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2015 Changes to the Merit Rules

Effective 9/11/2015

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Subchapter 3. Diversity and Equal Employment Opportunity

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260:25-3-75. Qualifications of civil rights personnel [REVOKED]

• Completely removed the following:• Personnel selected by Appointing Authorities to fill full-time Civil Rights

Administrator positions in the classified service shall meet the minimum requirements contained in the job family descriptor for these jobs .

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Subchapter 5. Position Allocation and Employee Classification System

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260:25-5-3. Authority and responsibility of Appointing Authorities [AMENDED]

• Removes requirement for Appointing Authorities to review JFDs annually.• Removes requirement for agency to provide copies of JFDs to

employees. All JFDs are accessible on the OMES website.

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260:25-5-55. Forms used to describe positions [AMENDED]• Removes requirements listed for the HCM39 & HCM70.• The forms are still required, but this allows for some flexibility in the actual

content of the form.

• Adds an organizational chart to classification dispute review request form.

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Subchapter 7. Salary and Payroll

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260:25-7-1.1. Salary administration plan [AMENDED]• No longer requires agencies to establish hiring rates within their

salary administration plan.• Removes the requirement for agencies to establish hiring rates above

the midpoint within their salary administration plan.

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260:25-7-2. Salary schedule

• The classified pay structure used to be posted as an appendix in the Merit Rules. This change removes that appendix, but still requires agencies to pay within the pay structure.• Updated pay structures can be found on our website.

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260:25-7-10. Base rate of pay higher than maximum [AMENDED]• Clarifies that the base rate can’t be higher than the pay band

maximum. • Strengthens the fact that differentials (on-call, shift, etc.) are not

included in base pay.

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260:25-7-11. Continuous Service Incentive Plan [AMENDED]• Changes Office of Personnel Management to Human Capital

Management.

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260:25-7-14. Rate of pay upon reclassification, promotion, career progression, demotion, and transfer [AMENDED]

• Removes the 20% limit on salary increases upon promotions and career progressions.• Establishes the maximum of the pay band as the new limit upon

promotions and career progressions.

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260:25-7-20. Market adjustments [AMENDED]

• Removes the requirement that all employees within the same job family level are given uniform treatment when implementing a market adjustment.• This should help some agencies target individuals or small groups of

employees within highly populated and broadly written job descriptions.

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260:25-7-26. Equity-based pay adjustments [AMENDED]• Clarifies that equity adjustments above the midpoint of the pay band

no longer require the Administrator’s approval.

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260:25-7-27. Performance-based adjustments [AMENDED]• Removes the uniform treatment requirement from the performance

based adjustment.• Now high performing individuals may be given a pay for performance

increase without the requirement it be given to everyone else in the agency.

• Additionally, the 5% limit for ‘meets standards’ and the 10% limit for ‘exceeds standards’ have been removed.• No limits have been established.

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Subchapter 9. Recruitment and Selection

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260:25-9-6. Establishment of minimum qualifications [AMENDED]• Removed the student pending approval for admission to examination,

since the majority of jobs no longer test.

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260:25-9-9. Disqualifications [AMENDED]• Clarifies that the removal of a person’s name from all registers may be

for a period of two years for several disqualification reasons.• Added an additional reason for disqualification. • Added the applicant may be electronically notified for the action and

reason for disqualification.

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260:25-9-10. Required certification of qualifications before promotions, demotions, transfers, and reinstatements [AMENDED]

• Added that form(s) for promotions, demotions, transfers, and reinstatements are made available either electronically or online.

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260:25-9-71. Certification methods [AMENDED]

• Gives the agency a choice of certification methods. Due to the fact that the majority of jobs no longer require a test but are on-line questions, this will give residents of OK preference over out of state applicants, if the agency chooses.

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260:25-9-95. Appointments to noncompetitive classes [AMENDED]

• Added the exception for agencies with delegation authority.

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260:25-9-99. Fair employment practices appointments [REVOKED]

• Clean up. The Statute was revoked in 2012.

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260:25-9-115 Duration of direct hire authority [AMENDED]

• Removed time limit on hard to fill positions from 12 months to indefinitely.

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260:25-9-131. Pass for cause of an absolute preference veteran [AMENDED]

• Changed Office of Personnel Management to Human Capital Management.

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Subchapter 11. Employee Actions

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260:25-11-55. Trial period and probationary period for promoted employees [AMENDED]

• Removes requirement for HCM to be receive written notification when an employee on trial period becomes permanent. Entering a transaction moving to permanent status will count as the notification.

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260:25-11-132. Method of resignation [Amended]

• Eliminates the requirement of employees to provide a written resignation notice. Resignations given orally or by other means are acceptable as long as given in the 14 day time period.

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Subchapter 13. Reduction-In-Force

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260:25-13-71. Agency priority reemployment consideration requirements [AMENDED]

• Removed the requirement for an agency to consider it’s Affirmative Action plan• Not all agencies are required to have an affirmative action plan/report.

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Subchapter 15. Time and Leave

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260:25-15-43. Holidays [AMENDED]

• Gives agencies the authority to not grant holiday pay to employees on unauthorized leave either the day before or the day after a holiday.

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APPENDIX B. SCHEDULE OF ANNUAL AND SICK LEAVE ACCUMULATION LIMITS AND YEARLY ACCRUALS

• We have expanded the leave accrual table to include both days and hours

Annual and Sick Leave Accumulation Limits and Yearly Accruals

[74:840-2.20(2)]

Note: "Days" refers to 8-hour working days.

Annual Leave Sick Leave

Years of Cumulative Service Yearly Accrual (days)

Yearly Accrual (Hours)

Accumulation Limit (days/hours)

Yearly Accrual (days)

Yearly Accrual (Hours)

Accumulation Limit (days/hours)

Less than 5 years 15 days/year 120 hours 30 days/240 hours 15 days/year 120 hours No Limit

more than 5 but less than 10 years 18 days/year 144 hours 60 days/480 hours* 15 days/year 120 hours No Limit

10 to 20 years 20 days/year 160 hours 60 days/480 hours* 15 days/year 120 hours No Limit

Over 20 years 25 days/year 200 hours 60 days/480 hours* 15 days/year 120 hours No Limit

*Except as provided in 260:25-15-11(b)(5)

Note: Accrual rate is an hourly rate equal to the annual accrual divided by the number of work hours in the current year.

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Subchapter 17. Performance Evaluation and Career Enhancement Programs

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260:25-17-31. Employee performance management system [AMENDED]

• Clean-up removed references to statute 74:840-4.17.• Removed requirement for agencies to submit an annual report of

compliance.• Removed requirement for OMES to conduct audits of agencies to

determine compliance.

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260:25-17-75. Executive Fellows program [AMENDED]• To reflect the Statues change to 840:3.4 A. HCM clean up language. • HCM no longer requires written verification. This allows for electronic

methods to be used.

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260:25-17-77. Application form and procedure [AMENDED]

• HCM no longer requires the applicant survey form.• HCM no longer require the voluntary survey form related to

demographics.• HCM no longer requires a letter of recommendation from the current

appointing authority, if the applicant is a state employee.• Additional name changes – OPM to HCM.

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260:25-17-82. Carl Albert Public Internship Program; termination of internship [AMENDED]

• HCM no longer requires the exit survey.

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260:25-17-84. Executive Fellows, Senior Undergraduate, Undergraduate program; conversion [AMENDED]

• Clean up language.• Added the other internship forms and time limits from 840:3.5.• HCM no longer required to have roster of executive fellows who have

not converted.

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Subchapter 25. Oklahoma State Employees’ Direct Deposit Rules

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260:25-25-35. Communication with HCM [AMENDED]

• Changed cite references to reflect 260 rather than 530.

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260:25-25-37. Confidential records; inspection and release of open records [AMENDED]

• Changed cite references to reflect 260 rather than 530.

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260:25-25-40. Complaints [AMENDED]

• Changed cite references to reflect 260 rather than 530.

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Subchapter 27. State Employee Child Day Care Program Rules

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260:25-27-9. Communications with HCM [AMENDED]

• Changed cite references to reflect 260 rather than 530.

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Questions?

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Requested Changes for Next Year

• If you have any suggested changes to the rules please submit them to your Class/Comp liaison by October 1st.