Title 63A, Utah Government Operations Code

63A-17-1005. Discipline of employees. An employee shall be subject to the rules of discipline of the director made in accordance with Section 63A-17-1002, if the employee: (1) refuses to submit to testing procedures provided in Section 63A-17-1004; (2) refuses to complete a drug …

63A-17-1006. Violations and penalties. In addition to other criminal penalties provided by law, an employee who: (1) fails to notify the employee's director under Section 63A-17-1003 is subject to disciplinary proceedings as established by the director by rule in accordance with …

63A-17-1007. Exemptions. Peace officers, as defined under Title 53, Chapter 13, Peace Officer Classifications, acting in their official capacity as peace officers in undercover roles and assignments, are exempt from the provisions of this act.

63A-17-101. Title. This chapter is known as the "Utah State Personnel Management Act."

63A-17-102. Definitions. As used in this chapter: (1) "Agency" means any department or unit of Utah state government with authority to employ personnel. (2) "Career service" means positions under schedule B as defined in Section 63A-17-301. (3) "Career service employee" means an …

63A-17-103. Principles guiding interpretation of chapter and adoption of rules -- Merit principles. (1) The division shall establish a career service system designed in a manner that will provide for the effective implementation of the following merit principles: (a) recruiting, …

63A-17-104. Discriminatory or prohibited employment practices. The state, the state's officers, and employees shall be governed by the provisions of Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited employment practices.

63A-17-105. Division of Human Resource Management created -- Director -- Chief Human Resources Officer -- Staff. (1) There is created within the department, the Division of Human Resource Management. (2) The division shall be administered by a director appointed by the executive …

63A-17-106. Responsibilities of the director. (1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a fetus, regardless of gestational age or the duration of the pregnancy. (2) The director shall have full responsibility and accountability for the…

63A-17-107. Services and fees -- Submission to rate committee. The director shall, before charging a rate for services provided by the division's internal service fund to an executive branch agency: (1) submit the proposed rates and cost analysis to the rate committee established…

63A-17-108. Severability of provisions -- Compliance with requirements for federally aided programs. (1) If any provision of this chapter or of any regulation or order issued thereunder or the application of any provision of this chapter to any person or circumstance is held inva…

63A-17-109. Study of wildland fire related pay plans. By no later than June 30, 2021, the division shall complete a comprehensive comparison of federal, state, and municipal wildland fire agencies or departments to recommend whether salary ranges should be adjusted for state empl…

63A-17-110. State pay plans for DNR law enforcement officers and wildland firefighters. (1) As used in this section: (a) "Division of Forestry, Fire, and State Lands" means the division created in Section 65A-1-4 within the Department of Natural Resources. (b) "Division of Law En…

63A-17-112. Pay for performance management system -- Employees paid for performance. (1) As used in this section: (a)(i) "Agency" means, except as provided in Subsection (1)(a)(iii), the same as that term is defined in Section 63A-17-102. (ii) "Agency" includes an independent ent…

63A-17-201. Division field offices. (1) The director may establish a field office in an agency. (2) The director may assign an employee of the division to act as field office staff. (3) The director and agency head shall sign an agreement, to be reviewed annually, that specifies:…

63A-17-202. Use of facilities -- Field office facilities cost allocation. (1) An agency or a political subdivision of the state shall allow the division to use public buildings under the agency's or the political subdivision's control, and furnish heat, light, and furniture, for …

63A-17-301. Career service -- Exempt positions -- Schedules for civil service positions -- Coverage of career service provisions. (1) Except as provided in Subsection (3)(d), the following positions are exempt from the career service provisions of this chapter and are designated …

63A-17-302. Implementation of exempt status for Schedule AD and AR employees. (1) As used in this section, "appointee" means: (a) a deputy director; (b) a division director; (c) any assistant directors and administrative assistants who report directly to a department head, deputy…

63A-17-304. Promotion -- Reclassification -- Market adjustment. (1)(a) If an employee is promoted or the employee's position is reclassified to a higher salary range maximum, the agency shall place the employee's salary within the new range of the position. (b) An agency may not …

63A-17-305. Appointments to Schedule B positions -- Examinations -- Hiring lists -- Probationary service -- Dismissal. (1) Each appointment to a position under Schedule B shall be made from hiring lists of applicants who have been selected by competitive procedures as defined by …

63A-17-306. Dismissals and demotions -- Grounds -- Disciplinary action -- Procedure -- Reductions in force. (1) A career service employee may be dismissed or demoted: (a) to advance the good of the public service; or (b) for just cause, including inefficiency, incompetency, failu…

63A-17-307. State pay plans -- Applicability of section -- Exemptions -- Duties of director. (1)(a) This section, and the rules made by the division under this section, apply to each career and noncareer employee not specifically exempted under Subsection (2). (b) If not exempted…

63A-17-308. Transferred employee from Department of Workforce Services to the Governor's Office of Economic Development. (1) An employee who is employed with the Housing and Community Development Division within the Department of Workforce Services, and who transfers to the Divis…

63A-17-401. Examination of payrolls and certification of employee eligibility by the director. (1) The director may examine payrolls at any time to determine conformity with this chapter and administrative rules. (2) No new employee shall be hired in a position covered by this ch…

63A-17-402. Division provides payroll services to executive branch agencies -- Report. (1) As used in this section: (a)(i) "Executive branch entity" means a department, division, agency, board, or office within the executive branch of state government that employs a person who is…

63A-17-403. Employee cost disclosure. The Division of Finance shall, at least annually, plainly disclose to all state employees the costs of compensation and benefits that are paid by the state in dollar figures.

63A-17-501. Definitions. As used in this part: (1) "Continuing medical and life insurance benefits" means the state provided policy of medical insurance and the state provided portion of a policy of life insurance, each offered at the same: (a) benefit level and the same proporti…

63A-17-502. Overtime policies for state employees. (1) As used in this section: (a) "Accrued overtime hours" means: (i) for a nonexempt employee, overtime hours earned during a fiscal year that, at the end of the fiscal year, have not been paid and have not been taken as time off…

63A-17-503. Accumulated annual leave or paid time off -- Conversion to deferred compensation plan. (1) The division shall implement a program whereby an employee may, upon termination of employment or retirement, elect to convert any unused annual leave or paid time off into any …

63A-17-504. Accumulated annual leave or paid time off -- Annual conversion to deferred compensation plan. (1) If the Legislature in an annual appropriations act with accompanying intent language specifically authorizes and fully funds the estimated costs of this use, the division…

63A-17-505. Sick leave -- Definitions -- Unused sick days retirement programs -- Rulemaking. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall make rules: (a) for the procedures to implement the provisions of this section through …

63A-17-506. Converted sick leave. Converted sick leave hours that are not used prior to an employee's retirement date shall be used under the: (1) Unused Sick Leave Retirement Option Program I under Section 63A-17-507 if earned prior to January 1, 2006, unless the transfer is mad…

63A-17-507. Unused Sick Leave Retirement Option Program I -- Creation -- Payout upon eligibility for allowance -- Continuing medical and life insurance benefits after retirement. (1)(a) There is created the "Unused Sick Leave Retirement Option Program I." (b) An agency may offer …

63A-17-508. Unused Sick Leave Retirement Program II -- Creation -- Remuneration upon eligibility for allowance -- Medical expense account after retirement. (1)(a) There is created the "Unused Sick Leave Retirement Program II." (b) An agency shall offer the Unused Sick Leave Retir…

63A-17-509. Organ donor leave. (1) An employee who serves as a bone marrow donor shall be granted a paid leave of absence of up to seven days that are necessary for the donation and recovery from the donation. (2) An employee who serves as a donor of a human organ shall be grante…

63A-17-510. Annual leave -- Definitions -- Previously accrued hours -- Recognition of liability. (1) As used in this section: (a)(i) "Annual leave II" means leave hours an employing agency provides to an employee, beginning on the change date established in Subsection (2), as tim…

63A-17-511. Parental leave -- Postpartum recovery leave -- Adoption leave -- Foster leave. (1) As used in this section: (a) "Adoption leave" means leave hours a state employer provides to an adoption leave eligible employee. (b) "Adoption leave eligible employee" means an employe…

63A-17-511.5. Safe leave. (1) As used in this section: (a) "Child" means an individual younger than 18 years old. (b) "Immediate family" means a qualified employee's: (i) parent, spouse, child, or sibling; or (ii) an individual that the qualified employee claims as a dependent fo…

63A-17-512. Leave of absence with pay for employees with a disability who are covered under other civil service systems. (1) As used in this section: (a) "Eligible officer" means a person who qualifies for a benefit under this section. (b)(i) "Law enforcement officer" means a swo…

63A-17-513. State employer required to provide leave to a legislator on an authorized legislative day. (1) As used in this section: (a) "Authorized legislative day" means: (i) the day on which the Legislature convenes in annual general session, and each day after that day, until …

63A-17-514. One time leave program election. (1) As used in this section: (a) "Active member" means the same as that term is defined in Section 49-11-102. (b) "Change date" means the same as that term is defined in Section 63A-17-515. (c) "Current employee" means an agency employ…

63A-17-515. Paid time off. (1) As used in this section: (a) "Annual leave II" means the same as that term is defined in Section 63A-17-510. (b) "Change date" means the date established by the Division of Finance under Subsection (2). (c)(i) "Paid time off" means leave hours an ag…

63A-17-516. Agency leave bank program. (1) Each agency shall establish and administer a leave bank program. (2) Each agency shall ensure that the agency's leave bank program established in accordance with this section: (a) allows an employee to voluntarily donate the employee's p…

63A-17-601. Grievance resolution -- Jurisdiction. (1) Employees shall comply with the procedural and jurisdictional requirements of this section, Title 63G, Chapter 4, Administrative Procedures Act, and Chapter 19a, Grievance Procedures, in seeking resolution of grievances. (2) A…

63A-17-602. Position classification grievances -- Scope -- Procedure. (1)(a) For the purpose of position classification grievances, the process that culminates in assigning a career service position to an appropriate class specification is a matter of position classification and …

63A-17-603. Discriminatory/prohibited employment practices grievances -- Procedures. (1) An applicant for a position in state government, a probationary employee, career service employee, or an exempt employee who alleges a discriminatory or prohibited employment practice as defi…