The employee has an appointment for the diagnosis or treatment of a medically related condition. 3. The employee wishes to attend to the needs of the employee's eligible family…

Repealed effective January 1, 1993.

Repealed effective November 1, 1996.

A temporary employee may not be credited with any accrued sick leave hours. History: Effective September 1, 1992; amended effective July 1, 2008. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-44.3-12(1)

An employee who leaves his or her employment and who is rehired within one year must be credited with the amount of sick leave hours the employee had accumulated at the time of departure, less any amount for which the employee had subsequently been paid. An employee affected by a…

A state agency appointing authority employing an individual from another state agency shall accept all of the employee's accrued sick leave hours. State agencies covered by the North Dakota merit system shall accept all accrued sick leave hours of a county social service employee…

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3 and section 54-06-36, except: 1. "Family" means husband, wife, son, daughter, father, mother, stepparents, brother, sister, brother-in-law, sister-in-law, grandparents, gr…

An appointing authority may grant a request for funeral or honor guard leave even if the absence of the employee might interfere with the normal operations of the agency. History: Effective September 1, 1992; amended effective January 1, 2012. General Authority: NDCC 54-44.3-12 L…

An agency may not consider funeral or honor guard leave as sick leave or annual leave. History: Effective September 1, 1992; amended effective January 1, 2012. General Authority: NDCC 54-44.3-12 Law Implemented: NDCC 54-06-36, 54-44.3-12(1) 2…

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …

The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter 54-44.3, except: 1. "Leave without pay" means the approved absence from work without pay of an employee. 2. "Educational leave" means the approved leave of absence from work witho…

An appointing authority may grant an employee's request for a leave of absence without pay provided that: 1. The absence of the employee will not unduly disrupt the agency's operations or services. 2. The employee is placed on leave without pay status and is not terminated. 3. Th…

An appointing authority may grant an employee educational leave provided that: 1. The absence of the employee will not unduly disrupt the agency's operations or services. 2. The employee is placed on educational leave status and is not terminated. 3. The employee does not accrue …

This chapter applies to all state and local government agencies, departments, institutions, and boards and commissions that employ individuals in positions classified by human resource management services. History: Effective September 1, 1992; amended effective November 1, 1996; …

An employee selected for jury duty must be granted an approved absence from work with pay, except that an amount of pay equal to the amount the employee received from the court for jury duty service must be deducted from the employee's regular pay. However, if an employee is on a…

When an employee is called or appears as a witness, or as an expert witness, on behalf of the employer, and the employee's department reimburses the employee for mileage, meals, and lodging, then the employee may not submit an additional claim for mileage, meals, and lodging. Als…

An employee may retain a witness fee paid by a party only when each of the following apply: 1. The employee's agency did not reimburse the employee for mileage, meals, and lodging. 2. The employee is on authorized leave. History: Effective September 1, 1992. General Authority: ND…

When a law enforcement officer performs duties as a witness during off-duty time, the officer may receive a witness fee and reimbursement for mileage, meals, and lodging, provided the officer is not otherwise reimbursed by the employer. When a law enforcement officer performs dut…

An employee who performs witness duties unrelated to the employee's official capacity, or because the employee is personally interested in the proceedings, or because the employee volunteers to do so, must be placed on annual leave or leave without pay status. In these situations…