Fla. Admin. Code Ann. R. 60L-33.00311 - Appointments
(1) Appointments shall be made only to
authorized positions that have been established in accordance with the
provisions of Section
216.262, F.S.
(2) Appointments shall be made in accordance
with the non-discrimination provisions of Section
110.105(2)(a),
F.S., and other applicable federal or state non-discrimination laws.
(3) Agencies may appoint a current employee
or an individual from outside the agency to a filled position for the purpose
of:
(a) Training when the position's incumbent
will be exiting the position. The training period shall not exceed 1040 hours
during any twelve-month period unless the Department has approved a written
request for an extension of the training period.
(b) Performing the duties of an incumbent who
is on an extended leave of absence for active military service, when the leave
of absence is expected to be for a minimum of 1040 hours.
(4) Employees performing duties pursuant to
paragraphs (3)(a) and (b), shall be designated as overlapped in the State
Personnel System's human resource information system and shall receive the
benefits, employee rights, appropriate appointment type and associated status
of the position for which such employee is appointed to overlap. In addition,
such employee may receive an increase in pay in accordance with Chapter 60L-32,
F.A.C.
(5) An employee designated
as overlapped with an employee on a leave of absence due to active military
duty shall be returned to his or her former position or to a position with
substantially similar duties and responsibilities as the former position upon
the return of the employee from active military duty if such position is
available.
(a) In such case, the employee
shall resume the same status and the same rate of pay previously held in the
former position, including any across-the-board pay increases that would have
been granted under the former position during the assignment.
(b) A return to the former or comparable
position and resumption of the former rate of pay shall not constitute a
demotion action or reduction in pay for the purpose of Section
110.227,
F.S.
Notes
Rulemaking Authority 110.105 5, 110.201(1), 110.2035 (1), 110.217 (1), 110.403 (1), 110.605 (1) FS. Law Implemented 110.105, 110.2035, 110.217, 110.403, 110.605, 216.262 FS.
New 1-26-14.
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