1. A. Reinstatement of pay resulting from a reversed disciplinary action or suspension pending investigation of an employee shall be less any other related income received, such as unemployment compensation, workers’ compensation, State retirement benefits (only when the employee retires after the disciplinary action occurs and when the income is the result of a termination), and wages earned, for the period of time in which the pay was deducted. Employee retirement contributions and related interest withdrawn by the employee are not considered other related income. Reinstatement of pay shall be accomplished in the following manner:

   1. 1. The employee shall submit to the agency a Statement of Earnings and Unemployment Compensation form indicating any wages including unemployment compensation, earned during the interim period of disciplinary action;
   2. 2. The agency shall submit a written request for the employee’s reinstatement of pay and a statement of back pay due, less any other related income, such as unemployment compensation, workers’ compensation, State retirement benefits, and wages, to the State Human Resources Director;
   3. 3. Any unemployment compensation earned by the employee will be verified by DSHR through the Department of Employment and Workforce. The amount of unemployment compensation provided by the Department of Employment and Workforce will be used in determining the final back pay amount;
   4. 4. The computation of back pay must be in accordance with guidelines provided by the Office of the Comptroller General for agencies whose payroll is issued by the Comptroller General. For all other agencies, computation of back pay must be in accordance with applicable agency policies and procedures; and
   5. 5. The State Human Resources Director must approve the amount of reinstatement pay due the employee. That approval is not subject to administrative appeal and will constitute the final administrative decision.
2. B. The above procedure shall be followed in all reversed disciplinary actions and back pay associated with a suspension pending investigation.
3. C. The intent of this Regulation is only to make the employee whole as if the disciplinary action had not occurred.

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. Renumbered from 19-718.10 and amended by SCSR 48-9, eff September 27, 2024.