Section Per 1002.06 - Disciplinary Suspension Without Pay(a) An appointing authority may suspend an employee without pay for: (1) Failure to meet work standards or other conduct for which a written warning may be issued pursuant to Per 1002.04, when, under the particular circumstances, the appointing authority considers the conduct or offense to warrant the imposition of discipline more severe than a written warning;(2) Violation of administrative rules or agency policies; or(3) Offenses including but not limited to the following:a. Refusal to follow the legitimate directives of the supervisor;b. Disclosing or otherwise failing to safeguard confidential information, provided that the information has been identified as confidential by a law or administrative rule, stating what records are deemed confidential;c. Fighting or attempting to injure another employee or individual served by the agency;d. Sexually harassing conduct, including unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature;e. Loss or suspension of a license, certificate or other form of permission required by the class specification or supplemental job description for performance of the duties of a position;f. Failure to report immediately to the appointing authority the expiration of a license, certificate or other form of permission required by the class specification or supplemental job description for performance of the duties of a position;g. Threatening the safety of another person or placing another person at risk of injury in the workplace; orh. Any offense listed under Per 1002.04 or Per 1002.08.(b) Except as provided in Per 1002.06(c), the period of such suspension shall be not less than one work day nor more than 20 work days.(c) The appointing authority may suspend an employee for more than 20 work days when the employee's job function in relation to the offense warrants a suspension of more than 20 work days.(d) No appointing authority shall suspend a classified employee without pay under this rule until the appointing authority: (1) Offers to meet with the employee to present whatever evidence the appointing authority believes supports the decision to suspend the employee; and(2) If a meeting is held, provides an opportunity for the employee to refute the evidence presented by the appointing authority, however: a. An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from suspending an employee pursuant to Per 1002.06; andb. An employee's refusal to meet with the appointing authority shall not bar the appointing authority from suspending an employee pursuant to Per 1002.06.(e) An appointing authority shall provide written notice of the suspension to both the employee and the director, detailing:(1) The cause of the suspension;(2) The duration of the suspension;(3) If appropriate, the specific 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;(4) A warning that failure to take corrective action shall result in additional disciplinary action up to, and including, discharge from employment;(5) Notice that the suspension shall be deemed a written warning under the provisions of Per 1002; and(6) Notice to the employee that the suspension may either be: a. Appealed to the board within 15 calendar days from the date of notice pursuant to RSA 21-I: 58; orb. Resolved through the procedures for settlement of disputes pursuant to Part Per 205.(f) If an employee fails to take corrective action as outlined in a notice of suspension, the employee shall be subject to additional disciplinary action up to, and including, discharge from employment pursuant to Per 1002.(g) Notice to the appointing authority that an employee is seeking resolution of the suspension through the procedures for settlement of disputes pursuant to Part Per 205, or that the employee is appealing the suspension to the board pursuant to RSA 21-I: 58, shall not bar the appointing authority from taking additional disciplinary action as authorized by this part.N.H. Admin. Code § Per 1002.06
(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.