1. A. “Covered employee” means a full-time or part-time employee occupying a part or all of an established full-time equivalent (FTE) position who has completed the probationary period and has a “meets” (or equivalent) or higher overall rating on the employee’s performance evaluation and who has grievance rights. Instructional personnel are covered upon the completion of one academic year except for faculty at State technical colleges of not more than two full academic years’ duration. If an employee does not receive an evaluation before the performance review date, the employee must be considered to have performed in a satisfactory manner and be a covered employee. This definition does not include employees in positions such as temporary, temporary grant, time-limited, or research grant employees who do not have grievance rights and employees exempt from the State Employee Grievance Procedure Act.
2. B. Throughout the grievance and appeal process, each covered employee may be represented and advised by counsel or other representative or be self-represented as provided by Section 8-17-330 of the South Carolina Code of Laws. If covered employees elect to exercise the right of counsel, it shall be at the employee’s expense.
3. C. The Act exempts certain employees from its provisions as noted in Section 8-17-370 of the South Carolina Code of Laws.

HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume 40, Issue No. 10, eff October 28, 2016; SCSR 48-9, eff September 27, 2024.