1. (a) If an appointing authority determines that the agency has an operational need to alter the basic work period established under Per 1201.01 for any position, the appointing authority shall request a deviation from the established basic work period by submitting a written request to the director and to the manager of employee relations.

2. (b) A request to deviate from the basic work period shall include:

   1. (1) A narrative justification for the request that specifies:

      1. a. The duties and responsibilities of the position and an explanation of why the position is distinguishable from other positions with the same job title or similarly situated positions within the agency operating under the established work period;
      2. b. The duties and responsibilities of any positions supervised by the position for which the deviation is sought;
      3. c. Why alternative mechanisms, including but not limited to any of the following, are insufficient to satisfy the agency’s operational needs:

      4. i. Authorizing an employee in the position to work hours in excess of the basic work period, in accordance with Per 900; or

         ii. Reclassifying the position to a job title with the requested basic work period;

   2. (2) A SJD for the position for which the deviation is sought;
   3. (3) A SJD for any positions supervised by the position for which the deviation is sought;
   4. (4) An agency organizational chart showing the position for which the deviation is sought and any other positions in the agency within the same job title; and

   5. (5) If the appointing authority asserts as justification for the request prior deviations for identical positions within the job title or similarly situated positions within the agency:

      1. a. Documentation of any prior requests for deviations submitted to the division; and
      2. b. Documentation of any approvals previously issued by the director or the manager of employee relations in response to those requests.

3. (c) The director shall approve deviations from the assigned basic work period under Per 1201.01(a) or (b) for reasons including, but not limited to:

   1. (1) A supervisory position with a shorter work period than the supervisor’s subordinate employees;
   2. (2) Exigent work and needs of the agency;
   3. (3) Changes in the agency’s business hours or hours of operation;
   4. (4) Weather events or similar emergencies;
   5. (5) Seasonal operating hours; or
   6. (6) Consistency of working hours for all workers within a section or bureau.

4. (d) No approval to alter an established basic work period shall be approved unless the director, in consultation with the manager of employee relations determines that:

   1. (1) The operational needs of the agency cannot be met by authorizing an employee in the position to work hours in excess of the basic work period;
   2. (2) The operational needs of the agency cannot be met by reclassifying the position to a job title with the requested basic work period;
   3. (3) The request is not being sought for purpose of circumventing the basic weekly compensation and leave accrual rates associated with the established basic work period of the position; and
   4. (4) Approval of the request can be granted without causing a disruption to the classified structure within the agency or statewide.
5. (e) Previously granted deviations, in the absence of documentation of adequate justification, shall not constitute a sufficient basis for approval of a request to deviate from an established basic work period.
6. (f) If the director, in consultation with the manager of employee relations, determines that the appointing authority has presented sufficient basis for the request and has satisfied the requirements in (d), above, the director shall issue a written decision approving the request and setting forth any conditions or limitations, including but not limited to the conditions specified in (g) below.

7. (g) Any approvals issued by the director, in consultation with the manager of employee relations, shall be subject to the following conditions, as well as any additional conditions deemed necessary:

   1. (1) The default basic work period for the position shall remain unchanged, but the terms and conditions of the new basic work period shall apply for the duration of the approval only, unless extended as set forth in this section;

   2. (2) Subject to (3), below, an approved deviation shall be terminated:

      1. a. After 2 years, or any shorter period specified by the director in the approval;
      2. b. Upon a vacancy in the position; or
      3. c. Upon any change in circumstances upon which the approved deviation is based; and
   3. (3) Upon the occurrence of any of the circumstances specified in (2), above, the director shall continue an approved deviation upon submission of a statement from the appointing authority, with supporting documentation, that a sufficient basis to continue the deviation still exists.
8. (h) For the duration of the approval, the position shall be subject to the wage schedule associated with the approved basic work period.
9. (i) If the director, in consultation with the manager of employee relations, determines that the appointing authority has failed to provide a sufficient basis to approve the requested deviation or has failed to satisfy the requirements of (c), above, the director shall issue a written decision explaining the reasons for the denial.

10. (j) If the requested deviation from the basic work week would also result in a different wage schedule, then it shall not be approved if:

    1. (1) The current position has been assigned to a particular wage schedule through collective bargaining or the positions associated with the proposed wage schedule were assigned to that wage schedule through collective bargaining; or
    2. (2) The director, in consultation with the manager of employee relations, determines that the request is being sought for purpose of circumventing the basic weekly compensation and leave accrual rates associated with the established basic work period of the position.

Source. #14436, eff 12-1-25, EXPIRES: 12-1-35