Chapter 19

19-711.02. ANNUAL REPORTING Each agency having any donation or approved requests for leave transfer in a calendar year shall submit the following information to the DSHR: A. Sick Leave - Total hours and cost of: 1. Sick leave donated; 2. Sick leave used by recipient(s); and 3. Si…

19-711.03. ELIGIBILITY TO DONATE A. An employee donating sick or annual leave to either the sick or annual leave transfer pool must do so prior to the end of the calendar year. B. An employee may donate no more than one-half of the sick or annual leave he earns within a calendar …

19-711.04. REQUEST FOR LEAVE A. An employee with a medical emergency may request sick or annual leave from the appropriate pool account by completing the employing agency’s Recipient Request Form. While there is no limit to the number of separate requests that an employee may sub…

19-711.05. LEAVE APPROVAL Under guidelines established by the Department of Administration, the agency head of the employing agency may, upon receiving a completed request, review all necessary information and approve recipients from within the agency to participate in the leave …

19-711.06. NO ADMINISTRATIVE OR JUDICIAL APPEAL The decisions of the agency head of the employing agency are final, and there is no administrative or judicial appeal of the decisions. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State …

19-711.07. USE OF SICK OR ANNUAL LEAVE A. Leave taken under this Section may qualify for the Family Medical Leave Act (FMLA) and, if so, will run concurrently. B. Under guidelines established by the Department of Administration, the employing agency may transfer all or any portio…

19-711.08. WHEN MEDICAL EMERGENCY TERMINATES A. The medical emergency affecting a leave recipient terminates when either the employing agency determines that the medical emergency no longer exists or either the leave recipient separates from employment. B. The employing agency sh…

19-711.09. SEPARATION FROM EMPLOYMENT Transferred sick or annual leave from a pool account remaining when the leave recipient separates from employment must be restored to the appropriate pool account by the completion of a Leave Restoration Form. Upon separation from employment,…

19-712. OTHER LEAVE PROGRAMS SCOPE AND PURPOSE This Regulation governs the leave programs, other than annual and sick leave and holidays. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2…

19-712.01. OTHER LEAVE TYPES Leave taken under this Section may qualify as Family and Medical Leave Act (FMLA) leave and, if so, will run concurrently. A. Administrative Leave State employees in full-time equivalent (FTE) positions who are physically attacked while in the perform…

19-713. DUAL EMPLOYMENT SCOPE AND PURPOSE This Regulation governs how employees in FTE positions may accept additional temporary, part- time employment with the same or another agency. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State…

19-713.01. STATEMENTS OF POLICY A. General Provisions 1. In accordance with this Regulation, agencies may develop internal dual employment policies. 2. Dual employment shall be limited in duration to the specific time frame approved which cannot exceed 12 months. 3. The practice …

19-714. GOVERNMENT EMPLOYEES INTERCHANGE PROGRAM SCOPE AND PURPOSE This Regulation governs the authority of DSHR for administering an interchange program for government employees in FTE positions to facilitate short term assignments between or among federal, state, or local gover…

19-714.01. STATEMENTS OF POLICY A. The Department of Administration has delegated to the State Human Resources Director the authority to administer an Interchange of Government Employees Program as provided in Section 8-12-60 of the South Carolina Code of Laws. B. Agencies should…

19-715. Exception: This paragraph does not apply unless the employee is serving a trial period at the time this version of the Regulations becomes effective. 4. An employee who transfers to a position in the same class in another agency or is reassigned to a position in the same …

19-715.01. STATEMENTS OF POLICY A. The Division of State Human Resources (DSHR) shall develop an EPMS model policy to assist an agency in its policy development. The Division of State Human Resources must review and approve each agency’s EPMS policy which includes a Substandard P…

19-715.02. ESTABLISHING AND MAINTAINING PERFORMANCE REVIEW DATES A. A performance review date is the first day which marks the beginning of a new review period. If an employee does not receive a performance evaluation prior to the performance review date, the employee shall recei…

19-715.03. ESTABLISHING AND MAINTAINING PERFORMANCE REVIEW DATES FOR EMPLOYEES IN THE EXECUTIVE COMPENSATION SYSTEM A. For Employees Covered by the State Employee Grievance Procedure Act Upon completion of a probationary or trial period, the performance review date of a covered e…

19-715.04. ESTABLISHING AND MAINTAINING PERFORMANCE REVIEW DATES FOR AGENCY HEADS Annual performance evaluations shall be completed by July 1 for agency heads. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issu…

19-716. STAFF DEVELOPMENT AND TRAINING SCOPE AND PURPOSE This Regulation governs staff development and training programs for agencies’ employees but does not affect sabbatical leave for academic personnel. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2…

19-716.01. STATEMENTS OF POLICY A. An agency may sponsor training for employees to improve or secure those skills necessary for the efficient and effective operations of the agency and to ensure uniformity in the administration of staff development and training programs throughou…

19-716.02. EDUCATIONAL LEAVE An employee is encouraged to schedule classes during off-duty hours, whenever possible. When a class cannot be scheduled during off-duty hours, the agency may adjust the employee’s work schedule, if doing so will not interfere with normal efficient op…

19-716.03. REQUIRED COURSES An agency may require an employee to take a specific course that will help improve the employee’s performance in the present position or acquire skills necessary to perform additional job duties to meet agency needs. If required, the agency will then p…

19-716.04. TUITION ASSISTANCE A. Agencies may provide tuition assistance to employees based on the guidelines recommended by DSHR and approved by the Department of Administration. B. For exceptions to the Tuition Assistance Guidelines, the agency may submit a proposal to the Depa…

19-717. DISCIPLINARY ACTIONS SCOPE AND PURPOSE This Regulation governs the administration of progressive discipline for covered employees in FTE positions. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No…

19-717.01. STATEMENTS OF POLICY A. The Division of State Human Resources (DSHR) shall develop a progressive discipline model policy to assist an agency in its policy development. The Division of State Human Resources must review and approve each agency’s progressive discipline po…

19-718. STATE EMPLOYEE GRIEVANCES AND APPEALS SCOPE AND PURPOSE This Regulation sets forth the procedures for grievances and appeals under the State Employee Grievance Procedure Act (the Act), codified at Section 8-17-310 through Section 8-17-370 of the South Carolina Code of Law…

19-718.01. STATEMENTS OF POLICY A. The Division of State Human Resources shall develop a grievance model policy to assist an agency in its policy development. The Division of State Human Resources must review and approve each agency’s grievance policy. B. Each agency shall develo…

19-718.02. INTERNAL AGENCY GRIEVANCE PROCEDURES A. Each notice of an employment action by an agency that may constitute a grievance under the Act should be in writing. A voluntary acceptance of such an action on the part of a covered employee should also be in writing. The notice…

19-718.03. COVERED EMPLOYEES AND THEIR REPRESENTATIVES A. ‘‘Covered employee’’ means a full-time or part-time employee occupying a part or all of an established full-time equivalent (FTE) position who has completed the probationary period and has a ‘‘meets’’ (or equivalent) or hi…

19-718.04. GRIEVANCES A. Grievable adverse actions shall include: 1. Terminations; 2. Suspensions; 3. Involuntary reassignments in excessive of thirty (30) miles from the prior work station; NOTE: The reassignment of an employee by an agency in excess of thirty (30) miles from th…

19-718.05. APPEALS TO THE STATE HUMAN RESOURCES DIRECTOR A. If a covered employee is not satisfied with the agency’s final decision concerning his grievance, he may appeal, after all administrative remedies to secure relief within the agency have been exhausted, to the State Huma…

19-718.06. MEDIATION PRIOR TO STATE EMPLOYEE GRIEVANCE COMMITTEE HEARINGS A. ‘‘Mediation’’ means an alternative dispute resolution process whereby a mediator who is an impartial third-party acts to encourage and facilitate the resolution of a dispute without prescribing what it s…

19-718.07. APPEALS FORWARDED TO THE STATE EMPLOYEE GRIEVANCE COM- MITTEE A. If a resolution through mediation as required by Section 19-718.06 of the State Human Resources Regulations cannot be accomplished, the State Human Resources Director shall forward the appeal to the desig…

19-718.08. APPEALS FORWARDED TO A MEDIATOR-ARBITRATOR A. ‘‘Mediation-arbitration’’ means an alternative dispute resolution process that provides for the submission of an appeal to the mediator-arbitrator, an impartial third party who conducts conferences to attempt to resolve the…

19-718.09. APPELLATE REVIEW OF ANY FINAL DECISION Either party may seek appellate review to the Administrative Law Court from a final decision by the State Human Resources Director denying an appeal or by the State Employee Grievance Committee or mediator-arbitrator. A. A notice …

19-718.10. REINSTATEMENT OF LEAVE An employee who involuntary separates from State service and whose employment is reinstated through the agency’s internal grievance procedure, mediation agreement or by the State Employee Grievance Committee shall have his sick leave restored and…

19-719. COMPUTATION OF BACK PAY AND APPROVAL OF PERSONNEL SETTLE- MENTS SCOPE AND PURPOSE This Regulation sets forth the procedures for computing back pay and approval of personnel settlements. HISTORY: Added by SCSR 48-9, eff September 27, 2024.

19-719.01. COMPUTATION OF BACK PAY A. Reinstatement of pay resulting from a reversed disciplinary action or suspension pending investigation of an employee shall be less any other related income received, such as unemployment compensation, workers’ compensation, State retirement …

19-719.02. APPROVAL OF PERSONNEL SETTLEMENT A. It is the policy of the State Fiscal Accountability Authority that personnel settlement proposals which include monetary statements for both covered and non-covered employees be presented to the State Fiscal Accountability Authority …

19-720. SEPARATION FROM STATE SERVICE SCOPE AND PURPOSE This Regulation governs how the State government employment relationship may end. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2…

19-720.01. CONTINUOUS STATE SERVICE AND BREAK IN SERVICE A. Continuous State Service Continuous State service is service with one or more agencies without a break in service. B. Break in Service An employee experiences a break in service when the employee: 1. Separates from State…

19-720.02. RESIGNATION A. An employee may resign orally or in writing. Such notification of resignation should be accepted by the agency in the same manner as provided, whether written or oral, and an oral acceptance of a resignation should be generally confirmed in writing. Once…

19-720.03. TERMINATION For purposes of the State Employee Grievance Procedure Act, termination is the action taken by an agency against an employee to separate the employee involuntarily from employment. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 200…

19-720.04. REDUCTION IN FORCE A. Statements of Policy 1. The Division of State Human Resources shall develop a reduction in force model policy to assist an agency in its policy development. The Division of State Human Resources must review and approve each agency’s reduction in f…

19-720.05. EXIT INTERVIEWS A. Each agency should establish a procedure for obtaining separation information from each employee who voluntarily separates from State service. This procedure should include an exit interview to reflect the specific reasons for the employee’s separati…

19-720.06. ANNUAL AND SICK LEAVE UPON SEPARATION A. Section 19-709.05 explains the applicable annual leave provisions when an employee separates from State service. B. Section 19-710.06 explains the applicable sick leave provisions when an employee separates from State service. H…

19-721. RECORDKEEPING SCOPE AND PURPOSE This Regulation governs the recordkeeping requirements for human resources programs. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010; State Re…

19-721.01. STATEMENT OF POLICY Each agency shall establish and maintain all records required by State law or DSHR concerning human resources programs. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, …

19-721.02. EMPLOYEE RECORDS A. Each agency shall establish and maintain an official human resources file for each employee which shall include, but not necessarily be limited to, the following: 1. Employment application; 2. All human resources actions reflecting the employee’s wo…