1. A. Grievable adverse actions shall include:

   1. 1. Terminations;
   2. 2. Suspensions;
   3. 3. Involuntary reassignments in excessive of thirty (30) miles from the prior work station; NOTE: The reassignment of an employee by an agency in excess of thirty (30) miles from the prior work station to the nearest facility with an available position having the same State salary range for which the employee is qualified is not considered an involuntary reassignment.
   4. 4. Demotions;
   5. 5. Punitive reclassifications where the agency, in the case of a grievance, or the State Resources Director, in the case of an appeal, determines that there is a material issue of fact that the action was solely done to penalize the covered employee. However, reclassifications, reassignments, and transfers within the same state salary range are not considered to be grievable or appealable;
   6. 6. Promotions, in instances where the agency, or in the case of appeals, the State Human Resources Director, determines that there is a material issue of fact as to whether or not an agency has considered a qualified covered employee for a position for which the employee formally applied or would have applied if the employee had known of the promotional opportunity. When an agency promotes an employee one organizational level above the promoted employee’s former level, however, that action is not a grievance or appeal for any other covered employee. Failure to be selected for a promotion is not considered an adverse employment action which can be considered grievable or appealable;
   7. 7. Salary decreases based on performance as the result of an Employee Performance Management System (EPMS) evaluation; and
   8. 8. Reduction in Force but only if the agency, or as an appeal if the State Human Resources Director, determines that there is a material issue of fact that the agency inconsistently or improperly applied its reduction in force policy or plan.
2. B. A covered employee must initiate a grievance in writing internally with the agency within 14 calendar days of the effective date of the employment action or 14 calendar days from when the employee is notified of the action, whichever is later in accordance with the agency’s grievance policy.

3. C. The following are some examples of employment actions that do not constitute a basis for a grievance or an appeal:

   1. 1. A covered employee who voluntarily resigns or voluntarily accepts a demotion, reclassification, transfer, reassignment, or salary decrease shall waive any and all rights to file a grievance or an appeal concerning such actions and the covered employee can rescind such voluntary actions only if the agency head or the agency head’s designee agrees;
   2. 2. A covered employee whose position is reclassified to a class with a lower salary range shall not have the right to file a grievance or an appeal concerning the reclassification to the State Human Resources Director unless a determination is made that a material issue of fact exists concerning a punitive reclassification;
   3. 3. A covered employee who is promoted, reclassified to a higher salary range, or moved to an unclassified position with a higher rate of pay and subsequently demoted prior to completing the trial period in the class with the higher salary range or higher rate of pay shall not have the right to file a grievance or an appeal concerning the demotion, unless such demotion is to a class with a lower salary range or lower rate of pay than the position in which the employee was serving prior to promotion, reclassification, or movement to an unclassified position with a higher rate of pay. Exception: If the employee is not serving a trial period at the time this version of the Regulations becomes effective, the covered employee will not serve a trial period. (Refer to Definitions - Trial Period.)
   4. 4. A covered employee who is promoted or moved to an unclassified position with a higher rate of pay and subsequently receives a reduction in pay prior to completing the trial period in the position with the higher salary range or higher rate of pay shall not have the right to file a grievance or an appeal concerning the reduction in pay, unless the action results in a lower rate of pay than that which the employee was receiving prior to the promotion or movement to an unclassified position with a higher rate of pay. Exception: If the employee is not serving a trial period at the time this version of the Regulations becomes effective, the covered employee will not serve a trial period. (Refer to Definitions - Trial Period.)

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.