Award of back pay and benefits to employees disciplined without good cause--Reinstatement--Adverse impact on budget

SDCL § 3-6D-17, under STATE CIVIL SERVICE.

SDCL § 3-6D-17

In resolving a grievance, the commission may reinstate a civil service employee who has been disciplined without good cause. If reinstatement is ordered by the commission, the order shall include one or more of the following forms of relief: an award of back pay, an award of back benefits, placement in the same position and location that the employee held before the discipline, or placement in a comparable position and location that the employee held before the discipline. Any award of back pay and benefits shall include the employer's contribution pursuant to § 3-12C-401 . Any award of back pay and benefits which adversely affects an agency's budget shall be considered advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next session of the Legislature. Source: SL 2012, ch 23 , § 54; SL 2012, ch 26 , § 16; SL 2019, ch 21 , § 39.