19 Del. Admin. Code § 3001-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 3001-4.0 - Classification of Positions

4.1 The DHR Secretary shall establish and maintain a method of classifying and reviewing all positions. Positions substantially alike in duties and responsibilities and requiring essentially the same knowledge skills and abilities shall be grouped into the same class and pay grade.

4.1.1 Class specifications shall contain the title and code identifying the class, give examples of the characteristics and indicate duties and responsibilities that may be assigned to positions of the class and set forth uniform job related minimum qualifications and the knowledge, skills and abilities required to do the work.

4.1.2 Class specifications shall be mainly descriptive and not restrictive. References to particular characteristics or examples of duties shall not exclude others of similar kind and quality.

4.2 Employees may be required to perform any of the duties described in the class specification, any other duties of a similar kind and difficulty, and any duties of similar or lower classes. Employees may be required to serve in a higher position; however, if such service continues beyond 30 calendar days, the Rules for promotion or temporary promotion shall apply, and they shall be compensated appropriately from the first day of service in the higher position.

4.3 If a significant change is made in the duties and responsibilities of a position, or if there is an alleged position classification or reclassification error, the position shall be reviewed and be reclassified if justified, in accordance with procedures established by the DHR Secretary consistent with the Budget Act.

4.3.1 When positions occupied by a Merit employee are reclassified, employees shall not be required to serve a probationary period if they meet the minimum qualifications for the new class, provided they successfully completed an initial probationary period. No examination shall be required unless that examination is part of the minimum qualifications or is related to employees' physical ability to perform the essential functions of the job.

4.3.2 Should the incumbent not qualify for the position as reclassified, he/she shall be transferred to a vacant position for which qualified within the classified service. In the event extenuating circumstances exist, the appointing authority may request approval of the DHR Secretary to retain the incumbent in the position for a reasonable period, in an underfill capacity, pending qualification at the higher level or pending a transfer.

4.3.3 When a position is reclassified into a Career Ladder, placement of the position incumbent is based on promotional standards approved by the DHR Secretary. Movement from one level to another within Approved Career Ladders is a promotion, not a reclassification.

19 Del. Admin. Code § 3001-4.0

21 DE Reg. 739 (3/1/2018) (Final)