Section Per 1002.04 - Written Warning(a) A written warning shall be the least severe form of discipline used by an appointing authority in order to correct a full-time employee's unsatisfactory work performance or conduct.(b) An appointing authority may issue a written warning to an employee for unsatisfactory work performance or conduct including, but not limited to, the following:(1) Failure to meet any work standard;(2) Failure to take corrective action as directed; (3) Unauthorized absences from work;(4) Repeated unscheduled absences, unless authorized;(5) Sexually harassing conduct, including unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature; (6) Working unauthorized overtime;(7) Failure to report immediately to the appointing authority the expiration of a license, a certificate or other form of permission required by the class specification or supplemental job description for performance of the duties of a position;(8) Unauthorized use of information or communications systems;(9) Disruptive, disorderly or disrespectful conduct in the workplace, including the use of insulting or abusive language or gestures;(10) Exhibiting physically or verbally abusive or threatening behavior, including spoken or written communications, toward any employee or any individual served by the agency;(11) Violation of a posted or published state or agency policy or procedure, or of a law or administrative rule applicable to the agency.(c) Each written warning shall:(1) Contain a narrative describing in detail the reason for the warning; (2) Except when issued as a final written warning and notice of dismissal as described in Per 1002.08(c)(1) or Per 1002.08(c)(2), list specifically the corrective action which the employee shall take to avoid additional disciplinary action, including the time frame, if any, in which the corrective action must be taken;(3) Except when issued as a final written warning and notice of dismissal in accordance with Per 1002.08(c)(1) or Per 1002.08(c)(2), notify the employee that failure to take corrective action shall result in additional disciplinary action up to, and including, discharge from employment;(4) Be signed by the supervisor who issues the written warning;(5) Inform the employee that within 15 calendar days of the notice, the warning may be resolved through the procedures for settlement of disputes pursuant to Per 205 or by appeal to the personnel appeals board;(6) Be signed by the employee receiving the written warning to acknowledge receipt of the warning provided, however, that:a. If an employee takes exception to the written warning, he or she may so note in addition to acknowledging receipt;b. Notice that the employee takes exception to the warning shall not be deemed a properly filed appeal; andc. Failure of the employee to sign the warning shall neither affect its validity nor delay the time for appeal; and(7) The original letter shall be issued to the employee and copies distributed to the:a. Employee's agency personnel file; andb. Employee's file in the division. (d) If an employee fails to take corrective action as outlined in a written warning, the employee shall be subject to additional disciplinary action up to, and including, discharge from employment pursuant to Per 1002. (e) Notice to the appointing authority that an employee is seeking resolution of the warning through the procedures for settlement of disputes pursuant to Per 205 or through appeal to the personnel appeals board shall not bar the appointing authority from taking additional disciplinary action as authorized by Per 1002.N.H. Admin. Code § Per 1002.04
(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.Amended by Volume XXXV Number 40, Filed October 8, 2015, Proposed by #10937, Effective 9/22/2015, Expires 9/22/2025.