Section 273-13-001 - DISCIPLINARY ACTIONSDisciplinary problems are generally addressed in a progressive manner. However, the nature and severity of the violation will dictate the level of discipline imposed. More severe levels of disciplinary action may be imposed when a lesser action is deemed inadequate or has not achieved the desired results. Management may consider the type and frequency of previous offenses, the period of time elapsed since a prior offense and any extenuating circumstances in determining appropriate discipline. One or a combination of any of the following disciplinary actions may be imposed. If one or more of the prescribed disciplinary actions are imposed, it will be in writing on a single document and imposed at the same time.
001.01WRITTEN WARNING. This action consists of a discussion with the employee during which the supervisor explains in detail the reasons for the warning and advises the employee of the action required to correct the unsatisfactory conduct. Documentation of such discussion will be placed in the employee's personnel file.001.02DISCIPLINARY PROBATION STATUS. A disciplinary probation may be imposed for a period of up to six months but may be extended to a total of one year by the agency. This is a designated time period during which the employee must improve. Improvement standards and time frames will be set by the supervisor and put in writing, with a copy given to the employee. An extension of disciplinary probation will be considered as a separate disciplinary action following the procedure as outlined in Section 004 below. 001.02(A) Employees on disciplinary probation will not be promoted or granted performance-based pay increases.001.02(B) Employees granted leave while serving disciplinary probation may have their probation extended by the number of days absent on leave.001.02(C) An employee may be removed from disciplinary probation at any time.001.03SUSPENSION. Employees may be suspended without pay for disciplinary reasons. The period of suspension will be for one or more full days, not to exceed 20 work days. The document informing the employee of suspension will be dated and include the reason for the suspension and the period of the suspension.001.03(A) The employee's service date will be adjusted by the number of calendar days absent during a suspension.001.03(B) Employees on suspension will not be granted vacation, sick or holiday leave, nor unused compensatory time off during the suspension period.001.04DEMOTION. An agency head may demote an employee to a class of a lower pay range as a disciplinary action. The employee's duties will be changed to reflect the new classification. Upon demoting an employee for disciplinary reasons, an agency head will reduce the employee's salary a minimum of 5% and the salary will not be above the maximum rate of the new pay range. However, demoted employees' salaries may be reduced no lower than the hiring rate of the new pay range. (Note: If the employee's reduced salary is at the hiring rate, the employee's salary will be increased to the minimum permanent rate within six months.)001.05REDUCTION IN SALARY WITHIN PAY RANGE. Employees may have their salary reduced for disciplinary reasons. Agency heads may restore employees to their previous salary when circumstances justify. Employees' salaries may be reduced to no lower than the hiring rate of the pay range. (Note: If the employee's reduced salary is at the hiring rate, the employee's salary needs to be increased to the minimum permanent rate within six months.)001.06DISMISSAL. Employees may be dismissed for disciplinary reasons. A written document as described in 004.02 will be given to employees when they are dismissed for disciplinary reasons.273 Neb. Admin. Code, ch. 13, § 001
Adopted effective 12/21/2021Amended effective 6/14/2023