006-2 Wyo. Code R. §§ 2-9 - Types of Appointment

(a) Probationary Appointment. The appointment of a candidate in a civil service position who shall serve a three hundred and sixty-five (365) day probationary period:

(i) An individual given a probationary appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time during the probationary period;

(ii) Time served as an intern, emergency employee, temporary employee, or intermittent employee shall not count towards the probationary period;

(iii) Leave without pay and/or time received from donated sick leave shall not count towards the probationary period.

(b) Permanent Appointment. The appointment of an individual who has completed the probationary period:

(i) Permanent appointment shall be effective on the next day following completion of the three hundred and sixty-five (365) day probationary period.

(c) Appointment by Reinstatement. A permanent employee, separated from service due to a reduction in force, shall have reinstatement rights for a period of twenty-four (24) months to include employment status, leave accrual rates, longevity benefits and continuous service credits held at the time of separation:

(i) A permanent employee who separated from service due to a reduction in force shall have a right to decline offers of appointment without forfeiture of reinstatement rights when:

(A) The geographical area of the position vacancy is different from that at the time of separation;

(B) The position funding is temporary or time-limited;

(C) The classification is different from that at the time of separation; or

(D) The division is different from that at the time of the separation.

(d) At-Will Appointment. The appointment of a candidate to a position in a non-civil service position:

(i) An individual given at-will appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.

(e) At-Will Contract Appointment:

(i) At-will contract appointment shall require a signed written contract agreement and shall be in accordance with W.S. 9-2-1022(a)(xi)(F);

(ii) An individual appointed as an at-will contract employee is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason;

(iii) No work shall be performed by an individual until the contract has been approved in writing and signatures obtained by all parties to the contract including the Human Resources Division and the Attorney General;

(A) Salary and/or rates of pay shall be comparable to similar jobs in state government and shall not include adjustments for any type of benefit including leave, insurance premium, or retirement contribution;

(iv) Appointment as an at-will contract employee shall not count towards continuous state service for purposes of longevity payments;

(v) No at-will contract employee shall be eligible for or accrue any type of leave.

(f) Temporary Appointment. Temporary appointment shall not continue for more than nine (9) months without prior written approval of the Human Resources Division:

(i) Temporary appointment may be made to a position:

(A) Held by another employee who is on educational leave or other extended leave;

(B) Which is seasonal and or time-limited for a period of less than nine (9) months;

(ii) No individual shall receive successive temporary appointment into the same classification within an agency during any twelve (12) month period;

(iii) An individual given temporary appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.

(g) Intermittent Appointment. The employment of a candidate to perform work in a classification for varying time intervals, which shall not exceed nine (9) months full-time equivalent service:

(i) An individual given intermittent appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.

(h) Emergency Appointment. When an emergency threatening public health, safety or welfare exists requiring the immediate employment of additional workers, emergency appointment may be utilized with prior verbal approval of the Human Resources Division, except for emergencies occurring at night, or on weekends or holidays, in which case such emergency appointment shall be reported to the Human Resources Division on the following work day:

(i) Emergency appointment shall not exceed thirty (30) days;

(ii) Persons given emergency appointment shall submit application forms to the Human Resources Division as soon as practical;

(iii) An individual given emergency appointment is an at-will employee who has no expectation of continued employment and may be dismissed at any time without cause or reason.

(i) Appointment of Interns:

(i) All interns shall require justification and prior written approval of the Human Resources Division Administrator or designee;

(ii) An agency may offer an internship as on-the-job training for a limited period of time provided the following;

(A) The internship, even though it includes actual operation of the agency, is similar to training which would be given in an educational environment;

(B) The internship is for the benefit of the intern;

(C) The intern shall not displace regular employees, but works under close supervision of existing staff;

(D) The agency that provides the training receives no immediate advantage from the activities; and on occasion the operations may be impeded; and

(E) The intern in not necessarily entitled to a job at the conclusion of the internship unless they are in the candidate group of an active recruitment.

(j) Volunteer:

(i) All volunteer opportunities shall require justification and prior written approval of the Human Resources Division Administrator or designee;

(ii) Volunteers shall not displace regular employees;

(iii) State employees shall not volunteer additional time to do work.

(k) Promotional Appointment. The appointment of an employee to a different position in a different classification having a higher grade than the employees current classification.

(l) Reassignment:

(i) Voluntary Reassignment. The reassignment of an employee seeking appointment to a position in a different classification having the same or lower grade than the employees current classification;

(A) Voluntary Reassignments shall be from among applicants in the candidate group;

(ii) Involuntary Reassignment;

(A) An agency head shall consult with the Attorney Generals Office and the Human Resources Division prior to involuntarily reassigning a permanent or probationary employee to a different position in a different classification having the same or lower grade than the employees current classification because of a reduction in force, unsatisfactory work performance or other demonstrated reason affecting the accomplishment of program goals;

(B) Prior to a reduction in force, involuntary reassignment may be between agencies if both agency heads agree;

(C) Involuntary reassignments shall require the employee meets the minimum requirements for the new classification;

(D) Involuntary reassignments of an employee may have the requirement to conduct an active recruitment waived with prior written approval of the Human Resources Division;

(iii) Lateral Reassignment. The reassignment of an employee to a vacant position within the same classification as the employees current position;

(A) A lateral reassignment of an employee to a vacant position within the same agency may have the requirement to conduct an active recruitment waived with prior written approval of the Human Resources Division;

(iv) Interim Assignment. The reassignment of an employee on an interim basis to a different position in a higher grade than the employees current position;

(A) An agency head shall provide written notification to the Human Resources Division prior to providing an interim assignment to an existing agency employee;

(B) Interim assignment shall not exceed twelve (12) months;

(C) The same position shall not be filled by successive interim assignments by the same individual without the prior written approval of the Human Resources Administrator.

Notes

006-2 Wyo. Code R. §§ 2-9

Adopted, Eff. 1/28/2015.