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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2018

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19 DE Admin. Code 3001
Pursuant to 29 Del.C. §5914 and 29 Del.C. §10113(b)(5), the Merit Employee Relations Board adopts the attached amendments to its existing regulations (Merit Rules of the State of Delaware) to make such regulations consistent with changes enacted to the Merit System of Personnel Administration, Chapter 59 of Title 29 of the Delaware Code.
It is hereby ordered, this 1st day of February, 2018, by a quorum of the Merit Employee Relations Board, that the attached amendments to the above-referenced Merit Rules of the State of Delaware are adopted pursuant to 29 Del.C. §10113 and effective immediately.
1.1 Pursuant to 29 Del.C. Ch. 59, these rules apply to initial probationary, Merit and limited term employees, except as otherwise specified, and shall continue in effect until such time as they are amended or modified by the Merit Employee Relations Board ("Board;) or are amended, modified or superseded by amendment to 29 Del.C. Ch. 59.
1.3 If a subject is covered in whole or in part by a collective bargaining agreement, 29 Del.C. §5938(d) provides that the Merit Rules shall not apply to such subject matters. These Rules govern in matters of: classification, uniform pay and benefits, examination, rejection of candidates, appointment, paid leave, promotional requirements and standards, and veteran's or resident's preference. Collective bargaining agreements may govern matters of bargaining unit-specific pay and benefits, probation, emergency employment, transfer and promotional selection processes, reinstatement, performance records, layoff, fines, discipline up to and including dismissal, grievances, work schedules and working conditions.
1.5 The Director of State Personnel ("Director") Secretary of the Department of Human Resources ("DHR Secretary ") may issue Rule interpretation and application guidelines consistent with these Rules. The Director DHR Secretary is authorized to establish committees to make recommendations about Human Resources issues.
“Adjusted Service Date”: total length of employment in State of Delaware positions used to calculate vacation accrual rates. The Director DHR Secretary shall establish procedures for calculating this time.
“Agency”: any board, department, elected office or commission which receives an appropriation in accordance with 29 Del.C. Ch. 59. This definition does not preclude the establishing of exempt positions in organizational units within departments.
“Aggregate Service”: means total length of employment by the State of Delaware, minus breaks in service.
“Appeal”: a request for ruling per specified sections of the Merit Rules to the Director DHR Secretary or the MERB as appropriate.
“Appointing Authority”: the official, or designee, who has the authority to make appointments to, or dismiss employees from, the Merit service. (The appointing authority is the Cabinet Secretary of the department or the agency head of those units which are not a part of a larger agency. Only the Cabinet Secretary or agency head may dismiss employees.
“Bumping”: an employee identified for layoff may displace an employee in the same class grouping at the same or lower paygrade with less Merit service in the defined layoff field. The employee shall meet the minimum qualifications. Neither (a): limited term appointment employees; nor (b): employees whose performance record contains more than one unsatisfactory appraisal within the past 3 years; shall be eligible to exercise bumping rights.
“Career Ladder”: a hierarchy of classes within a class series, established and approved by the Director DHR Secretary, which permits employee movement along a career path without competition upon meeting all promotional standards.
“Casual/Seasonal Employees”: employees serving in positions pursuant to 29 Del.C. §5903(17). Such employees are not covered by the merit rules. Such employees may be covered by collective bargaining agreements and by other State and Federal laws such as the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Family Medical Leave Act, etc.
“Class”: all Merit positions sufficiently similar in duties, responsibilities and qualification requirements to use the same salary range and title. (Example--Civil Engineer I, Office Manager, Forester)
“Classification”: the analysis of the duties and responsibilities of a position and its assignment by the Director DHR Secretary to a class.
Class Series”: a progression of classes in the same line of work reflecting different degrees of responsibility and difficulty of duties. (Example--Management Analyst I, Management Analyst II, Management Analyst III)
“Class Specification”: a written description of the distinguishing characteristics of all positions in a class, including typical duties and responsibilities and minimum qualifications.
“Contractual Employees”: employees providing service through a contractual relationship with the State either directly or via another employing organizing. Contractual employees are not covered by the merit rules.
“Demotion”: the movement of an employee from a position in a class of a higher paygrade to a position in a class of a lower paygrade through a process other than reclassification.
“Director”: the Director of State Personnel, appointed pursuant to 29 Del.C. Ch. 59, or designee.
"DHR Secretary": the Secretary of the Department of Human Resources, appointed pursuant to 29 Del.C. Chapter 59, or designee.
“Disability”: a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of such impairment or being regarded as having such an impairment.
“Domestic partner”: the person with whom the employee's life is interdependent, with whom the employee maintains a committed relationship and with whom the employee shares a mutual residence.
“Employee”: any person holding a position in the Classified Service.
“Essential Functions”: the fundamental job duties of an employment position.
“Examination”: the process by which applicants are evaluated for a position in the Merit System. An examination may consist of, but is not limited to, oral, written or performance tests, or a rating of the candidate's training and experience.
“Exceptional Employment”: Employment of individuals with disabilities through special program such as the Agency Aide or Selective Placement Program.
“FMLA Eligible Employee”: an employee who has at least one year of state service and has been paid for at least 1,250 hours over the 12-month period prior to the first day of the FMLA leave.
“FMLA Leave”: leave taken in accordance with the provisions of the Family and Medical Leave Act of 1993.
“Grievance”: Merit employee's claim that these rules or the Merit system statute has been violated. A grievance may not deal with the content of the Rules or the Merit system statute.
“Hazardous Duty Pay”: uncontrollable circumstances that involve an unusual risk of serious physical injury, impairment to health or death resulting from accidental, negligent or intentional causes for Exposure Levels A & B shall be set in the Budget Act. The following two degrees of exposure are recognized
“Exposure Level A”: Continuing exposure to hazards where the employee's responsibility is to deal with the hazard as a function of assigned duties.
“Exposure Level B”: Proximate exposure to hazards where it is not the employee's stipulated job duty to deal with the hazard, or occasional exposure to hazards where the employee's responsibility is to deal with the hazard as a function of assigned duties.
“Continuing”: frequency of exposure is normally more than 50% of employees? working time.
“Occasional”: frequency of exposure is normally more than 5% but less than 50% of employees' working time.
“Proximate”: the location of employee's work site precludes evacuation as a means of avoiding exposure to serious physical injury, impairment to health or death resulting from accidental, negligent or intentional cause.
“Uncontrollable”: precautions, such as safety and life support equipment, are either impractical to be used continually or are insufficient to assure reasonable safety.
“Hiring List”: the list of finalist candidates eligible to fill a vacant position.
“Hiring Preference”: special placement for 1 year on a Hiring List for a position at the employees’ current paygrade or lower for which the employee meets minimum qualifications. Employees shall be required to pass any written tests if the position is outside their class series. Employees with more than 1 unsatisfactory performance appraisal in the last 3 years shall not be eligible for hiring preference. Hiring preference is granted for one year or until employees are placed in the same class, whichever occurs first.
“Human Resource (HR) Action”: any employment action including, but not limited to the hiring process, discipline, promotion, classification, benefits, employee and labor relations.
“Immediate Family”: the employee's spouse or domestic partner; parent, step-parent or child of the employee, spouse or domestic partner; employee's grandparent or grandchild; employee's sibling; spouse of employee's child; or any minor child for whom the employee has assumed and carried out parental responsibilities.
“Layoff Field”: specific boundaries, such as Department, Division, section, etc., used to determine parameters of bumping.
“Merit Employee”: an employee who has satisfactorily completed the initial probationary period for a classified position.
“Merit Compensatory Time”: for employees in FLSA-covered positions authorized to work a 37.5 hour week means those hours worked between 37.5 and 40 hours per week. For employees in FLSA-covered positions who are authorized to work FLSA approved specialty exemptions, means those hours worked in excess of the employee's regular schedule and less than the FLSA minimum for overtime. For employees in FLSA-exempt positions, means those hours worked beyond the employee's standard work week, either 37.5 or 40 hours.
“Merit Factors”: include, but are not limited to, consideration of training, experience, knowledge, skill, education, conduct, and performance record of applicants or employees in the classified service.
“Merit Service”: length of employment by the State of Delaware in classified position(s) minus breaks in service.
“Merit System Law”: refer to 29 Del.C. Ch. 59.
“Minimum Qualifications”: minimum entry requirements, including selective requirements, which must be met for an individual to be eligible for appointment to a classified position or to take an examination. These requirements typically include minimum levels or types of education, training or experience or completion of specified examinations. The Director DHR Secretary may approve documented equivalencies.
“Night Shift”: a night shift for these purposes shall be a shift which includes four or more hours of work between the hours of 6:00 p.m. and 8:00 a.m. the following day.
“Occupational Series”: a group of related classes requiring similar skills and training.
“Paygrade”: one of the horizontal pay ranges designated on the pay plan consisting of a series of percentage of midpoint columns identifying specific values.
“Pay Range”: means lowest to highest dollar value assigned to a paygrade.
“Preferential requirement”: any education, training and/or experience not specifically indicated in the minimum qualifications that are desirable but not required.
“Probationary Period”: the trial period of employment. Initial probationary period occurs when an employee first enters the Merit service. Promotional-probationary period occurs when a Merit employee is promoted.
“Pro-rata Basis”: a proportional share based on the percent of full-time at which a position is filled, with a 100% share being the maximum allowable share. A 100% share of a day is 7.5 hours or 8 hours. The calculation of leave shall be rounded up to the nearest quarter hour.
“Reassignment”: Any movement within the same budgeted position within the same county.
“Register”: a list of qualified candidates ranked by score or alphabetically (where there are less than 15 qualified applicants) to fill vacant positions in a particular class.
“Reinstatement”: the rehiring of an individual into the same class within a 2-year period from which the individual left the position in good standing.
“Rotating Shift”: a change in a work schedule 1.) for at least 2 days in a work week which includes 4 or more hours of work daily, 2.) or that involves different schedules with no more than 30 continuous days on a shift which does not qualify as night shift per 4.15.1.
“Selective Market Variation (SMV)”: Selective Market Variation (SMV) is a process used to increase the salary range for job classifications where severe market competition makes it difficult for the State to recruit and retain qualified employees.
“Selective Requirement”: any education, training and/or experience not specifically indicated in the minimum qualifications of a class specification that are required as they are considered job related and essential for effective performance in a specific position at time of hire.
“Seniority”: total length of employment in Classified positions by the State of Delaware. This time shall be adjusted whenever an unpaid leave of absence exceeds 30 calendar days, except in the case of military leave granted in accordance with 5.5.1.
“Shift Differential Pay”: for working inconvenient hours and schedules as authorized at the agency's discretion and described below:
“Night Shift”: a shift which includes four or more hours of work between the hours of 6:00 p.m. and 8:00 a.m. the following day.
“Rotating Shift”: a change in a work schedule 1.) for at least two days in a work week which includes 4 or more hours of work daily, or 2.) that involves different schedules with no more than 30 days on a shift which does not qualify as night shift per 4.16.1.
“Split Shift”: any shift which is broken into two parts with two or more hours between the parts. Employees authorized and required by agencies to work split shifts shall receive supplemental pay for the entire shift equal to 5% of their paygrade midpoint.
“Supervisor”: a person in a position who, on a regular and continuing basis, plans, assigns, reviews, disciplines, recommends hire, termination and promotion and completes and approves performance plans of two or more classified employees excluding casual, seasonal, and contractual employees.
“Transfer”: Any movement between positions in the same pay grade as long as the employee meets the minimum qualifications.
“Underfill”: Filling a position in a lower pay grade than the position is authorized.
“Veteran”: those individuals who have been honorably separated from the Armed Forces after one of the following events:
4.1 The Director DHR Secretary shall establish and maintain a method of classifying and reviewing all positions. Positions substantially alike in duties and responsibilities and requiring essentially the same knowledge skills and abilities shall be grouped into the same class and pay grade.
4.3.3 When a position is reclassified into a Career Ladder, placement of the position incumbent is based on promotional standards approved by the Director DHR Secretary. Movement from one level to another within Approved Career Ladders is a promotion, not a reclassification.
5.1 Uniform pay schedules based on current legislation will be issued by the Director DHR Secretary. Each position classification shall have assigned to it a paygrade for pay purposes. The pay of employees occupying positions in the Classified Service shall follow the published rates set for the assigned paygrades.
5.4.2 Agencies may approve a starting rate up to 85% of midpoint where applicants' qualifications are clearly over and above those required as minimum by the class specification. Upon agency request, the Director DHR Secretary may approve a starting rate higher than the 85th percentile if supported by documentation of the applicant's qualifications.
5.4.3 Upon agency request, the Director DHR Secretary may approve a starting rate above the minimum for the paygrade where a critical shortage of applicants exists. The Director, Budget Director DHR Secretary and Controller General may provide that all lower paid, equally qualified employees in the same class within the same geographic area receiving a lower rate shall also have their pay rates set as stated above if their performance is satisfactory.
5.6 Promotion. Upon promotion, employees shall receive either the minimum salary of the higher pay grade or an increase of 5%, whichever is greater. Agencies may grant a greater increase not to exceed the 85th percentile under the criteria in 5.4.2. The Director DHR Secretary may approve a greater increase that exceeds the 85th percentile under the criteria in 5.4.2.
5.7 Demotion. The rate of pay for employees demoted for reasons other than just cause shall be recommended by the agency for the Director's DHR Secretary’s approval. The rate of pay for employees demoted for just cause shall be set by the agency within the pay range of the lower paygrade.
5.10 Pay Rate On Return from Exempt Position. Employees who return from leaves of absence in non-classified positions described in 29 Del.C. §5903 (4), (5), (6) and (22) shall receive at least the rate of pay which they would have otherwise received but for such leave of absence. If they return via competition to a position in a higher paygrade than the former Merit position, the provisions of 4.6 shall apply based on their former rate of pay.
5.13.7 Merit compensatory time shall be used within 180 calendar days of accrual or be forfeited. Under extenuating circumstances, the Director DHR Secretary may approve exceptions to this rule. FLSA compensatory time may be accrued up to 240 hours of compensatory time-off unless the employee is engaged in work in a public safety activity, an emergency response activity, or a seasonal activity in which case the employee may accrue not more than 480 hours of compensatory time-off. Hours in excess of the 240 hours FLSA maximum shall be paid overtime.
5.13.8 Agencies may request the Director DHR Secretary review the prevailing overtime rates for one or more FLSA exempted classes where external market pressures including excessive turnover rates, recruitment problems and high vacancy rates necessitate that such employees be paid at the rate of 1.5 times the regular rate of pay for any authorized overtime service.
5.15.6 An agency may request that the Director DHR Secretary review the prevailing shift differential rates for one or more classes where external market pressures including excessive turnover rates, recruitment problems and high vacancy rates necessitate that such employees receive shift differential payments which exceed the amounts provided for in 5.15.2.
5.16.2 Social workers providing direct child or adult protective services and the State Emergency Response Team approved by the State Personnel and Budget Directors DHR Secretary shall be eligible for call-back pay.
5.17.1 FLSA-covered employees assigned to critical public service approved by the Director DHR Secretary, and authorized by agencies to be on-call regularly for emergency services for an average of 64 off-duty hours or more per week, shall receive stand-by pay equal to 5% of their paygrade midpoint while so assigned. Such increased pay shall continue during absences only for paid holidays and sick leave of five successive work days or less occurring during the period of assignment. Any call-back work required during on-call periods shall also be compensated in accordance with 4.16.
5.17.2 Social workers providing direct child or adult protective services and the State Emergency Response Team approved by the State Personnel and Budget Directors DHR Secretary shall be eligible for stand-by pay.
5.18.1 Determination as to the positions eligible for hazardous duty pay shall be requested by agencies for the Director’s DHR Secretary’s approval. The agency shall notify the Director DHR Secretary when a substantive change occurs in the duties or work conditions of any position receiving hazardous duty pay shall be set by the State Budget Act.
5.19 Supervisory Pay. Subject to the approval of the Director DHR Secretary, the Secretary of the Department of Health & Social Services (DHSS) may grant supplemental pay equal to 5% of the employee's paygrade midpoint to registered nurses employed in DHSS institutions or facilities who are designated as charge nurses or team leaders and are permanently assigned such responsibilities in addition to their regular staff nurse duties. Charge Nurse/Public Health Nurse team leader responsibilities include the daily supervision and coordination of nursing or other patient care activities in a unit, ward, floor, clinic or field setting during a specified shift to ensure quality patient care and continuity of care with other shifts. This supplemental pay is not authorized for employees required to perform charge nurse/team leader functions on a temporary basis consistent with Merit Rule 3.2.
6.2.3 Accrual continues during absence from work on a legal holiday; on paid leave; on unpaid leave of 30 days or less; and while receiving a salary supplement pursuant to 29 Del.C. §5933 (workers'). Accrual is credited to the employee leave account on the first day of the month following accrual. Accrual shall be on a pro-rata basis.
6.2.4 Annual leave credit carried into a new calendar year may not exceed 318 hours (37.5 hours schedule) or 336 hours (40 hour schedule). Agencies may request approval from the Director DHR Secretary to carry over annual leave in excess of the maximum amount. Upon separation only, employees shall be paid for their accumulated annual leave at their current amount, excluding all supplemental and premium pays.
6.3.3 Accrual continues during absence from work on a legal holiday; on paid leave; on unpaid leave of 30 days or less and while receiving a salary supplement pursuant to 29 Del.C. §5933 (workers'). Accrual is credited to employee leave accounts on the first day of the month following accrual. Accrual shall be pro-rated.
6.5.3.5 As part of a recognition program approved by the Director DHR Secretary, not to exceed 7.5 hours (37.5 hour weekly schedule) or 8 hours (40 hour weekly schedule) per award. Such leave must be used within 1 year of being awarded and is not subject to cash payments.
6.8 Educational Leave and Assistance. Agencies may approve educational leave without pay. Upon agency request, the Director DHR Secretary may approve leave with pay. The purpose of such leave is to permit employees to pursue education or training directly related to State employment which is not available through in-service training.
6.9 The Director DHR Secretary may grant an agency requesting an extended leave of absence to a Classified employee to serve in any nonclassified position described in 29 Del.C. §§5903 (4), (5), (6) and (22). At the end of that appointment, employees shall be returned within 60 days to a position for which they are qualified in the Classified Service, provided that the position is the same paygrade or lower as the position from which they left the Classified Service. They may also return to the Classified Service via the competitive process, in which case they would be considered an in-house candidate for the agency from which they originally received their leave of absence. Pay upon return to the Classified Service is set forth in 5.10.
Note: When making public announcements of vacant positions, the appointing authority shall announce vacancies in the classified service at least fifteen calendar (l5) days before the closing date for receipt of applications. Examination notices shall be given as wide a distribution as the appointing authority determines necessary, in the classified service, in the press, on radio and television and through contact with professional associations, union organizations, civic groups, educational institutions and neighborhood groups. Examination announcements and notices shall contain all pertinent information about the positions being filled.
7.3 Applications for Employment. Applications shall be made on a standard form approved by the Director DHR Secretary. Such form shall require information concerning the applicant's past employment, education, training and other pertinent qualifications.
7.4.4 The applicant has failed to comply with the Military Selective Service Act, 50 U.S.C.A. Sections 451-73 et. seq.
8.6 Examination Records. The Director DHR Secretary or the appointing authority, as applicable, shall be responsible for the maintenance of all records pertinent to the examination process and program. Applications and other necessary examination records shall be kept for one year while the applicant is on the register and at least one year thereafter. If an appeal is filed, examination records must be maintained for the length of the appeal process. All notices of changes of address shall be filed by eligibles with the appointing authority.
8.7.1 Inspection of examination papers shall be permitted only during regular business hours and in accordance with procedures established by the Director DHR Secretary. The Director DHR Secretary will determine what examination papers may be inspected, taking into account such factors as test security, privacy, retesting procedures, and any other pertinent information.
8.7.2 Any error in computation or failure to apply uniform rating procedures, if called to the attention of the Director DHR Secretary or appointing authority, as appropriate, within ten (10) calendar days after the date on which official notification results of such rating was mailed, shall be corrected.
8.8 Appeal After Examination. Applicants who have taken an examination or been rated by training and experience may appeal to the Director DHR Secretary for review of their rating in any part of such examination to assure that uniform and appropriate procedures have been applied fairly. Such appeal must be mailed to the Director DHR Secretary within ten (l0) calendar days after the date on which notification of such rating was mailed. The decision of the Director DHR Secretary shall be final.
8.9 Kinds of Registers. The Director DHR Secretary shall provide for the establishment and maintenance of such registers as are necessary for filling positions in the classified service.
8.10.1 For this purpose, registers shall be used for classes for which the Director DHR Secretary or appointing authority, as appropriate, has determined that the minimum qualifications and examinations are similar to, the existing vacancy.
9.2.4 Eligibility lists must be rank ordered in accordance with procedures outlined by the Director DHR Secretary. In those circumstances where there are no ranking procedures in place and the number of qualified candidates is equal to or fewer than the maximum number to be certified, names may be certified in alphabetical order. In those instances, the appointing authority must be informed that the list is in alphabetical order.
10.4 Merit employees serving a probationary period after promotion who fail to satisfactorily complete the probationary period, may be placed by agencies internally without loss of benefits or agencies may notify the Director DHR Secretary who shall decide the matter. If available, the employee may be returned to his/her former position and salary without any loss of benefits.
11.3 Exceptional Appointment. The Director DHR Secretary shall establish procedures for exceptional employment, which shall occur without competitive examination or a Hiring List. Exceptional appointees shall successfully complete a trial work period, or pass a competitive examination, before being considered for Merit or probationary employment in the Classified Service.
11.7.2 A position may be underfilled at any level in a Career Ladder in accordance with criteria approved by the Director DHR Secretary. The position incumbent may be promoted through the Career Ladder based on the promotional standards.
11.8 Dual Incumbency. With the approval of the Director and the Budget Director DHR Secretary, employees may temporarily occupy the same position as a paid primary incumbent.
11.9 To resolve litigation issues, grievances, or disputes between agencies about the placement of employees, the Director 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.
12.2 The Director DHR Secretary shall determine the boundaries of the layoff field.
13.1 Employees shall be held accountable for their conduct. Disciplinary measures up to and including dismissal shall be taken only for just cause. "Just cause" means that management has sufficient reasons for imposing accountability. Just cause requires: showing that the employee has committed the charged offense; offering specified due process rights specified in this chapter; and imposing a penalty appropriate to the circumstances.
13.9 Employees who have been dismissed, demoted or suspended may file an appeal directly with the Director DHR Secretary or the MERB within 30 days of such action. Alternatively, such employees may simultaneously file directly with the Director DHR Secretary, who must hear the appeal within 30 days. If the employee is not satisfied with the outcome at the Director’s DHR Secretary’s level, then the appeal shall continue at the MERB.
14.1 Purpose of Performance Review. The Director DHR Secretary shall provide for systematic performance review to communicate expectations and responsibilities, recognize achievement, and identify areas for skill development and work performance improvement.
15.1 Employee Development. The Director DHR Secretary shall encourage and assist the appointing authorities to initiate and develop programs to improve the work effectiveness and morale of the State's employees, including training, safety, health, welfare, recreation, counseling and employee and labor relations.
15.2 Employee Communications. The Director DHR Secretary is authorized to publish an employee newspaper, an employee handbook, websites and such other publications as deemed appropriate.
16.3 Political Activity. In accordance with 29 Del.C. §5954, no employee in the classified service shall engage in the following activities:
16.3.4 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 Director 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.
17.1 Master Personnel Records. A master personnel record for each employee shall be established and maintained by each agency. The records shall include copies of: application for employment; each Human Resource transaction; attendance and leave records; employee Performance Review documents; grievance records; verification of education and employment and any other records or information considered appropriate. At the discretion of the Director DHR Secretary, these records may be either physical (hard) copies or computer-stored data. Personnel records are confidential and shall be maintained as necessary to ensure their confidentiality. These and other employee records shall be readily available for review by the Director DHR Secretary or the Director’s DHR Secretary’s designee. Unauthorized disclosure of any portion of a State employee’s records shall be grounds for dismissal.
18.3 Audit. The Director DHR Secretary shall conduct such audits of State payrolls and such other investigations as deemed necessary to assure compliance with Delaware Code.
18.3.3 If the Director DHR Secretary wrongfully withholds certification of the payroll account of any employee, such employee may take court action to compel the Director DHR Secretary to certify such payroll.
19.2 A "grievance" means an employee complaint about the application of the Rules or the Merit System law (29 Del.C. Ch. 59), which remains unresolved after informal efforts at resolution have been attempted. A grievance shall not deal with the substantive policies embodied in the Merit System law.
19.8 Step 3: Any appeal shall be filed in writing to the State Personnel Director DHR Secretary within 14 calendar days of receipt of the Step 2 reply. This appeal shall include copies of the written grievance and responses from the previous steps. The parties and the Director DHR Secretary (or designee) may agree to meet and attempt an informal resolution of the grievance, and/or the Director DHR Secretary (or designee) shall hear the grievance and issue a written decision with 45 calendar days of the appeal’s receipt. The Step 3 decision is final and binding upon agency management.
Last Updated: December 31 1969 19:00:00.
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