SECTION 3.50 STATUS OF INCUMBENTS

Last Update: 9/03

The status of a position incumbent when a position is reclassified varies depending upon the change and the conditions involved. Status refers to the incumbent employee's ability to remain in the position and under what conditions.

Position Change

If the position is covered by merit system provisions, the employee is not required to meet the minimum qualifications for the new class due to:

· the gradual evolution in job duty changes

· the correction of a classification error

· legislative action

· a class or series revision

· other external forces clearly outside the control of the appointing authority

If the reclassification is for any other reasons, including voluntary or disciplinary demotion, the employee will be required to meet the minimum qualifications for the new class. This includes downward reclassifications resulting from classification appeal committee decisions.

In all instances of reclassification, the employee must meet any requirements for:

· registration

· licensure

· certification

· keyboard testing

Merit System Coverage

An employee's position may not be changed from merit system covered to non-merit covered without the written consent of the employee. A copy of the written consent must be submitted to DAS-HRE. If an employee does not consent to the change in coverage, a reduction in force may be initiated.

Probationary Employees

If an employee's position is covered by merit system provisions and it is reclassified for any reason during the period of probationary status, the employee must meet the minimum qualifications for the new position. The total required period of probationary status shall include the probationary time spent in the previous class.