Merit Employee Relations Board

Providing timely disposition of Merit employee grievance and maintenance review classification appeals.

State Merit Rules Chapter 10

10.0 Other Appointments

10.1 Limited Term Appointment. Limited term appointments are permitted when a Merit vacancy exists that is not of a continuing nature, but is projected to exceed 90 days. Such vacancies may be filled for a period of up to 1 year. The DHR Secretary may approve a longer time period. Established selection procedures shall be followed for filling the vacancy.

  • 10.1.1 Merit employees who accept limited term appointments shall be placed in a vacant position comparable to their former class in the present agency at the end of the limited term appointment. If agencies demonstrate that no comparable vacant position exists, employees shall be given hiring preference.
  • 10.1.2 The period of temporary service in a Classified position immediately prior to a probationary appointment to the same class shall constitute a part of or all of the required probationary period if performance has been evaluated on the same basis as is required in 9.2 for the probationary period.

10.2 Emergency Appointment. When there is immediate need to prevent stoppage of public business or serious impairment to the public service, and it is not possible to secure such persons from appropriate competitive recruitment, agencies may make emergency appointments. Such appointments shall not exceed 30 days.

10.3 Exceptional Appointment. The DHR Secretary shall establish procedures for exceptional employment, which shall occur without competitive recruitment or a Referral List. Exceptional appointees shall successfully complete a trial work period, or pass a screening process, before being considered for Merit or probationary employment in the Classified Service.

10.4 Promotion. Candidates selected for promotion shall meet the position’s job requirements. Vacancies shall be filled by promotion wherever practical and in the best interest of the classified service. Consideration shall be given to qualifications, performance record, seniority, conduct and, where applicable, the results of the screening and ranking process.

10.5 Demotion. Employees may be placed in a position in a lower paygrade upon voluntarily requesting such action, when subject to layoff, or for just cause, if they meet the job requirements for the lower paygrade position. When agencies agree to employee requests for voluntary demotions, theDepartment of Human Resources may waive job-posting requirements upon written request by the agencies, which justify such action.

10.6 Transfer. To promote the efficiency of the service, unrelated to employee performance, employees may be transferred to another position for which they meet job requirements in the same paygrade within the same agency with or without competition.

  • 10.6.1 Upon mutual consent between agencies and employees, employees may be transferred from one position to another position in the same paygrade for which they meet job requirements without competition.

10.7 Underfill

  • 10.7.1 Temporary underfilling is permitted for operational necessity, demotion or other valid reasons with the approval of the DHR Secretary.
  • 10.7.2 A position may be underfilled at any level in a Career Ladder in accordance with criteria approved by the DHR Secretary. The position incumbent may be promoted through the Career Ladder based on the promotional standards.

10.8 Dual Incumbency. With the approval of the DHR Secretary, employees may temporarily occupy the same position as a paid primary incumbent.

10.9 To resolve litigation issues, grievances, or disputes between agencies about the placement of employees, the DHR Secretary may move employees from one position to another position for which they qualify in the same or lower paygrade within the Merit System without competition.

10.10 Agencies shall make every effort, based on organizational needs, to place temporarily disabled employees in alternate duty assignments, subject to medical restrictions, for a period of 90 days. Extensions may be granted contingent upon expectations of employees’ release to full duty within a time frame that meets agencies’ operational needs. Such requests for extensions shall not be unreasonably denied.


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