Section 389-8-3 - ACTING CAPACITY ASSIGNMENTTemporary/emergency employment needs and the replacement of employees on authorized leave of absence shall be accomplished by means of acting capacity assignments made and authorized as follows:
A. Appointment Procedure (Competitive Division) 1. Open Appointment (duration of three months or less) The appointing authority may appoint any State employee deemed capable of performing the full duties and assuming the full responsibilities of the vacant position. In the absence of such employee, a non-state employee who meets Bureau of Human Resources qualifications may be appointed.
2. Register Appointment (duration of more than three months) Except for acting appointments that are made under the Special Appointment and Supported Employment Programs, established register and certification procedures shall apply, but all persons certified need not be contacted for interview. In the absence of a suitable register, an open appointment may be made as in "l" above; however, during the three-month period a register will be established and the register appointment procedures will be followed to fill the position for the remainder of time necessary. Acting appointments made under the Special Appointment and Supported Employment Programs are subject to the provisions of Section 6 of this Chapter.
This requirement to establish and use a register may be waived by the Director of Human Resources in situations where such a register would be difficult to establish.
Persons who specify interest in either permanent or temporary employment will be certified to full time vacancies to be filled by acting capacity appointment. Refusal will carry no penalty.
Only persons who specify interest in temporary or less than full-time employment will be certified to part-time vacancies to be filled by acting capacity appointment.
3. Maximum Duration Acting capacity, assignment shall not exceed one [1] year; except that individual extensions may be granted by the Director of Human Resources when unusual circumstances warrant such extension.
4. Authorization for Release Approval of and authorization for the release of a career-service employee to accept an acting capacity assignment shall be the decision of the employee's appointing authority. Record of this decision shall be maintained by the appointing authority and a copy of the approved release shall be provided to the employee and the Director of Human Resources when acting capacity appointment is made.
5. Rights a. Register and recall provisions for persons on layoff who serve on an acting capacity basis will be unaffected by such service.b. The register status of persons selected from a class register to serve on an acting capacity basis will be unaffected by such service. Names will be retained on that register and referred to fill vacancies in accordance with established certification policy and procedures, including penalty for refusal.c. In no event may an agency or State employee acquire or earn benefits, status or seniority in the class held on an acting capacity basis. Tenured service (seniority) of an agency or State employee on acting capacity assignment will be credited to the official career-service position and class from which release is made, and the benefits realized by this position will be continued. Telephone, uniform maintenance or other, special allowance which may be applicable to a position shall be provided the employee who holds that position on an acting capacity basis.d. Acting capacity appointments of persons selected from reemployment or open competitive sources shall be non-status with respect to tenured service (seniority credits), layoff rights and eligibility for career-service examinations. Holiday, vacation and sick leave benefits shall be provided only if employment in acting capacity exceeds three months. Effective date for these benefits shall be the first work day following this three-month period.e. Persons appointed to acting capacity assignment who are on layoff registers shall resume accrual of leave credits, eligibility for holidays and other benefits, effective the date acting capacity appointment is made.6. Completion of Assignment An acting capacity assignment will be completed:
a. On the ending date specified or reported, if made to address a temporary/emergency employment need;b. With the return of the employee, if made to replace an employee on authorized leave of absence, or at an earlier time determined by the appointing authority; orc. Separation of the incumbent. (Position will then be filled through normal certification or nomination procedure). When an acting capacity assignment is completed, the agency or state employee shall be returned to his/her career-service position, and persons appointed from other sources shall be terminated.
7. Compensation a. If to a class in a higher pay range, as if promoted.b. If to a class in the same, or lower pay range, continue at regular position rate.c. If from reemployment or open competitive registers, as if an original appointment.d. The rules and regulations governing eligibility for overtime compensation, rate of overtime compensation and holiday pay shall be those in effect for the class to which acting capacity appointment is made.8. Merit Evaluation Agency or state employees on release from a career-service position and class to serve on an acting capacity basis will continue their established anniversary dates. Any merit increase awarded shall to applicable to both the position and class from which release is made and the position and class to which acting capacity appointment is made.
9. Records a. No changes to official employee work records will be necessary or made when acting capacity assignment involves a career-service employee.b. Requisition, certification and/or appointment procedure shall apply when a non-career service employee is to be appointed, or when certification from a class register is required.c. Record of the acting capacity assignment of career-service employees shall be reported to the Director of Human Resources on a form prescribed for this purpose.B. Appointment Procedure (Non-Competitive Division) All provisions for Acting Capacity appointments to the competitive division shall apply to the non-competitive division, except those which set forth procedure for certification from a class register.
18- 389 C.M.R. ch. 8, § 3