Merit Employee Relations Board

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

State Merit Rules Chapter 15

15.0 Employee Responsibilities

15.1 Attendance. Appointing authorities shall be responsible for the attendance of all employees in their agency. No employee shall be paid unless he/she is at work in accordance with these rules and departmental or agency rules or he/she is on authorized paid leave.

  • 15.1.1 Every employee is required to report to work on time each day. When because of emergency or sudden illness employees cannot report for work, they shall notify their supervisor within the first hour of absence, or as soon as practical thereafter, giving reason for their absence.

15.2 Outside Employment and Pecuniary Interests

  • 15.2.1 An employee in the classified service shall not engage in any outside employment or other outside activity incompatible with the proper discharge of the responsibilities of his or her position. It shall be deemed incompatible with such discharge of responsibilities for an employee to accept any fee, compensation, gift, payment of expenses or any other thing of monetary value under circumstances in which acceptance may result in a conflict with his/her public duties.
  • 15.2.2 An employee in the classified service shall not have a personal interest in any business transaction within his area of influence in State Government nor shall he/she have any private business relationship that may conflict with his/her public duties. This restriction shall not prohibit, however:
  • 15.2.3 Ownership of corporate stocks and bonds bought and sold on the public market.
  • 15.2.4 Receipt of bona fide reimbursement for actual travel expense and other necessary subsistence for which government payment or reimbursement is made.
  • 15.2.5 Participation in the affairs of charitable, religious, non-profit education, public service or civic organizations, or the activities of national or state political parties not prohibited in 15.3.
  • 15.2.6 Awards for meritorious public contributions given by public service or civic organizations.

15.3 Political Activity. In accordance with 29 Del.C. ยง5954, no employee in the classified service shall engage in the following activities:

  • 15.3.1 “No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration.”
  • 15.3.2 “No employee in the classified service shall engage in any political activity or solicit any political contribution, assessment or subscription during his hours of employment or while engaged in the business of the State.”
  • 15.3.3 “No person shall induce, directly or indirectly, any employee in the classified service to make any contribution, assessment or subscription to a political party under the representation, actual or implied, that such assessment, subscription or contribution will have any effect on the employee’s employment with the State.”
  • 15.3.4 Any officer or employee in the classified service who violates any of the provisions of this section shall forfeit his office or position, and for one (1) year shall be ineligible for any office or position in the State service. The DHR Secretary shall investigate any signed written charge that this section on political activity has been violated and shall take whatever steps are necessary to insure compliance with the above.
  • 15.3.5 Employees in Federally funded programs subject to I.M.S.S. are further restricted in political activity according to provisions of the Hatch Act.

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