Kan. Admin. Regs. § 1-4-8 - Effect of position reallocation on incumbent
(a)
(1) If a position that is reallocated is
filled on the date of reallocation by an employee with permanent or
probationary status and if the incumbent wishes to remain in the position, the
appointing authority shall, within the current pay period, appoint the
incumbent to the class to which the position was reallocated.
(2) If the class specification for the
reallocated position requires that the person appointed to any position in that
class possess a special license or certificate and the incumbent does not
possess such a license or certificate, the incumbent shall not be appointed to
the class to which the position was reallocated. If the reallocation of any
position to a class requires that the employee possess a special license or
certificate and if the incumbent does not possess that license or certificate,
the reallocation may be made only after the reallocation has been approved in
writing by the director.
(b) Except as provided in paragraph (a)(2),
if the incumbent had permanent status at the time the position is reallocated,
the appointing authority shall appoint the incumbent to the class to which the
position was reallocated with permanent status, but may require the incumbent
to serve a probationary period in accordance with the provisions of K.A.R.
1-7-4(b). Notice of the probationary period shall be given to the employee in
writing.
(c) If the reallocation
of a position occupied by an employee with permanent status is to a lower
class, the appointing authority shall give the employee a written statement of
the reason the position is being reallocated to a lower class.
(d) A reallocation shall not be retroactive
unless authorized by the director, in writing, based on the director's
determination that failure to do so would create a manifest injustice or undue
hardship on the employee whose position is being reallocated. Each
determination to authorize a retroactive reallocation shall be made by the
director on a case-by-case basis. The length of time for which the reallocation
will be retroactive shall be determined by the director.
(e) If the incumbent was serving a
probationary period in the former class, the time served on probation in the
former class shall apply towards the probationary period in the new class.
However, if the incumbent had permanent status, but was serving a probationary
period as a result of a promotional appointment to the former class, the
appointing authority may start the employee on a new probationary period. The
new probationary period shall begin on the date of the appointment to the new
class, and the length of the probationary period shall be the same as that
provided for promotional appointments in K.A.R. 1-7-4(b).
(f)
(1) If
the incumbent does not wish to remain in the position upon its reallocation,
the incumbent shall submit a written notice to the appointing authority within
14 calendar days of the date on which the incumbent is given a written notice
of the pending reallocation. If the incumbent does not submit a written notice
within that 14-day period, the incumbent shall be presumed to desire to remain
in the position as reallocated.
(2) If the incumbent has submitted the
written notice as provided under paragraph (f)(1) or does not qualify for the
position under paragraph (a)(2), the appointing authority shall take one of the
following actions in accordance with these regulations:
(A) Lay off the incumbent if the incumbent
has permanent status;
(B)
terminate the incumbent if the incumbent has probationary status; or
(C) appoint the incumbent to a different
position on the basis of a promotion, transfer, or voluntary demotion.
(g)
Different qualifications may be established by the director for those positions
in a class that are subject to federal laws and regulations.
(h) This regulation shall be effective on and
after June 5, 2005.
Notes
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