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DEPARTMENT OF LICENSING AND REGULATORY …

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS EMPLOYEE HANDBOOK September 12, 2011 (Revised October 13, 2017)

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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS EMPLOYEE HANDBOOK September 12, 2011 (Revised October 13, 2017) This page intentionally left blank. Table of Contents i TABLE OF CONTENTS 1. Introduction ........................................ ........................................ .................................1 Using This Handbook ........................................ ........................................ .........1 2. Preface ........................................ ........................................ ........................................ .3 LARA and Its Main Components; A Snapshot View ........................................ ...3 3. Sources of Information ........................................ ........................................ ................7 Civil Service Rules ........................................ ........................................ ...............7 Collective Bargaining (Union) Agreements ........................................ ................7 Civil Service Compensation Plan ........................................ ................................7 Pamphlets and Brochures ........................................ ........................................ ..7 Human Resource Management Network (HRMN) ........................................ ....7 MI HR Service Center ........................................ ........................................ .........8 Orientation ........................................ ........................................ .........................8 4. Classified Employment ........................................ ........................................ .................9 The Civil Service Commission ........................................ .....................................9 Your Job ........................................ ........................................ ..............................9 Recruitment/Selection ........................................ ........................................ .......10 Civil Service Vacancy Posting Page ........................................ ..................10 Civil Service Applicant Pool ........................................ ..............................10 Selection Procedure ........................................ ........................................ .10 Education and Training ........................................ ........................................ ......11 Probationary Period ........................................ ........................................ ...........11 Status ........................................ ........................................ .................................11 Probationary Service Ratings ........................................ .....................................12 Full-time Less than Full-time Employees ........................................ ........................12 Setting up the Performance Plan ........................................ .....................12 Completing the Performance Review ........................................ ..............12 Types of Appointments ........................................ ........................................ ......13 Employment Changes ........................................ ........................................ ........14 Lateral Job Change/Transfer ........................................ ............................14 Promotion ........................................ ........................................ ................14 Reclassification ........................................ ........................................ .........14 Reassignment ........................................ ........................................ ...........15 Temporary Assignment or Working Out of Class ....................................15 Demotion ........................................ ........................................ .................15 Layoff ........................................ ........................................ ........................15 Departures ........................................ ........................................ .........................16 Separation from State Service ........................................ .........................16 Reinstatement ........................................ ........................................ ..........16 5. Personnel Practices ........................................ ........................................ ......................17 Table of Contents ii Personnel Files ........................................ ........................................ .....................17 Review of Personnel Files ........................................ ........................................ ....17 Reporting Personal Changes ........................................ ........................................ 17 6. Pay Issues ........................................ ........................................ ..................................19 Pay Rates ........................................ ........................................ ............................19 Pay Periods ........................................ ........................................ .........................19 Pay Days ........................................ ........................................ .............................19 Electronic Funds Transfer of Net Pay ........................................ .........................19 Overtime ........................................ ........................................ ............................20 Compensatory or Comp Time ........................................ .................................20 On Call ........................................ ........................................ ................................20 Shift Differential ........................................ ........................................ .................20 Working Out of Lost Time ........................................ ........................................ ............................21 Jury Duty ........................................ ........................................ ............................21 Longevity ........................................ ........................................ ............................21 Initial Annual Payments ........................................ ........................................ .....21 Worker s Compensation ........................................ ........................................ ....22 Payroll Deductions ........................................ ........................................ .............23 Mandatory Deductions ........................................ ....................................23 Optional Deductions ........................................ ........................................ 23 7. Fringe Benefits ........................................ ........................................ .............................25 Initial Leave Grant ........................................ ........................................ ..............25 Annual and Sick Leave ........................................ ........................................ ........25 Personal Leave ........................................ ........................................ ...................25 School and Community Participation Leave ........................................ ..............26 Holidays ........................................ ........................................ ..............................26 Insurance Programs ........................................ ........................................ ...........27 COBRA ........................................ ........................................ ......................27 Life Insurance ........................................ ........................................ ...........28 Health Insurance ........................................ ........................................ ......28 Dental Insurance ........................................ ........................................ ......29 Vision Insurance ........................................ ........................................ .......30 Long-Term Disability (LTD) Insurance ........................................ ..............30 Long-Term Care Insurance ........................................ ...............................31 Voluntary Benefits Options (Benefits for Life) ........................................ .31 Deferred Compensation ........................................ ........................................ ....31 Dependent Care and Medical Care Spending Accounts ....................................32 Qualified Parking Spending Account ........................................ ..........................32 Retirement ........................................ ........................................ .........................32 Defined Benefit Plan ........................................ ........................................ 32 Purchasing Service Credit ........................................ ..........................33 Table of Contents iii Defined Contribution Plan ........................................ ...............................33 Employee Services Program ........................................ ......................................34 Traumatic Incident Stress Management (TISM) ........................................ ........35 Educational Assistance/Partial Tuition Reimbursement ...................................35 Workplace Ergonomics ........................................ ........................................ ......35 VDT/CRT (Computer Monitor) Operator Reimbursement ................................36 Reasonable Accommodation ........................................ .....................................36 8. Leave and Attendance ........................................ ........................................ .................39 General ........................................ ........................................ ...............................39 Hours of Work ........................................ ........................................ ....................39 Lunch Break ........................................ ........................................ ........................39 Rest Periods (Breaks) ........................................ ........................................ .........39 Alternative Work Schedule ........................................ ........................................ 39 Voluntary Work Schedule Adjustment Program ........................................ .......40 Telecommuting ........................................ ........................................ ..................41 Attendance/Absenteeism ........................................ ........................................ ..41 Punctuality ........................................ ........................................ ...............41 Absence without Leave ........................................ ....................................41 Covering Absences from Your Job ........................................ .............................42 Leave Types and Use ........................................ ........................................ ..........42 Administrative Leave ........................................ .......................................4 2 Annual Leave ........................................ ........................................ ............43 Voluntary Donation of Annual Leave ........................................ ..............45 Banked Leave Time ........................................ ........................................ ..46 Deferred Hours ........................................ ........................................ ........46 Jury Duty ........................................ ........................................ ..................46 School and Community Participation Leave ........................................ ....47 Sick Leave ........................................ ........................................ .................48 Leaves of Absence General Information ........................................ .................50 Medical, Parental, Family Care and Qualifying Exigency Leave FMLA ....51 Military Caregiver Leave Under the FMLA ........................................ .......52 Parental Leave ........................................ ........................................ ..........53 Medical Leave ........................................ ........................................ ..........53 Military Leave ........................................ ........................................ ...........54 Waived Rights Leave of Absence ........................................ .....................54 Educational Leave ........................................ ........................................ ....55 9. Responsibilities and Conduct ........................................ ........................................ .......57 Release of Information ........................................ ........................................ ......57 Workplace Safety ........................................ ........................................ ...............58 Insubordination ........................................ ........................................ ..................58 Falsification of Resume or Employment Application ........................................ .58 Falsification of Work-Related Documents ........................................ .................58 Ethical Standards and Conduct ........................................ ..................................59 Table of Contents iv Badges ........................................ ........................................ ................................59 Information Smoking ........................................ ........................................ ..............................60 Political Activities ........................................ ........................................ ...............60 Discriminatory Harassment ........................................ .......................................6 0 Equal Employment Opportunity ........................................ ................................61 Vehicle Use ........................................ ........................................ .........................61 Licensing and Responsibility ........................................ ............................61 Driver Agreement ........................................ ........................................ ....61 Driver Courtesy and Seat Belt Use ........................................ ...................61 Motor Vehicle Accidents ........................................ ..................................62 Supplemental Employment ........................................ .......................................6 2 Gifts and Honoraria ........................................ ........................................ ............63 Drug and Alcohol Testing ........................................ ........................................ ...63 Licensure ........................................ ........................................ ............................63 Care and Use of State Property ........................................ .................................64 Personal Property ........................................ ........................................ ..............64 Procurement Card ........................................ ........................................ ..............64 Personal Mail ........................................ ........................................ .....................65 Personal Appointments ........................................ ........................................ .....65 Phone Use ........................................ ........................................ ..........................65 Personal Telephone Calls ........................................ .................................65 Cell Phone Use ........................................ ........................................ .........65 Employee Privacy ........................................ ........................................ ...............65 Electronic Mail ........................................ ........................................ ...................66 Internet Use ........................................ ........................................ .......................66 Personal Solicitation ........................................ ........................................ ..........67 Vendors and Solicitors ........................................ ........................................ .......67 Emergencies ........................................ ........................................ .......................67 Dress Code ........................................ ........................................ .........................67 10. Other Department of Licensing and Regulatory Affairs Procedures ...........................69 Communications ........................................ ........................................ ................69 Printing and Publications ........................................ ........................................ ...69 Contracts/Grants/Purchasing ........................................ ....................................69 Telephone and Voice Mail ........................................ ........................................ 70 Travel ........................................ ........................................ ..................................70 Moving Expenses ........................................ ........................................ ...............70 General Emergency Conditions ........................................ .................................70 11. Corrective Action and Discipline ........................................ ........................................ ..73 Corrective Action for Performance Informal Counseling ........................................ ........................................ .73 Formal Counseling ........................................ ........................................ ...73 Interim Employee Rating ........................................ .................................73 Table of Contents v Progressive Discipline ........................................ ........................................ ........74 Written Reprimand ........................................ ........................................ ..75 Suspension ........................................ ........................................ ...............75 Dismissal ........................................ ........................................ ..................75 12. Employee Elections ........................................ ........................................ .............................77 Excluded Employees ........................................ ........................................ ..........77 Grievance Representation and Procedure ........................................ ................77 Collective Bargaining ........................................ ........................................ ..........78 Office of the State Employer ........................................ ......................................78 Employment Relations Board ........................................ ....................................78 Employee Relations Activities ........................................ ....................................79 13. Department of Licensing and Regulatory Affairs Policies. ........................................ ...81 General Policies ........................................ ........................................ ..................81 HIPAA Policies. ........................................ ........................................ ...................84 Handbook Amendments ........................................ ........................................ .............86 14. ........................................ ........................................ .......87 Table of Contents vi This page intentionally left blank. Introduction 1 1. INTRODUCTION Using This Handbook The purpose of this handbook is to provide you with information about your employment with the Department of Licensing and Regulatory Affairs (LARA), as well as the State of Michigan. Links are provided to specific policies, procedures, and related forms for your use. You should use those links to read the policies and explanations to understand the additional details housed elsewhere on the LARA HR and Civil Service web pages. The information covers topics of concern to most employees including: pay and fringe benefits, attendance and leave usage, conduct and responsibilities, personnel practices, employee relations, and other department policies that may impact employee behavior or conduct. This handbook is not a contract and does not confer on employees any rights or powers beyond their bargaining unit agreement and/or Civil Service Rules and Regulations. It may be amended in whole or in part, from time to time, at the discretion of the Department of Licensing and Regulatory Affairs Director. In the event of a conflict between Civil Service Rules or a Bargaining Unit Contract (CBA) and this handbook, the Rules or CBA will govern. This applies both to conflicting information at the time of publication and conflicts resulting from later changes to Civil Service Rules or CBAs. Employment under the Michigan Civil Service system is subject to evaluation of performance. Reference to career employment or career positions must not be construed as a guarantee of employment without restrictions. This symbol identifies those items included in this handbook which are processed by the Civil Service MI HR Service Center. Please contact that office if you require additional information or assistance related to any subject in this handbook identified by this symbol. The MI HR Service Center can be reached at Phone: (877) 766-6447 Fax: (517) 241-5892 Website: . NOTE: As economic agreements are negotiated, or as the coordinated compensation process is completed, the status of benefits may change. If you are a represented employee, you should consult your bargaining unit agreement concerning the status of benefits referred to in this handbook. If you are non-represented, consult Civil Service Rules and Regulations. Introduction 2 This page intentionally left blank. Preface 3 2. PREFACE WELCOME TO THE DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS! LARA and Its Main Components A Snapshot View The goal of the Department of Licensing and Regulatory Affairs (LARA) is to create a licensing and regulatory environment that promotes business growth and job creation in Michigan by streamlining and eliminating unnecessary or burdensome regulations. The newly reorganized department is customer driven & business minded, while at the same time protecting the health and safety of Michigan's citizens. LARA has four primary focuses: (1) Licensing and Regulatory; (2) The Michigan Administrative Hearing System (MAHS); (3) Employment Security and Workplace Safety; and (4) The Office of Regulatory Reinvention (ORR). LARA is composed of a team of employees across the state that follows the guiding principles of collaboration, inclusion, integrity and measurable outcomes. These principles will guide the department in its mission to help Michigan reinvent its regulatory system so that Michigan continues to grow as a competitive state for business attraction. Click on the following link to view the LARA Organizational Chart: LARA Organization Chart LARA s Main Components Are: Corporations, Securities and Commercial Licensing The Corporations, Securities & Commercial Licensing Bureau is responsible for assuring that more than 287,000 commercial licensees for 33 different commercial occupations and more than 147,000 securities and investment registrants meet the minimum standards for operating in Michigan. The Bureau issues licenses/registrations and conducts investigations to ensure that the people and businesses perform services within the requirements of the regulatory statutes and rules. The bureau is also responsible for reviewing entity formation documents for entities wishing to conduct business in Michigan and maintains public records for approximately 1,700,000 business entities. Preface 4 Office of Communications The Office of Communications includes two divisions: the Division of Media and Public Relations and the Division of Media Technology. The division of Media and Public Relations responds to inquiries from the news media, issues news releases about important developments in programs and services, and provides public information and news of internal departmental events and policies. The Division of Media Technology provides graphic arts, publications, and forms design services. This unit also provides enhanced audio-visual support, and cable television and video production. Construction Codes The Bureau of Construction Codes (BCC) works as a team to assure that the built environment and the systems within are sound, safe, and sanitary; the building users health, safety and welfare are protected; and that, through a coordinated program of prevention, code compliance, investigation and training, there is consistent application of standards. Employment Relations The Bureau of Employment Relations (BER) is responsible for resolving labor disputes between public and private sector employers and employees by: mediating collective bargaining disputes; conducting elections and resolving unit clarifications issues; appointing fact finders and arbitrators to resolve bargaining impasses and other labor disputes; enforcing statutes which protect bargaining rights of public employees; and fostering cooperative programs between public and private sector labor and management. Executive Office (State Intranet users only) The Executive Office works together with the Governor and other state departments to set goals and an agenda that keep Michigan moving forward. Finance and Administrative Services (State Intranet users only) The Office of Finance and Administrative Services develops and oversees the department s annual budget and provides various administrative services which include accounting, payment processing, procurement, contracting, mailroom, telecommunication, motor transport, lease, space management, and forms management. Preface 5 Fire Services The Bureau of Fire Services was established to provide for the prevention of fires, the protection of persons and property from exposure to the dangers of fire, to educate the public on fire safety, and to serve the training needs of the state's more than 31,000 fire fighters. The Bureau is also charged with reviewing school and hospital building plans ensuring the health, safety, and welfare of Michigan's citizens as the highest priority. Health Care Services The Bureau of Health Care Services regulates health professionals in Michigan who are licensed or registered. This bureau also deals with licensing of health care and long-term care facilities and related issues in Michigan. Human Resources The Office of Human Resources (OHR) is the primary contact for human resource services including payroll issues, position classification, and employee recruitment and selection. The OHR also provides guidance on labor relations issues and collective bargaining negotiations. The OHR manages policies and procedures to continually improve the Department s work environment and provides leadership and direction on matters relating to equal employment opportunity, discriminatory harassment investigations, civil rights complaints, the Americans with Disabilities Act, workplace safety, and reasonable accommodations. Liquor Control Commission The Liquor Control Commission regulates the availability of alcoholic beverages for consumption while protecting the consumer and general public through regulation of the related industries. Michigan Administrative Hearing System The Michigan Administrative Hearing System (MAHS) provides fair and impartial administrative hearings services in cases arising out of state action by a wide variety of state departments and agencies. Hearings may include disputes involving licenses, permits, benefits, applications, claims, unemployment benefits, worker s compensation eligibility, benefits, and tax appeals through the Michigan Tax Tribunal. In addition, MAHS provides appellate review of worker s compensation and unemployment insurance adjudications through the new Michigan Compensation Appellate Commission. Michigan Occupational Safety and Health Administration The Michigan Occupational Safety and Health Administration (MIOSHA) is committed to protecting Michigan workers through a combination of outreach, education, and enforcement. Preface 6 Policy and Legislative Affairs The Office of Policy and Legislative Affairs follows legislation affecting the Department of Licensing and Regulatory Affairs and its bureaus, and serves as liaison between the Governor s Office of Regulatory Reinvention and bureaus on rule making issues. Public Service Commission The Michigan Public Service Commission (MPSC) administers policies and regulations to ensure that energy, communications, and transportation services are provided in an efficient, reliable, and safe manner to adequately meet the needs of Michigan residents. Office of Regulatory Reinvention The Office of Regulatory Reinvention (ORR) works with state departments and agencies and other interested parties to simplify Michigan s regulatory environment by reducing obsolete, unnecessary and burdensome rules that are limiting economic growth. In addition, the ORR is responsible for the coordination, analysis, legal certification and publication of all administrative rules promulgated by state departments and agencies. Services for Blind Persons The Bureau of Services for Blind Persons helps more than 4,500 blind and visually impaired individuals annually to achieve employment and independence, and helps employers to find and retain qualified workers. The bureau serves people of all ages. Unemployment Insurance Agency The Unemployment Insurance Agency (UIA) helps jobless workers and their families by providing a temporary income while the workers are unemployed and seeking new employment. Sources of Information 7 3. SOURCES OF INFORMATION Many of the topics discussed in this employee handbook are also addressed in other publications, as listed below. Usually the nature of the information in those other publications is more detailed, more specific to a certain group of employees, or more procedurally oriented. Civil Service Rules This document provides the rules through which the Civil Service Commission (CSC) carries out its constitutional requirement to administer a merit system. Civil Service Rules are located on the Civil Service internet home page. Collective Bargaining (Union) Agreements These documents, commonly referred to as bargaining unit agreements or contracts, provide information about conditions specific to certain bargaining unit groups. A copy of the agreement should be made available by the appropriate union to every member of an exclusively represented bargaining unit; they are also accessible from the Office of the State Employer (OSE) internet site. Civil Service Compensation Plan The Civil Service Commission Compensation Plan provides extensive information about pay rates and pay ranges. Information regarding economic benefits and pay policies can be found in the Civil Service Rules, Chapter 5 and Civil Service Regulations Copies of the Compensation Plan are distributed to bureau personnel liaisons at the beginning of each new fiscal year. Periodic updates are distributed throughout the year if changes occur. Pamphlets and Brochures Some of the items mentioned in this handbook are described in substantial detail in separate pamphlets or brochures at the Michigan Civil Service Commission. This applies primarily to subjects relating to fringe benefits such as insurance, deferred compensation, and retirement. Human Resource Management Network (HRMN) MI HR (pronounced My HR) is an on-line web-based tool designed to provide access to update and view personnel information. When accessing your self service account , you can view your earnings statements, manage your direct deposits, view current benefits, complete benefit changes during open enrollment periods, change your home address, and more, all from your home or work computer. From the MI HR Information link you can access a wide variety of Sources of Information 8 information related to your employment. The username and password provided to you will allow you access to both tools. If you have forgotten or lost your password, go to the MI HR Gateway and click the Password help link. MI HR Service Center The MI HR Service Center is a customer support center to assist employees with questions or resolving problems related to their HR information. The service center can be reached toll free at 877-766-MIHR (6447) or by visiting their website: Employee HR Services. Orientation Orientation is provided by each bureau and is designed to ensure that all new employees receive essential information regarding State of Michigan rules, regulations, and benefits. The purpose of orientation is to explain various department policies/procedures to the employee and have them complete all necessary hire forms. The orientation should not only assist supervisors and staff to more readily establish a foundation with the new employee, but also provide a vehicle for the new employee to assimilate into the workplace and quickly understand the job-specific tasks at hand. On-line packets are available at the LARA - Orientation website. Also available is a LARA slide show to assist in completing the packets. Employees who transfer to LARA from another state agency are given a different orientation packet to complete but those documents can be found at the same website. All new employees will sign a signature form acknowledging receipt of the employee handbook, and various department policies and work rules. This will include information on drug/alcohol testing, workplace safety, discriminatory harassment and other matters. Newly hired employees must contact the MI HR Service Center at 877-766-6447 within 31 days of their hire date to sign up for benefits. Failure to call within the 31 day time period will result in the new employees having to wait until the next open enrollment period (usually in July/August). Benefits will be effective on the first day of the bi-weekly payroll period following EITHER the employees first day of employment OR the date the enrollment process is completed, whichever is later. All new employees are strongly encouraged to review the information on the New Employee Orientation website. Questions concerning the orientation process should be directed to the Office of Human Resources at 517-373-4769. Classified Employment 9 4. CLASSIFIED EMPLOYMENT The Department of Licensing and Regulatory Affairs, like all State of Michigan agencies, operates in accordance with the rules and regulations promulgated by the Michigan Civil Service Commission. The Civil Service Commission s policies cover all classified civil service positions. The Civil Service Commission The Civil Service Commission obtains its authority directly from the Constitution of the State of Michigan and is made up of four (4) non-salaried persons appointed by the Governor. The Commission is responsible to: Classify all positions in the classified service according to their respective duties and responsibilities, Fix rates of compensation for all classes of positions, Approve or disapprove disbursements for all personal services, Determine by competitive examination and performance exclusively on the basis of merit, efficiency, and fitness the qualifications of all candidates for positions in the classified service, Make rules and regulations covering all personnel transactions, and Regulate all conditions of employment in the classified service. The Civil Service Commission carries out these responsibilities via the State Personnel Director and the Civil Service Commission. Rules are promulgated and policies formulated to achieve these objectives. Your Job A job refers to a grouping of duties and responsibilities that require the full-time, part-time, or seasonal employment of one person. Your particular job has been evaluated and classified in this manner. Within the Civil Service classified system, all jobs or positions are classified and placed into one of the following groups: Group 1: Classifications that typically do not require a bachelor s degree to enter and do not supervise other employees. Group 2: Classifications that typically require a bachelor s degree or post-bachelor s degree or the equivalent to enter, but do not normally supervise other employees. Group 3: Managerial and supervisory classifications that supervise staff. Classified Employment 10 Group 4: Classifications that include the highest level of management and that have significant impact on the operating policies of state departments. Recruitment/Selection There are many opportunities within state government for career advancement and several ways to apply for state jobs. Civil Service Vacancy Posting Page The Civil Service Commission primarily utilizes a vacancy-driven recruitment process. Available state jobs will be posted on the Civil Service Vacancy Posting web page. Vacant positions are posted as open to any applicant, open to state employees only, or open to departmental employees only. Positions to which only current LARA employees may apply are posted on the LARA Applicants Only web page. Applicants must apply for specific vacancies using the on-line NEOGOV application system; all required information as stated in the posting must be attached to the application. The Office of Human Resources or the Civil Service Commission will complete a credential review to determine if the applicants meet the qualifications for the position. Civil Service Applicant Pool Some job classifications continue to require an examination process where applicants must complete a Civil Service examination application. The Civil Service Commission will process applications, administer an appraisal method, and provide applicant pools to agencies for these classifications. A complete listing of all examinations offered by Civil Service, including a brief description of the classification, qualification requirements, and salary range can be obtained at by clicking on the Employment Information link, then on General Information . Selection Procedure The vacancy-driven recruitment process is designed to make the process as simple as possible for the potential applicant. The Department of Licensing and Regulatory Affairs generally posts notification of position vacancies for a minimum of five (5) working days. Qualified candidates who are interested in the position must respond to the position posting no later than the closing date shown on the job posting. Interviews are then conducted, references are checked, and an individual is selected for appointment to the position. This is called a certification of appointment. Classified Employment 11 Bargaining unit agreement provisions apply to some represented positions that alter the posting process. Refer to applicable bargaining unit agreements for details. Education and Training Your supervisor and/or a co-worker will conduct much of the on-the-job training required for you to learn the duties and responsibilities of your new position. Additionally, the Civil Service Commission offers a variety of specific skills training that may be helpful to you; a listing of current class offering is available from the CSC Training & Development web site. Your supervisor may recommend, or you may request through your supervisor, to attend a program to enhance your ability to perform the duties of your position. A C-24 form, Request for Training/Tuition Authorization for Payment, must be completed. Upon receipt of the completed form, OHR will schedule the training with Civil Service. You will receive an e-mail confirmation of the registration, and will receive an e-mail from Civil Service if the class is cancelled. For group training requests, one C-24 form can be completed with an attached listing of attendees, employee ID numbers, and billing information. A copy of the approved C-24 form should also be sent to OHR for training programs not sponsored by LARA or Civil Service so that the training can be documented in the employee s personnel file. OHR does not schedule or arrange training from sources outside LARA or Civil Service. Refer to the LARA Training and Conferences policy (G-34) or contact the LARA OHR for more information. Probationary Period To enable the Department of Licensing and Regulatory Affairs to evaluate your ability to perform the duties for which you were selected, as a new employee to state government or as a promoted employee within state government you will serve an on-the-job test or probationary period. For career employees the probationary period is 12 calendar months of full-time employment or 18 calendar months of less than full-time employment. Your supervisor will rate your performance using the on-line Performance Management tool (see Probationary Service Ratings below). For additional information about performance ratings, see Civil Service Regulation Status After satisfactory completion of your probationary period, you are considered an employee with career Civil Service status. Having career status means you have been properly appraised, qualified, and appointed to the classified service, and you have satisfactorily completed the initial probationary period in a career or limited-term appointment. It does not mean that you have a lifetime job. Job continuance depends upon satisfactory performance of your duties, the continuing need for your position, and state budgetary considerations. Having Classified Employment 12 status allows you to transfer/lateral job change, compete in Civil Service examinations, and enhances your employment retention rights. Probationary Service Ratings Full-time employees For new hires without status, your supervisor will evaluate and rate your performance based on the identified job performance factors and competencies at the end of three calendar months, six calendar months, and twelve calendar months. Current employees with status promoted to a new position must also serve a minimum probationary period of twelve calendar months and will be rated following six months and twelve months in the position. Less than full-time employees New hires who are less than full-time employees will receive probationary evaluations following three, nine, and eighteen calendar months of employment. A part-time employee who is promoted will receive ratings following nine and eighteen calendar months. Setting up the Performance Plan Shortly after you begin work or are promoted, and at the beginning of each new probationary rating period, your supervisor will explain and review with you specific job performance factors and competencies that will be used to evaluate your performance. These performance factors and competencies will be entered on the on-line Performance Management tool accessed via your MI HR self-service account. You will be required to review and certify the plan; your certification of the plan indicates that you were made aware of the job performance factors and competencies that you will be evaluated on at the end of the rating period. You will be able to print a copy of the performance plan if you wish to do so. A different set of job performance factors and/or competencies may be identified for subsequent rating periods. Completing the Performance Review When your supervisor prepares your initial probationary performance rating, he/she will discuss your work performance and may suggest possible improvements. Your certification is required on the performance rating as proof that you were given the opportunity to review it. You can print a copy of the performance rating if you wish to do so. Probationary ratings are graded as (1) High Performing, (2) Meets Expectations, or (3) Unsatisfactory. Your performance ratings will be an evaluation of your work habits, work behaviors, and the quantity and quality of your work. The performance rating you receive should serve as a guide to improve your performance and prepare yourself for better positions in the future. Your performance ratings become a permanent part of your record and are saved as a historical Classified Employment 13 review in the performance management system. Your performance ratings can have an important bearing on your eligibility for salary increases and promotional opportunities. You must have a satisfactory rating upon completion of twelve calendar months of work in order to satisfactorily complete the probationary period. If you are given a rating of Unsatisfactory during your probationary period, your supervisor and the Director of Human Resources may make a determination to separate you before completion of your probationary period. If a probationary employee is placed on a leave of absence without pay or on extended sick leave, the period of the leave of absence does not count toward completing the probationary period, and the length of the probationary period is automatically extended for an additional period equal in length to the leave of absence. Refer to Civil Service Regulation for more information. Types of Appointments There are several different types of appointments: Indefinite (permanent) career appointment: An appointment with no fixed ending date at the time of appointment. The appointee is eligible to gain Civil Service status and is eligible for benefits. Temporary non-career appointment: An appointment expected to last less than the equivalent of 90-full-time workdays in a calendar year. The appointee does not gain Civil Service status and is not eligible for benefits. Limited-term appointment: A temporary appointment that has a fixed ending date at the time of appointment. The appointee may gain status by serving in one or more limited-term positions and completing a satisfactory probationary period. The appointee receives benefits. Emergency appointment: An appointment made when there is an urgent staff need that is expected to last less than twenty-eight (28) calendar days and for which there is no applicant pool available. The appointee must possess the qualifications for the position. Student appointment: A non-career appointment that may work more than 89 full-time workdays in a calendar year. Student assistants must be continually enrolled in, and attending, a high school (currently enrolled or has completed high school and has been accepted by a postsecondary educational institution), vocational school, or postsecondary educational institution. Summer attendance at school is not required. The appointee does not gain Civil Service status and is not eligible for benefits. Seasonal appointment: An appointment where work is limited to part of the year. The appointee is eligible to gain Civil Service status and is eligible for benefits. Classified Employment 14 Employment Changes Lateral Job Change/Transfer Once you have gained status, you may transfer between divisions within the Department of Licensing and Regulatory Affairs or to other state departments, to positions within the same class and level or other equivalent classes for which you qualify. The Civil Service Commission maintains a job vacancy posting website for all state departments. When a LARA employee accepts a position in another state department, we ask for a minimum two (2) week notice. You will take your benefits, longevity, retirement, annual leave (up to 80 hours; transfer of more than 80 hours requires approval by the new department), BLT, and sick leave with you to the new department. Promotion The term promotion is generally used to describe the appointment to a position at a higher level in the State Classified Service and/or at a higher rate of pay. To be considered for a higher-level position, you must have the requisite experience and/or educational requirements determined by Civil Service and pass the appropriate examination, if required. The interview and selection process for promotions is similar to the process you went through when you were initially hired. When you are promoted, you serve a new probationary period. Reclassification A reclassification is a change in the employee s classification or grade based on the gradual growth and accrual of higher-level duties and responsibilities. If you believe your position should be reclassified because of increased responsibilities and additional duties, you should discuss this with your supervisor and submit a completed Position Description form for him/her to review. If your supervisor and the manager for your area support your request, the position description form will be submitted to the Office of Human Resources. The Office of Human Resources will evaluate the request to determine whether the department supports the reclassification. Normally, you will not be considered for reclassification if your last appointment or job change was made within one (1) year. You may also submit a request for reclassification directly to the Civil Service Commission under Civil Service Rule 4-2(a), even though your supervisor, your bureau, and/or the Office of Human Resources do not support your request. (See Regulation for specific information.) If Civil Service denies the request, you may appeal under the Technical Appeals Procedure specified in Civil Service Regulation , Technical Classification and Qualification Complaints. Note: This procedure applies to both non-exclusively represented employees and employees covered by a bargaining unit agreement. Classified Employment 15 Reassignment It may become necessary to make changes to your job in order to obtain or maintain efficient service and operations. The Department of Licensing and Regulatory Affairs has the right to adjust certain tasks that you perform or to make a more major change, such as reassigning you to a different position or work location. When reassignments occur, they are made in accordance with bargaining unit agreement requirements and prevailing Department of Licensing and Regulatory Affairs and Civil Service rules and regulations. Temporary Assignment or Working Out of Class Occasionally, management may find it necessary to temporarily assign an employee to work out of class or to function as an acting supervisor or manager. When such temporary assignments are made and they require the employee to perform work at a higher level, the employee may be entitled to pay for working at the higher level. The employee is not entitled to be appointed to such a position, nor may any supervisor or manager promise such an appointment on a permanent basis to an employee. Working out of class (WOC) assignments must be approved by OHR before the actual assignment is made. WOC assignments are designed to be temporary in nature. Civil Service Regulation provides additional information about working out of class assignments. Represented employees should refer to their collective bargaining agreement. Demotion A demotion is the appointment of an employee with status to a position at a lower level. This appointment can be made for disciplinary or performance reasons or at the employee s request. In some instances, to make a career change, it may be necessary to demote initially to ultimately achieve a higher level in a different classification/series. A demotion generally results in a reduction of pay. Layoff When reductions in force (RIF) occur, you may be laid off or bumped to another position. Your rights are defined in Civil Service Commission Rules, Section 2-5, or in appropriate bargaining unit agreements if a union represents you. The Office of Human Resources will notify employees who are to be bumped or laid off. The Office of Human Resources will place your name on recall lists in accordance with Civil Service Regulation , or the applicable bargaining unit agreement if you are a union represented employee. Classified Employment 16 Departures Employees departing the Department of Licensing and Regulatory Affairs must notify their immediate supervisor of plans to leave a position; the department normally requires at least a two week notice which may be waived in appropriate circumstances. Departing employees are required to return all state property prior to their departure date. The employee must complete and sign a departure checklist, which is given to their supervisor for review and signature. The supervisor forwards the completed checklist to the Office of Human Resources prior to the employee's departure date for placement in the employee's personnel file. Separation from State Service If you decide to leave your present position and state government, you should give a minimum of two (2) weeks notice. When leaving state service, you will receive your last paycheck on the same day you would normally receive it. This final payment will include payment for unused annual leave. Employees who were hired before October 1, 1980 and separate by reason of death or retirement (including deferred retirement), will receive 50% payoff of unused sick leave on their final paycheck. Employees hired prior to October 1, 1980 who separate from classified service for any reason other than retirement or death will be entitled to a payoff of a portion of unused sick leave, depending on the number of hours accumulated; see Civil Service Regulation for specific information. Employees separating from state service will have the value of unused Banked Leave Time (BLT) hours contributed to their State of Michigan 401(k) plan. If you do not have a 401(k) account, one will be established for you. Reinstatement A classified employee who achieved status and who is demoted or separated while in satisfactory standing is eligible for reinstatement. An appointing authority may reinstate an eligible person to the classification in which the person last achieved status before the separation or demotion, or to a classification at the same or lower classification level for which the person is qualified. A person s eligibility for reinstatement is limited to three (3) years after separation or demotion, barring existing layoff names on the recall list for that class and level. Upon reinstatement, provided your retirement contributions were held on deposit or you reimburse the retirement fund the amount that was refunded to you plus interest you will be placed in the same status for retirement purposes held prior to separation. Questions concerning retirement status and/or contributions should be directed to the Office of Retirement Services or by calling (800) 381-5111. Personnel Practices 17 5. PERSONNEL PRACTICES Personnel Files All records supporting personnel actions taken that concern your employment are part of your official personnel file. The official personnel file contains employee records and documents such as signed acknowledgements, personnel action/transaction information, employee history records, service ratings, personnel action notices, benefit and compensation forms, formal counseling, and disciplinary action notices. Information stored in Civil Service s HRMN system is considered part of the official personnel file. Review of Personnel Files To review your official personnel file, a written request must be provided to Human Resources prior to the desired review date. The review will take place in the Office of Human Resources during normal working hours with authorized supervision. You may request in writing the removal of disciplinary actions and/or unsatisfactory service ratings 24 months or more following the date on which the disciplinary action occurred, provided no new disciplinary action or less than satisfactory service rating has been issued during such 24-month period. Employees covered by a bargaining unit agreement should refer to relevant provisions in the appropriate agreement. Reporting Personal Changes In order to maintain complete and accurate personnel files, you should update pertinent changes in your personal status in MI HR Self-Service when possible or by calling the Service Center at 877-766-6477. Important changes you should report include: name, mailing address, home telephone number, marital status, exemptions for tax purposes, names of dependents for insurance coverage, change in beneficiary (for retirement, deferred compensation, unpaid wages, and life insurance), and emergency contact name and telephone number. Note: Always keep a copy for your records of any correspondence you have with the Civil Service Commission, LARA Office of Human Resources, Office of Retirement Services, MI HR Service Center, ING, etc. Personnel Practices 18 This page intentionally left blank. Pay Issues 19 6. PAY ISSUES Pay Rates The State Classified Civil Service establishes pay ranges associated with a system of job classification titles and grade levels. Each pay range consists of minimum and maximum rates with, in most cases, intermediate rates called steps or increments. The Compensation Plan, published annually by Civil Service, contains a complete list of the pay ranges, including those resulting from bargaining unit agreements and those determined by Civil Service for employees not covered by a bargaining unit agreement. Your pay is determined primarily on the two interrelated systems of classification, grade/level and pay range. Pay rate adjustments are made within these ranges as you gain experience or move to different classes. Pay Periods A pay period is a two-week period beginning on the Sunday after payday and ending on a Saturday. The typical full-time employee works 80 hours during that time period. Employee work schedules may vary, but 80 hours of work is considered to be a complete pay period. Pay Days Payday is the second Thursday of each two week pay period. Salary and wages paid to employees on this day are those which were earned during the previous pay period. Employees hired on or before September 30, 2002, have the option of being paid via EFT or a paycheck mailed to their homes. However, employees are strongly encouraged to use EFT to receive their pay. If an employee elects to receive a paycheck, it must not be cashed prior to the date on the check. Electronic Funds Transfer of Net Pay Effective October 1, 2002, all new employees are required to utilize Electronic Funds Transfer (EFT) or direct deposit of their net pay. In some exceptional cases, an employee may have the option of receiving a paper paycheck upon approval and prior coordination with the HR office. Direct deposit allows you to have your paycheck deposited directly into your checking or savings account without having to physically go to your financial institution. You can enroll in and/or change your Electronic Funds Transfer by obtaining an EFT Application for State Employees (Direct Deposit) (Form 3487,) by contacting the MI HR Service Center at 1-877-766-6447, or by entering this information in MI HR Self-Service. Effective January 29, 2004, paper statements were eliminated and employees are now required to go on line to their MI HR Self- Pay Issues 20 Service account to check their pay statements. Pay statements contain important information about your pay and benefits. It is your responsibility to review the statement regularly to ensure continued accuracy of the information. Overtime Generally, overtime is work an employee is required to perform that is beyond 40 hours in a week and, for some employees, eight hours in a day. Your supervisor and the Office of Human Resources must approve overtime hours before they are worked. Bargaining unit agreements, Civil Service Regulation , and the Compensation Plan provide specific information regarding eligibility, rates of pay, scheduling, and so forth. Compensatory or Comp Time Compensatory time, or comp time as it is called, is time accrued in lieu of pay for overtime hours worked. This time is then eligible for later use similar to annual leave use. The Department of Licensing and Regulatory Affairs does not offer compensatory time to its employees. However, if you are a member of a bargaining unit, you should refer to your bargaining unit agreement for a provision which may allow for compensatory time. On Call Some employees work in capacities that require they be available to report for work on very short notice during what would normally be non-work hours. These employees are specifically scheduled and paid to be on call. Whether or not they are officially on call, an employee may be required on short notice to return to work at a time other than normal working hours. Shift Differential A premium rate of pay may be assigned to a position that works a shift significantly different from the typical 8 to 5 schedule. Exclusively represented employees should refer to their bargaining unit agreement. Working Out of Class Occasionally, management may find it necessary to assign an employee to work temporarily in a different job. This is referred to as working out of class. For further information see Section 4, "Temporary Assignment or Working Out of Class . Pay Issues 21 Lost Time Lost time occurs when hours of work are scheduled but not worked, and for which no pay is received. It can occur when you are absent from work and do not have leave credits to use, or if the absence is not authorized (even though you may have leave credits to cover the time). The results of lost time include: Your paycheck is reduced for the pay period in which lost time occurs. Hours toward continuous service are not credited for the amount of lost time. Normal accumulation of sick leave and annual leave credits are prorated. Possible step increases or reclassifications are delayed. Longevity payments are prorated. Possible disqualification for a paid holiday. You are discouraged from being in lost-time status. Formal counseling and/or disciplinary action could result from being on lost time. Jury Duty If you receive a jury duty summons, you may be eligible for Jury Duty Administrative Leave if you reimburse the State of Michigan for jury duty fees received from the court. See Jury Duty in Section 8 for detailed information. Longevity Initial Payments Employees qualify for an initial longevity payment by completing an aggregate of 10,400 hours of continuous service before October 1. The initial payment is always a full payment (no pro-ration). Career employees who separate from state service and return and complete 5 years (10,400 hours) of full-time continuous service before October 1 of any year receive credit for all previous hours in the state classified service. Annual Payments After meeting the initial 5 year qualifying period as stated above, employees qualify for a full annual payment by completing 2,080 hours of continuous service during the longevity year. Employees who are in pay status less than 2,080 hours receive a prorated annual payment based on the number of hours in pay status during the longevity year. The payment is made via a gross pay adjustment and is usually included in the paycheck following the first complete pay period in the month of October. Pay Issues 22 A career employee is eligible to receive credit for longevity for service in a non-elective excepted or exempted position in an agency, the legislature, or the supreme court if entry into or return to the classified service is within 28 days after leaving the excepted or exempted position. Also, if you have served in the armed forces on active duty, you may be entitled to a maximum credit, not to exceed five (5) years, for longevity purposes. It is your responsibility to submit proper documentation to the LARA Office of Human Resources within 720 hours of being hired for credit retroactive to your date of hire. Any of the following documents serve to provide proper documentation: Certificate of Honorable Discharge Certified copy of Honorable Discharge Photocopy of Honorable Discharge Certificate of Honorable Active Military Service Certificate of Service Photocopy of Certificate of Service Report of Separation General Discharge Certificate See Civil Service Regulation for additional information on longevity compensation. Workers Compensation The provisions of the Workers Compensation Act will govern if you are injured while on duty. If you sustain a work related injury or illness, you must file a report, even if you do not wish to seek medical treatment or will not lose any time from work. For your own protection, be sure to immediately report any injury you incur while on duty. For information about filing a workers compensation claim, please visit the Disability Management Office (DMO) website. Compensation is paid only for an injury that prevents you from earning full wages for more than seven (7) consecutive days. If the disability lasts beyond seven days, compensation, if allowed, will begin on the eighth (8th) day after the injury. However, if the incapacity continues for two (2) weeks or longer, compensation will be computed from the date of injury. The compensation equals about two-thirds (2/3) of your regular salary, and you continue to accrue seniority. Leave credits may be used to make up the difference between your workers compensation payment and your regular salary. Payment for required medical, surgical, hospital services, and medicines will be furnished as a result of any approved claims. Pay Issues 23 Payroll Deductions The payroll system accommodates mandatory deductions as well as those optional deductions that you select and authorize. Mandatory Deductions Mandatory deductions include federal, state, and local income tax withholding, Social Security (FICA and Medicare withholding), wage garnishment, and in some cases, union dues/service fees. You cannot cancel these deductions but you can change the amount of some by submitting revised information, such as an updated withholding certificate for income tax purposes. These changes may be made by contacting the MI HR Service Center. You may also change your Federal and State taxes on-line via your self-service account. (You must call the MI HR Service Center to change your city tax deduction.) Income-tax withholding deductions are required by law and vary according to salary and number of dependents. The W-4 Form (Withholding Exemption Certificate) is used to declare the number of dependents for which you claim an exemption. Social Security (FICA and Medicare) deduction is based upon the current schedule of deductions under the Federal Social Security Act. Court garnishment of wages, income withholding for child support or federal tax levies can be deducted without your consent. You will receive a notice if such a deduction is to be made. Membership in the union or payment of a representation service fee, if required. If you do not sign a membership card or a representation service fee card, representation service fees may be deducted without your consent. Optional Deductions Optional deductions include state-sponsored fringe benefits (such as insurance programs, deferred compensation, or medical and dependent care spending accounts), as well as savings bonds, certain credit unions, State Employees Charitable Campaign, and voluntary wage assignments. You may cancel deductions for most fringe benefits ( , insurance and deferred compensation) at any time by completing a cancellation form. However, depending on the deduction, you may be limited to certain times during which you may enroll or re-enroll. Pay Issues 24 Other optional deductions can be canceled at any time by written request to the MI HR Service Center. These can also be reinstated at any time. Verbal requests for cancellation of a payroll deduction cannot be accepted. Optional deductions include: Credit union deductions are available for a number of financial institutions. State Employees Charitable Campaign is a charitable contribution. Voluntary wage assignments for child support can be accommodated through payroll deduction at your initiation. Contact the Friend of the Court to institute this deduction. Reserved parking space fees in certain lots or ramps through the state parking system. Payroll deductions for parking for all state employees are available on a pre-tax basis. Contributions to the Defined Contribution Retirement Plan, which is an extension of the Deferred Compensation Plan 401(k) Plan. Contributions to the 457 Deferred Compensation Plan or the Roth 401(k) Plans. Fringe Benefits 25 7. FRINGE BENEFITS The Department of Licensing and Regulatory Affairs, through the State of Michigan, provides or sponsors many fringe benefits. Some are uniform across bargaining units while others are not. NOTE: As economic agreements are negotiated, or as the coordinated compensation process is completed, the status of benefits may change. If you are a represented employee, you should consult your bargaining unit agreement. If you are non-represented, consult Civil Service Rules and Regulations. Information for some benefits is also available on the Employee Benefits web site. As of the date of the issuance of this handbook, the following types of benefits are currently offered: Initial Leave Grant Upon entry into the classified service, an eligible employee is credited with an initial annual leave grant of 16 hours, which is immediately available for use. The 16 hours of annual leave cannot be credited to an employee more than once in a calendar year. Usage of these hours must be recorded in SIGMA Employee Self Service (ESS) by selecting the Initial Leave Grant (ILG) hours type from the drop down menu. Annual and Sick Leave Classified employees are credited with annual and sick leave hours on a biweekly basis based on hours worked. Hours are available for use in pay periods subsequent to the pay period in which they are earned. Detailed information is provided in Section 8, Leave and Attendance, of this handbook. Personal Leave Career employees with at least six (6) months of continuous satisfactory service are credited with personal leave hours on October 1 of each year; these hours are added to the employee s annual counter and are used in the same manner as annual leave. If you are at or near your annual leave cap you may not receive your full personal leave grant. Non-exclusively represented employees should refer to Civil Service Regulation for more information. Exclusively represented employees should refer to their bargaining unit agreement. Fringe Benefits 26 School and Community Participation Leave Each October employees are granted eight (8) hours of school and community participation service leave. The purpose of this leave is to encourage employee participation in school and community events. See School and Community Participation Leave in Section 8 for more information. Holidays Full-time career employees are allowed eight (8) hours of paid absence on designated holidays; part-time employees generally receive a proportionate amount of paid holiday hours. The following are designated holidays: Holiday Day of Observance New Year s Day January 1 Martin Luther King Day Third Monday in January President s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Fourth Thursday in November Election Day General Election Day (even numbered yrs) Day after Thanksgiving Friday following Thanksgiving Christmas Eve December 24 Christmas Day December 25 New Year s Eve December 31 A holiday that falls on Saturday is typically observed on the preceding Friday. A holiday that falls on Sunday is typically observed on the following Monday. When Christmas Eve or New Year's Eve falls on Friday, the holiday may be observed on the preceding Thursday. When Christmas Eve or New Year's Eve falls on Sunday, the holiday may be observed on the preceding Friday. A career employee qualifies for paid holiday absence by being in full pay status on: The holiday itself, as demonstrated by actually working on the holiday; or, The last scheduled workday immediately preceding the holiday and the first scheduled workday following the holiday when both days fall within the same bi-weekly work period; or, The last scheduled workday immediately preceding the holiday when the holiday occurs or is observed on the last scheduled workday of the bi-weekly work period; or, Fringe Benefits 27 The first scheduled workday following the holiday when the holiday occurs or is observed on the first scheduled workday of the bi-weekly work period, except that newly hired employees are not eligible for holiday pay when the holiday is observed on the first scheduled workday of the initial biweekly work period. Lost time the day before or after a holiday may disqualify you from a paid holiday. For more detailed information, see Civil Service Regulation Insurance Programs As a State of Michigan employee, you have the opportunity to select the insurance coverage that allows you to build a benefits package that is best for you and your family. All of the insurance programs available are described in separate brochures on the Civil Service Employee Benefits web site. When an employee is first hired, he/she will have thirty-one (31) calendar days in which to enroll in insurance programs selected from among those available. Coverage will be effective on the first day of the bi-weekly payroll period following EITHER your first day of employment OR the date the enrollment process is completed, whichever is later. There may be some differences in the coverage for which employees are eligible depending on the bargaining unit and whether the employee is employed on full-time or part-time basis. A Benefits Overview can be accessed from the Civil Service website. Insurance Open Enrollment The insurance programs also have open enrollment periods that are scheduled annually, usually during the month of July and/or August, and are normally effective the first full pay period in October. During this time you may add or change your coverage or covered dependents. Otherwise, changes may be made only by occurrence of a life status change such as birth of a child, marriage, divorce, moving out of a HMO coverage area, etc. For questions on life status changes contact the MI HR Service Center at 1-877-766-6447. COBRA Under certain conditions, coverage for you or your covered dependents can be continued for group health, dental, and vision insurance when it would otherwise have been discontinued. This opportunity is given under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), and requires that the State of Michigan offer continuing group health care insurance coverage to employees who leave State employment either voluntarily or involuntarily (except for gross misconduct). Termination or reduction of hours, layoff, leave of absence, death of a spouse or parent, and divorce or separation from spouse are some situations in which you or your dependents may be able to continue coverage. When given the opportunity, you or your dependents must decide Fringe Benefits 28 within sixty (60) days if continued coverage is desired. Coverage can be continued for 18 to 36 months depending on the circumstances, and you or your dependent will be responsible for paying the full cost of the premium (your share plus the state s share). Detailed information is available from Civil Service Internet site or the LARA Office of Human Resources. Life Insurance Life insurance is provided for the employee at no cost, with the State of Michigan covering the full premium cost. There are two plans: State Life Insurance Plan: This plan pays your beneficiary nontaxable death benefits equal to 200 percent (or two times) your annual salary (your hourly pay rate X hours). If you choose enrollment in this plan, you are insured for at least $10,000, but no more than $200,000. Upon retirement, your life insurance benefit is automatically reduced to 25 percent of your pre-retirement coverage. This plan will also pay your beneficiary a $100,000 duty death benefit if your death is caused by an accidental personal injury arising out of your employment with the State of Michigan. The first $50,000 of your basic life insurance benefit is considered non-taxable income under federal tax law. However, the employer s cost of the benefit over $50,000 is taxable and the imputed income is added to your final W-2 earnings. Reduced Benefit Life Insurance Plan: This plan will pay your beneficiary a nontaxable death benefit equal to 100 percent of your annual salary. You will be insured for at least $10,000 but no more than $50,000. The State of Michigan covers the full cost of this plan and you will receive a biweekly cash rebate for enrolling. Because the amount of the death benefit is $50,000 or less, this plan is completely non-taxable. At the time of retirement your death benefit will be 25 percent of the reduced pre-retirement benefit. The plan also provides the same $100,000 duty death benefit as the State Life Insurance Plan mentioned above. The life insurance life insurance plan booklet provides more specific information about your benefit. Health Insurance Health insurance is sponsored by the State of Michigan and is optional to the employee. The percentage of the premium paid by the Department of Licensing and Regulatory Affairs depends on your initial hire date, work schedule ( full-time vs. part-time), bargaining unit, and plan selected; any remaining premiums are paid by the employee through payroll deductions. There are three basic health coverage options: Fringe Benefits 29 STATE HEALTH PLAN (Preferred Provider Organization, PPO, administered by Blue Cross Blue Shield of Michigan): Under this plan, members choose their in-network providers from the BCBSM Preferred PPO Network. You have the freedom to go to out-of-network providers but will be required to pay additional out-of-pocket costs. Prescription medications are covered under the Participating Pharmacy ID Card Plan administered by a third party administrator. Cost varies for brand name drugs versus generic drugs (if available). Cost also varies based on an employee s bargaining unit. For current plan costs refer to the rate charts on the Employee Benefits website. Exclusively represented employees should also consult their bargaining unit agreement. Mental health/substance abuse treatment services under the State Health Plan PPO are managed by a third party administrator. Refer to the State of Michigan Mental Health and Substance Abuse Information Guide for more information. HEALTH MAINTENANCE ORGANIZATION (HMO): An HMO is a managed care plan that provides medical care through its network of physicians, pharmacies, contracted hospitals, and medical care suppliers. You can choose your own primary care physician who will provide direct care or make referrals within the network. Not all geographic areas of the state have an HMO available to them and some have more than one. The geographic coverage area of the HMO will determine whether this is an option you can consider. An HMO typically provides medical services or authorizes them to be provided by another person or facility without an out-of-pocket cost to the covered person or with a small co-pay. You should be aware that if you change your address, you may have moved outside of your HMO s geographic area. You should contact the MI HR Service Center at 1-877-766-6447 if this occurs. CATASTROPHIC HEALTH PLAN (BCBSM): This is a hospitalization-only plan intended as an option if you are over-insured because you have coverage elsewhere ( , through a spouse who works for another employer). This plan covers hospitalization only. It does not cover prescription charges, office visits, or other major medical services. The State of Michigan will cover the full premium cost of this plan, and you will receive a $50 cash payment in your biweekly paycheck for enrolling. Specific covered services differ between the State Health Plan PPO and any single HMO and even among the different HMO s. Read the available information on the Employee Benefits website and choose carefully to meet your individual needs. Dental Insurance Dental coverage is provided under three different plans: Fringe Benefits 30 STATE DENTAL PLAN (Delta Dental Plan of Michigan): If you choose this plan, the State of Michigan will cover a share of the total premium, and you will pay the remaining premium cost through payroll deduction. The types of services generally covered include preventative and diagnostic (cleaning, oral exam), restorative (fillings, crowns), prosthodontics (bridges, dentures), and orthodontics. This service may be subject to dollar benefit maximums, age limitations, and normal and reasonable fee limitations. PREVENTIVE DENTAL PLAN (Delta Dental Plan of Michigan): This plan covers diagnostic exams, x-rays, and cleanings to the same extent as the State Dental Plan; however, no other services are covered. This plan is intended as an option if you are over-insured because you have dental coverage elsewhere ( , through a spouse who works for another employer). The State of Michigan will cover the full premium cost of this plan if you are a full-time employee, and you will receive a $100 annual lump sum cash payment for enrolling. DENTAL MAINTENANCE ORGANIZATION (DMO) (Midwestern Dental Plans): This is a managed care dental plan that provides all necessary dental care and services at Midwestern Dental Plans dental care centers. There are no member co-payments required for any covered dental care received at a dental center, except for a $1,250 orthodontics co-payment for adults (age 19 and older). There are no benefit maximums. The State of Michigan will cover the full premium cost of this plan if you are a full-time employee. Please refer to the State Dental Plan booklet for additional information. Vision Insurance If you are a full-time employee, the State of Michigan currently covers the full premium cost of this plan with no cost to you. The vision plan covers routine vision examinations and glaucoma testing once in every 12 consecutive months, as well as corrective lenses and/or eyeglass frames once in every 24 consecutive month period (or once in every 12 months if your prescription changes); you are responsible for a co-payment for the exam and lenses/frames. Please refer to the State Vision Plan web site for additional information. Long-Term Disability (LTD) Insurance LTD is an income protection plan for employees who exhaust their accumulated sick leave but are still unable to work. If you choose this benefit, the state pays a portion of the premium and you pay any remaining premium through payroll deduction. The dollar amount of the premium is based on your sick leave balance and rate of pay; therefore it is subject to change as your sick leave balance and pay rate change. Fringe Benefits 31 To File a Long-Term Disability Claim If you have exhausted your sick leave but remain disabled, you must contact the Disability Management Office (DMO) at 877-766-6447; see the DMO website for additional information. If you are enrolled in the LTD plan and are eligible for benefits, your claim must be reported to the third party administrator who will then send you a packet containing the necessary forms and information to file for LTD benefits. The long-term disability plan booklet provides additional information. Long-Term Care Insurance Long-term care insurance helps pay for costs associated with special care or services that may be necessary due to illness, an accident, or as a result of the aging process which have made you unable to take care of yourself. Generally it refers to expenses not usually covered by health or disability insurance such as assistance with everyday activities like eating, dressing, bathing, and toileting. To be eligible for this benefit, employees must have signed up prior to July 1, 2013. Additional information on long-term care insurance is available on the Civil Service website. Voluntary Benefits Options (Benefits for Life) This program offers career employees the opportunity to obtain additional insurance coverage that can be continued even when the employee no longer works for the State of Michigan. Depending on the plans selected, coverage is available to eligible employees, their spouse, their children, and their grandchildren. All premiums applicable to any selected benefits are paid entirely by the employee via payroll deduction. Coverage options currently include: accident insurance, accidental death and dismemberment insurance, discount plan, legal plan, supplemental term life insurance, universal life insurance, critical illness insurance, and auto and home insurance. Employees must contact the Benefits for Life Call Center to enroll. Additional contact and benefit information is available on the Civil Service Employee Benefits web site. Employees that go off payroll for any reason must contact the Benefits for Life Call Center to make payment arrangements to avoid a lapse in coverage. Deferred Compensation Deferred compensation, a method of deferring a portion of your income into a tax sheltered savings fund, is available to all employees through two different plans. The Deferred Comp I (457 Plan) and Deferred Comp II (401K Plan) - both a pre-tax and Roth IRA account - are administered jointly by the Department of Treasury and the Office of Retirement Services through ING. You can decide if you wish to participate in either program and determine the dollar amount you wish to defer through payroll deduction. The maximum amount you may Fringe Benefits 32 defer annually is subject to Internal Revenue Service regulations and is adjusted every year. New enrollment or changes in the amount of your deduction can be made at any time. New employees hired on or after March 31, 1997 and employees who converted from the defined benefit retirement plan to the defined contribution retirement plan are members of the Deferred Comp II plan for retirement purposes. Refer to the Retirement section below. These employees may also participate in the Deferred Comp I plan. You may access your account information through the ING website or by calling (800) 748-6128. Dependent Care and Medical Care Spending Accounts Dependent care and medical care spending accounts allow employees to set aside money from their gross salary (before taxes) to pay eligible expenses for child and other dependent care and for medical care. By setting aside money from gross salary, social security, federal, state, and local income taxes are reduced. This enables the employee to pay for dependent care expenses and medical care expenses with tax-free dollars. Open enrollment for these programs is typically held in November and employees must re-enroll each year. Additional information is available on the Civil Service Flexible Benefits website. Qualified Parking Spending Account Since 2001, employees who park in state-owned or state-leased parking facilities have been eligible for payroll deductions on a pre-tax basis to pay for their parking. The Qualified Parking Spending Account enables employees who park in non-state facilities to authorize bi-weekly payroll deductions on a pre-tax basis and then request reimbursement from the spending account to cover parking expenses. Visit the Civil Service website for more information on the program and for instructions on how to enroll. Retirement There are two different retirement plans covering State of Michigan employees: Defined Benefit and Defined Contribution. Defined Benefit Plan For employees hired prior to March 31, 1997: Employees hired before March 31, 1997, are members of the State Employees Retirement System (SERS) Defined Benefit Plan, unless they converted to the Defined Contribution Plan. Under this plan, an employee s pension will be paid by the State of Michigan at the time of retirement. The State Employees Retirement Act requires that all state agencies pay an actuarially determined percentage of their payroll as the employer retirement contribution. This mandatory employer contribution is deposited with SERS and is not refundable to the employee or employer. An SERS member is entitled to receive a monthly retirement allowance after: Fringe Benefits 33 Attaining age 60 with 10 or more years of state service. Attaining age 55 while still working with 30 or more years of state service. Attaining age 55 while still working with at least 15 but less than 30 years of credited service. The retirement allowance is permanently reduced percent for each month from the member s age on the effective date of retirement to the date the member will attain age 60. Under this plan, the employee is vested only after acquiring ten (10) years of service. Any state employee with 10 or more years of state service who terminates employment, but has not reached retirement age as indicated above, is a deferred member of SERS and is entitled to receive a monthly retirement allowance upon reaching age 60. Employees who terminate employment prior to acquiring 10 years of service are NOT entitled to receive any retirement allowance because they are not vested in the retirement plan. Purchasing Service Credit Defined Benefit Plan members can purchase additional service credit by direct payment, roll over of funds from a qualified retirement plan, or by signing up for a tax deferred payroll (TDP) deduction. Types of service credit that may be purchased are: Repayment of Refunded Contributions Military City/County/Township/Village (Michigan Court of Record) Other States/Federal Universal Buy-In Maternity/Paternity/Child Rearing University Service Michigan Public School Service Each type of service credit has specific eligibility requirements. The only type available to everyone is Universal Buy-In. You should contact Retirement Services for additional information. For details on the defined benefit program, visit the SERS website. Members of the defined benefit program can also access specific information about their retirement account at the ORS MIAccount website. Defined Contribution Plan This retirement plan is an extension of the Deferred Compensation Plan II 401(k) Plan and includes employees hired on or after March 31, 1997 and employees who elected to convert to the plan. Under this plan the State of Michigan makes a mandatory contribution equal to 4 Fringe Benefits 34 percent of an employee s gross salary. Additionally, the employee may make additional contributions subject to Internal Revenue Service regulations, of which the State of Michigan will match up to 3 percent of the employee s contribution. Essentially, the state will automatically contribute 4 percent to your retirement, but if you choose to make contributions as well, the state will additionally match up to 3 percent of what you contribute. This defined contribution plan is a portable plan in that once an employee is vested and leaves state employment he/she may take the contributions with him or her and roll them into another plan such as an IRA account. It is recommended that you consult your tax advisor for information and advice. Under this plan, vesting in employer contributions is as follows: After 2 years of service, the employee is 50 percent vested After 3 years of service, the employee is 75 percent vested After 4 years of service, the employee is 100 percent vested Information on the defined contribution program is available at the ING website by clicking on the Guide to Benefits for Defined Contribution Retirement Plan Participants or by contacting ING at 1-800-748-6128. Employee Services Program The Employee Services Program (ESP), overseen by the Office of the State Employer (OSE), is available to aid all State of Michigan employees and their family members who may be experiencing personal problems. The program provides skilled persons to assess the problem and provide counsel, support, and referral if required. Employee Services staff will follow the individual through treatment and/or while working on the job. Confidentiality of information is maintained for employees and family members involved. Information regarding assessment or treatment will not become part of the employee s personnel file. You are entitled to administrative leave for your initial consultation with the Employee Services Program. However, you must obtain prior approval from your supervisor and the LARA Office of Human Resources to use administrative leave. Sick leave and/or annual leave may be used for subsequent appointments. For additional information on the Employee Services Program refer to the OSE ESP web page. You may contact the Employee Services Program at: In Lansing: 517-373-7630 Toll free Lansing: 1-800-521-1377 In Detroit: 313-456-4020 Toll free Detroit: 1-800-872-5563 Fringe Benefits 35 Traumatic Incident Stress Management (TISM) The Employee Services Program also operates a Traumatic Incident Stress Management Program which provides comprehensive support services to state employees who are impacted by traumatic situations that occur in the workplace. Traumatic incidents are often sudden, unexpected, short in duration, outside our everyday experience, and have the potential to interfere with our normal coping skills and functioning. Some examples of traumatic incidents that may occur in the workplace are sudden illness or death, serious injury or assault and even suicide or homicide. TISM services are voluntary, confidential and are designed to validate and normalize acute stress reactions, accelerate recovery and reduce the risk of long-term stress. TISM services are not a form of therapy nor are they an operational critique or investigation. Questions and requests for services or information should be directed to the State TISM Coordinator at 1-800-521-1377 or the LARA Office of Human Resources at (517) 373-4769. Educational Assistance/Partial Tuition Reimbursement The Department of Licensing and Regulatory Affairs will reimburse employees for education/training that is both mandated and funded by federal law for credentialing purposes. The reimbursement request must be submitted to the supervisor on the Request for Training/Tuition Authorization for Payment form (C-24); reimbursement is contingent on final approval by the Office of Human Resources. Other departmental educational assistance and tuition reimbursement has been suspended until further notice. However, non-represented employees may be eligible for partial reimbursement from the OSE Professional Development Fund by completing the DMB-115-OSE Reimbursement Application form. Additionally, exclusively represented employees should refer to their bargaining unit contract for possible availability of tuition reimbursement/training benefits. Workplace Ergonomics Ergonomics is the term used to describe the relationship between the employee and his or her work environment. The Department of Licensing and Regulatory Affairs is concerned with preserving the health and safety of its employees, and is committed to the reduction or elimination of adverse conditions in the workplace. If you have an ergonomics concern, you should notify your supervisor who, in turn, will notify the department s Ergonomics Coordinator. A completed Ergonomic Assessment Request by Employee form and medical documentation will be required. Additional information is available from the OHR Equal Opportunity web page. Fringe Benefits 36 VDT/CRT (Computer Monitor) Operator Reimbursement Non-represented employees and certain bargaining unit employees who require a second pair of glasses because of working on VDT/CRT computer monitors can be partially reimbursed for their expenses. Bargaining unit employees should consult their respective bargaining unit agreement to determine if they are covered under this benefit. Reimbursement by the department is appropriate only when the employee requires a second pair of glasses which are a different prescription than the first and are required because of working on VDT/CRT equipment. These provisions would not cover an employee obtaining glasses for working on the VDT/CRT who does not otherwise wear glasses. The reimbursement process does not cover eye examinations. Reimbursement requests are submitted using the SIGMA ESS. Reasonable Accommodation The State of Michigan is committed to providing reasonable accommodation in the workplace for qualified employees and applicants with disabilities. Reasonable accommodation shall be provided to qualified Department of Licensing and Regulatory Affairs employees with disabilities who require accommodation in order to perform their essential job functions, unless such accommodation would cause an undue hardship (as defined by the Americans with Disabilities Act). The LARA Office of Human Resources has the responsibility for processing reasonable accommodation requests from qualified employees with disabilities. Following is a summary of the procedure: If an employee with a disability needs an accommodation to perform the essential functions of their job, it is the employee s responsibility to initiate the process of seeking an accommodation by completing a Disability Accommodation Request and Medical Statement form (CS-1668) available from the OHR Equal Opportunity web page. It is recommended that employees discuss their need for accommodation with their immediate supervisors. The completed CS-1668 form is sent to the department s Reasonable Accommodation Coordinator (RAC) in OHR. Medical documentation in support of the request should accompany the accommodation request form. This information is to be provided on the back of the CS-1668 by the treating physician. The medical documentation should specify the disability for which an accommodation is needed. The documentation should also include a description of the functional limitations for which an accommodation is being requested. Fringe Benefits 37 If an employee submits their request to their immediate supervisor, the supervisor must forward the complete package to the RAC in OHR. Employees will be notified if they submit incomplete documentation or if additional documentation is needed to process the request. The RAC approves or disapproves the requested accommodation. Purchases for reasonable accommodation equipment or supplies are not to be made unless an approved Reasonable Accommodation Request and Medical Statement form (CS-1668) is on file and the Office of Human Resources has authorized the purchase. The personnel liaison should monitor reasonable accommodation purchases to ensure that authorization has been given. A final response to the request should be provided within eight weeks after the date the completed accommodation request is received. If necessary, follow up with your Accommodation Coordinator or other designated official. If an accommodation is denied by the RAC, an employee may appeal this decision via the grievance process. You may refer to Civil Service Regulation for additional information. NOTE: As economic agreements are negotiated, or as the coordinated compensation process is completed, the status of benefits may change. If you are a represented employee, you should consult your bargaining unit agreement. If you are non-represented, consult Civil Service Rules and Regulations. Information for some benefits is also available on the Employee Benefits web site. Fringe Benefits 38 This page intentionally left blank. Leave and Attendance 39 8. LEAVE AND ATTENDANCE General The following provisions are applicable to all employees of the Department of Licensing and Regulatory Affairs; however, exclusively represented employees will be governed by their bargaining unit agreement if it is in conflict with these provisions. You may refer to the LARA Alternative Work Schedule policy (G-03) for more information regarding work hours. Bargaining unit agreements can be found at the OSE website. Hours of Work The standard workweek for most employees is Monday through Friday, 8:00 to 5:00 , with a 60-minute lunch and two 15-minute breaks. However, your daily schedule may be different dependent upon the type of work you do. Normally, the workweek begins Sunday at 12:00 and ends Saturday at 11:59 A pay period consisting of two workweeks or a total of 80 hours is standard for state employees. Your pay, benefits, and scheduling is based on the pay period cycle. Lunch Break If you work a regularly scheduled workday, you will normally be provided with an unpaid lunch period of 60 minutes. A shorter lunch period may be permitted with modified work schedules or as approved by your supervisor. Rest Periods (Breaks) Rest periods of 15 minutes are generally taken at mid-morning and mid-afternoon and should be scheduled with your supervisor. Additionally, it is your responsibility to coordinate your rest periods with your co-workers and supervisor. Rest periods are not cumulative and may not be used to make up lost time or result in a shorter overall workday. Alternative Work Schedule An alternative work schedule is an approved work schedule that maintains eighty (80) hours of work per pay period and is not strictly composed of 8 starting and 5 ending times. Starting and ending times remain consistent for the pay period and are not flexible or subject to change at the employee s discretion. Established work schedules will be in the best interest of the Department of Licensing and Regulatory Affairs. LARA bureaus have the option of participating in modified work hours Leave and Attendance 40 based on their own business needs. You can check with your manager or your bureau s personnel liaison to determine participation. Alternative work schedules may be requested by employees and approved by the bureau on a voluntary basis. To be eligible to participate in the Alternative Work Schedule program, employees must be full-time and be in good standing. Additionally, employees must work for the Department of Licensing and Regulatory Affairs for 12 consecutive months to be eligible for a Compressed Work Schedule. LARA policy requires that an employee complete an Alternative Work Schedule Request form (C-33) to request a compressed work schedule (any schedule not strictly composed of ten eight (8) hour work days). Required completion of the C-33 form for a Modified Work Schedule (one that consists of ten eight (8) hour days but is not strictly composed of an 8 starting and 5 ending time) is at the discretion of the bureau director. Please refer to the LARA OHR Internet page for more details on the Alternative Work Schedule policy (G-03). Voluntary Work Schedule Adjustment Program There are two (2) plans under this program that allow for employees to work a reduced schedule if operational needs allow, and is permitted by management: Plan A allows an employee to work a reduced work schedule of up to sixteen (16) hours a pay period, with the concurrence of the supervisor. Plan C permits an employee to take one (1) unpaid leave of absence during the fiscal year of not less than one (1) pay period and up to a maximum of a three (3) months, during which the employee may elect to continue his or her state-sponsored group insurance coverage by prepaying the employee s share of the premium prior to commencement of the leave. You must be a full-time employee to participate in Plan A. Both full and part-time employees may participate in Plan C. To participate in either of these plans, you must complete the Voluntary Work Schedule Adjustment Agreement form and obtain signed approval from your supervisor and final approval from the Office of Human Resources. An employee approved for Plan A may not utilize Plan A hours during a period of extended leave. Plan C may be approved during an FMLA leave, provided the leave is a qualifying event. You must contact OHR for clarification. See Civil Service Rule for more information. Exclusively represented employees should refer to their bargaining unit agreement. Leave and Attendance 41 Telecommuting The Department of Licensing and Regulatory Affairs considers employee requests to telecommute on a case-by-case basis. Approval or denial of a submitted request is at the discretion of the appointing authority and denial or rescission of a telecommuting request cannot be grieved. Employees must submit a completed Telecommunication Application and Agreement form to their supervisor to request approval to telecommute. See the State of Michigan, Office of the State Employer Telecommuting Guidelines for more information. Attendance/Absenteeism It is necessary that employees maintain a good record of punctuality and attendance so that the Department of Licensing and Regulatory Affairs can serve the public efficiently. You are expected to schedule such things as medical appointments or personal business appointments on non-duty hours to the extent possible. Advance notice and approval of a planned absence is required for your benefit and that of your work unit. Occasionally, incidents occur which may result in an unplanned absence from work or a delay in your arrival. When this happens, it is your responsibility to notify your supervisor or his or her designee within 60 minutes after your workday starts unless operational needs require an earlier call in time as directed by management. Notice to your supervisor of your absence does not constitute approval of either sick or annual leave use. Whether or not leave use will be approved depends upon the individual circumstances. Punctuality All employees are expected to report to work on time according to their specific work schedule. Tardiness may result in counseling, required use of leave credits, assessment of lost time, and/or some appropriate form of discipline. Absence Without Leave If you do not obtain prior approval for an absence, fail to contact your supervisor or his or her designated alternate, or fail to provide an adequate reason for unplanned (emergency) use of sick leave or annual leave, you may be considered as absent without leave. Normally, this will result in loss of pay for the time not worked (lost time), as well as possible disciplinary action. If you are absent for three work days without authorization, you will be considered to have vacated your position and you can be separated from employment. Excessive absenteeism is taken seriously by the department because it can impede efficient service to the public and place undue hardship on fellow employees. The following are examples of when an employee may be considered excessively absent. The listing is not intended to be all-inclusive. Leave and Attendance 42 The employee fails to satisfy their supervisor that there was sufficient reason for the absence, or that, even though there was good reason; the employee did not take necessary steps to alleviate the conditions causing absence. The employee s absence forms a questionable pattern. A questionable pattern may be defined as: Continual use of sick and/or annual leave as soon as it is accumulated. Absence from work for two or more days a month on a recurring basis. Absence from work on a regular continuing basis on a given day of the week such as Monday or Friday or days following holidays or paydays. Continual absences of questionable validity. These absences may be for the entire day or a portion of a day, or may be repeated, unplanned absences for short periods at the start of a workday in which the use of sick leave or annual leave has been requested. An employee whose attendance record contains excessive or questionable absenteeism will have their records reviewed periodically by their supervisor. Depending on the results of the review, appropriate action, which may range from meeting with the employee to dismissal, may be taken. Covering Absences from Your Job Because management is responsible for adequate staffing to perform day-to-day operations, your supervisor should know your whereabouts during work hours and approve or disapprove your absence from the job. The most common ways of covering your absence are by using annual leave, sick leave, or administrative leave. It is the responsibility of both you and your supervisor to see that these types of leave are used properly. Leave Types and Use Administrative Leave You may be granted administrative leave for some absences for which annual, sick, or other leave with pay is not appropriate. This leave may be granted with prior approval at the discretion of the department or bureau director. Administrative leave may be approved in the following instances: To take Civil Service examinations that have been scheduled during regular work hours related to the work of the Department of Licensing and Regulatory Affairs, Leave and Attendance 43 To participate in interviews for positions within the Department of Licensing and Regulatory Affairs. Interviews for positions at other departments require use of annual leave, To appear before Civil Service appeal boards, To attend a grievance conference in the capacity of representative, the aggrieved, or as a necessary witness, To appear, if subpoenaed, before a court as a witness for the people to testify related to regular job functions, For your initial referral to the Employee Service Program, For the remainder of your shift on the first day of a duty-incurred injury, If the office is closed for extraordinary circumstances ( , bad weather, utility loss, etc), and the employee is available for work. Note: If there is inclement weather and it is decided your office will remain open but you decide not to come to work, you are required to phone in your absence to your supervisor and annual leave may be used with supervisor approval, To serve as a juror (refer to Jury Duty on page 48), or To donate blood. Annual Leave Annual leave is paid time off that you earn as you work. Career employees, regardless of their work schedule (full time, part time, intermittent, or seasonal), shall be credited with annual leave at the end of the biweekly work period. When paid service does not total 80 hours in a biweekly work period, a prorated amount of leave is credited. The amount of annual leave that you accrue each pay period and the maximum amount of annual leave that you may accumulate depends on your seniority as indicated in the chart below. Your current annual leave balance is shown on your online biweekly earnings statement and is also available from your self-service account. ANNUAL LEAVE TABLE Years of Service Hours Accrual Maximum Accumulation Maximum Payoff Less than 1 0-2,079 296 256 Leave and Attendance 44 1 5 2,080-10,399 296 256 5 10 10,400-20,799 311 271 10 15 20,800-31,199 326 286 15 20 31, 341 301 20 25 41,600-51,999 346 306 25 30 52,000-62,399 356 316 Years of Service Hours Accrual Maximum Accumulation Maximum Payoff 30 35 62,400-72,799 356 316 35 40 72,800-83,199 356 316 40 45 83,200-93,599 356 316 45 and above 93,600-103,999 356 316 When an individual is newly appointed to classified service, he/she is given an initial grant of 16 hours of leave that can be utilized in the same manner as annual leave. This 16 hour grant is maintained in a separate initial annual leave grant counter. This was discussed in Section 7, Fringe Benefits. Annual leave is available for use only in biweekly work periods subsequent to the biweekly work period in which it is earned. The time may be used for many different reasons, such as an hour for a conference with a child s teacher, two weeks for a vacation, or a half a day to wait for furnace repair. It is required that you obtain your supervisor s approval prior to using annual leave, unless there are extenuating circumstances like a flat tire on the way to work. Bureaus may require employees to use SIGMA ESS to submit annual leave requests to their supervisor. A career employee is eligible to receive credit for annual leave accrual for service in a non-elective excepted or exempted position in a principal department, the legislature, or the supreme court if entry into or return to the classified service is within 28 days after leaving the excepted or exempted position. Please contact OHR if this provision is applicable to you. Also, if you have served in the armed forces on active duty, you may be entitled to a maximum credit, not to exceed five (5) years, for annual leave accrual purposes. It is your responsibility to submit proper documentation to the LARA Office of Human Resources within 720 hours of being hired for credit retroactive to your date of hire. Any of the following documents service to provide proper documentation: Leave and Attendance 45 Certificate of Honorable Discharge Certified copy of Honorable Discharge Photocopy of Honorable Discharge Certificate of Honorable Active Military Service Certificate of Service Photocopy of Certificate of Service Report of Separation General Discharge Certificate If transferring to another department, up to 80 hours of annual leave will be automatically transferred. Additional hours may transfer with the consent of the employee s new department; the request to transfer additional hours must be provided in writing to the LARA OHR prior to departure. At separation or retirement, unused annual leave hours up to the designated allowable maximum payoff hours as indicated in the chart above, will be paid off to you at your rate of pay at the time of separation. An employee who has separated from service and then returns must re-qualify for additional annual leave by serving a new five (5) year continuous employment period. During this period, the employee will accrue annual leave at the same rate as a new employee. After five years of equivalent full-time service has been completed, the employee is given credit for any prior service time and may receive a higher accrual rate. Exception: An employee who retires and begins to receive retirement benefit payments and then returns to employment cannot regain the prior service credit. Civil Service Regulation provides additional information about annual leave accrual, use, etc. Voluntary Donation of Annual Leave Collective bargaining agreements and Civil Service regulations allow for the direct transfer of annual leave credits from one employee to another within the same employing department if the receiving employee meets certain eligibility requirements, and/or donation of accrued annual leave credits to a central bank to be used by eligible employees from any state department. Employee donations are irrevocable. Donation forms are available from the OSE Forms website. Employees with status who are facing financial hardship because of an absence due to serious injury or prolonged illness of the employee or certain family members may be eligible to receive donated hours either by direct transfer from other LARA employees or from the central Leave and Attendance 46 leave bank. The receiving employee must exhaust all leave credits and meet other qualifying criteria to be receive donated hours. Request forms are available from the OSE Forms website. Non-presented employees should reference Civil Service Regulation and represented employees should consult their collective bargaining agreement for specific information regarding provisions applicable to them. Banked Leave Time A Banked Leave Time (BLT) program was instituted during some prior fiscal years. Each bi-weekly pay period, affected employees gross wages were reduced by the number of hours negotiated in each collective bargaining agreement for represented employees or as determined by the Civil Service Commission for non-exclusively represented employees. These hours were credited to the employee as Banked Leave Time, and may be utilized consistent with the usage of annual leave. Employees separating from state service will have the value of unused BLT hours contributed to their State of Michigan 401(k) account. If you do not have a 401(k) account, one will be established for you. Deferred Hours Under a Voluntary Pay Reduction Plan implemented several times over the years, some employees accumulated deferred hours. These hours are counted separately from annual leave in terms of time and attendance records, but are used in the same way as annual leave. In the event you transfer to another state department, you may transfer your deferred hours or be paid off for them. When you leave state employment, any remaining deferred hours balance will be paid at your last rate of pay. Jury Duty If you receive a jury duty summons, you should notify your supervisor and the department s Office of Human Resources immediately. If selected for jury duty, you should obey the summons; failure to do so may cause you to be considered in contempt of court. Time spent on jury duty will be treated like administrative leave but recorded in SIGMA ESS as JUR1 (Jury Duty Shift 1) from the hours type drop down. This means you will receive full pay while you are serving on a jury as long as you reimburse the department for the jury duty pay received from the court. After serving jury duty, you must submit to OHR written documentation from the court indicating the dates and time served and the monies received for jury duty pay. A negative gross pay adjustment will then be processed in HRMN to recoup the jury duty fee amount from your next pay check. If you do not provide the appropriate Leave and Attendance 47 documentation to initiate reimbursement to the state for jury duty fees, the jury duty administrative leave hours will be changed to annual leave. If you prefer, you may use annual leave while on jury duty and keep the jury duty pay. While you are on call for jury service but are not impaneled for actual service, you are required to report to work unless authorized by your supervisor to be absent. The procedure to receive administrative leave for jury duty is: Promptly provide a copy of the jury duty summons to your supervisor. Notify your supervisor of the jury duty schedule on a daily basis at or before the beginning of your scheduled workday. Complete a bi-weekly pay record (SIGMA ESS) certifying each period of time actually served on jury duty for which administrative leave is requested. After receiving payment from the court for jury duty service, submit to OHR written documentation provided to you by the court indicating the date(s) and time(s) served and the monies received for jury duty pay so the appropriate reimbursement can be taken from your next pay check. While serving as a juror, you are expected to report for work during any regularly scheduled work hours in which attendance in court is not required. See the LARA Jury Duty policy (G-24) for more information. Note: You are not required to reimburse the state for mileage or meals reimbursement received from the court. School and Community Participation Leave Each October active career employees receive eight (8) hours of school and community participation leave. This leave is intended for active participation in school activities to promote educational success such as tutoring, classroom programs, field trips, or assisting with athletic or other school programs, or for participation in structured secular community activity sponsored by a governmental agency or a non-profit community organization. The leave is not intended for mere attendance at school or community events. School and community participation leave must be used in one hour increments and may only be used for qualifying events occurring during the employee s scheduled work time. Prior approval from the supervisor must be obtained for use of school and community participation leave in a manner determined by the supervisor. When submitting time, appropriate comments must be entered in the SIGMA ESS timekeeping system to include the following information: Leave and Attendance 48 School name or community activity sponsor Event name/description Description of volunteer service provided by the employee Time period the employee performed the volunteer service It is the supervisor s responsibility to ensure that school and community participation leave use is approved only for qualifying events and that the required information indicated above is included in SIGMA ESS before approving the employee s time. Please see Civil Service Regulation for more information. The Office of Human Resources may be contacted with questions concerning the types of school or community activities for which this leave may be used. Represented employees should refer to their respective bargaining unit agreement as provisions may vary between bargaining units. Sick Leave Sick leave is paid time off that you accrue as you work. It is to be used primarily in cases of your own illness or injury, but it is also permissible to use sick leave when there is an illness or death in your immediate family. Sick leave is accrued at the rate of four (4) hours per completed 80-hour pay period and may be accumulated without any maximum. Employees who work less than 80 hours during the pay period receive a prorated sick leave accrual. If you know in advance that you must use sick leave, such as for dental or medical appointments or to attend a funeral, you must obtain prior approval from your supervisor. Bureaus may require employees to use SIGMA ESS to submit sick leave requests to their supervisor. All sick leave use must be recorded in SIGMA ESS with an appropriate sick leave comment, personal illness; illness of child; doctor appointment, etc. When an illness qualifies under the Family and Medical Leave Act and you have received approval from the DMO for an FMLA leave, you must use the FMLA hours types when entering your time and state FMLA in the comments section in SIGMA ESS. If you have a question about whether your absence qualifies under FMLA, please call the Disability Management Office at 877-766-6447. When you are unexpectedly sick or unable to report to work, it is your responsibility to notify your supervisor (or his/her designee if the supervisor is unavailable). Unless there are mitigating circumstances, you must call within 60 minutes of your starting time to report your absence, unless operational needs require an earlier call in time as directed by management. At the time of call-in you must give the reason for your absence. If the absence is due to an illness of a member of your immediate family be sure to explain. (Refer to your collective Leave and Attendance 49 bargaining agreement or Civil Service Regulation , as appropriate, for the definition of immediate family .) You must personally call to report your absence unless you are incapacitated; in that case you may have someone contact your supervisor for you. You should call in daily if the period of illness or time for return has not been predetermined. If you do not appropriately notify your supervisor, you may be placed on lost time. When sick leave of five or more working days is necessary due to personal illness, you are required to also contact the Disability Management Office (DMO) at 877-766-6447 within five (5) days of the last day worked or you may be separated from employment with the state. Certification of sick leave use may be required if there is doubt regarding justification of sick leave usage, you have developed a pattern of sick leave usage, and/or you have maintained a low level of accrued sick leave. When an immediate family member passes, a LARA employee is eligible to take up to one pay period (ten work days) of sick leave without providing a doctor s statement. If the employee needs additional time off, a doctor s statement is required if the employee desires to use sick leave. If the employee requests to use annual leave for additional time off and it is approved in advance by the supervisor, no doctor s statement is required. In the event you transfer to another state department, all earned unused sick leave will automatically transfer with you. If you were hired prior to October 1, 1980 and separate from state employment, your unused sick leave will be paid as follows: If your separation resulted because of death or retirement, you or your beneficiary will be paid for 50 percent of your unused sick leave as of the effective date of your separation. If you are vested in the State Employees Retirement System and take a deferred retirement, you will be paid for 50 percent of your unused sick leave. If you separate for any reason other than retirement or death, you will be paid for a percentage of unused sick leave in accordance with the following table: Unused Sick Leave Hours Percentage Paid < 104 hrs. 0% 104 - 108 hrs. 10% 209 - 416 hrs. 20% 417 - 624 hrs. 30% 625 - 832 hrs. 40% > 832 hrs. 50% Leave and Attendance 50 If you separate from state service and were hired or rehired after October 1, 1980, you are not entitled to pay off of unused sick leave. Civil Service Regulation provides more information regarding sick leave accruals and use. Exclusively represented employees should also consult their collective bargaining unit agreement. Leaves of Absence General Information The Disability Management Office (DMO) processes FMLA, Medical, and Parental Leaves for LARA employees. Additional information about these leave types is available at the DMO website. The LARA OHR processes requests for Military Leave, Waived Rights Leave of Absence, and Educational Leave. See the LARA Leave of Absence website for more information. It is the employee s responsibility to submit a leave request in writing, using the appropriate form, at least two weeks in advance of the need for leave whenever possible. In emergency circumstances, the request should be submitted as far in advance as possible and may be made verbally, if necessary. Whenever an employee will be off work for five or more days for an FMLA qualifying absence, a request for leave must be submitted to the DMO whether or not the employee will use leave credits to cover the absence. To ensure the confidentiality of medical information, such information should be submitted directly to the DMO. To request extension of a previously approved FMLA, medical or parental leave, the employee must provide a new request form and medical form (if appropriate) to the DMO within their prescribed timelines. Leave extension requests for Military, Waived Rights, or Education Leaves must be submitted to the LARA OHR. Failure to provide timely extension requests and or medical documentation could result in your separation from employment with the Department of Licensing and Regulatory Affairs. Use of annual, deferred, compensatory, or BLT hours is optional for all FMLA leaves and counts against the employee s FMLA entitlement. While on FMLA leave, the state portion of health, dental and vision insurance premiums will be paid by the Department of Licensing and Regulatory Affairs as long as the employee submits the required employee share of the premium. Additionally, the Long Term Disability (LTD) rider will pay the health premium for employees covered under the LTD plan while on a personal unpaid medical leave for up to six months. Employees are required to pay the full premiums (state and employee share) for health, vision and dental insurance after insurance coverage benefits under FMLA, LTD, or both are exhausted, if continued coverage is desired. Time spent on an unpaid FMLA, medical, or parental leave does not count toward seniority or continuous service hours. Leave and Attendance 51 See Civil Service Regulation for additional information regarding leaves of absence. Exclusively represented employees should consult their bargaining unit agreement. Supervisors must notify the Disability Management Office (DMO) at 877-766-6447 when an employee is off work for five (5) or more days, or when an employee returns from a leave of absence for payroll purposes. Medical, Parental, Family Care, and Qualifying Exigency Leave under the Family and Medical Leave Act (FMLA) Under this federal act, employees may be eligible as determined by the department for up to twelve (12) workweeks of paid or unpaid leave during a 12 month period if they have been employed by the State of Michigan for at least one year and have physically worked at least 1,250 hours over the previous 12 months. The FMLA also covers an employee needing to take time off intermittently or work a reduced (part-time) schedule. Employees should be aware that FMLA hours run concurrently with qualifying leave credits such as annual, sick, unpaid leaves of absences, medical leaves, workers compensation etc. The following are FMLA qualifying events: A serious health condition that makes the employee unable to perform his/her job duties (medical leave). The birth and care of an employee s newborn child or placement with the employee of a child for adoption or foster care (parental leave), The care of the employee s spouse, child, or parent who has a serious health condition (family care leave), or Any qualifying exigency arising out of the fact that a spouse, child, or parent of the employee is on covered active duty or has been notified of an impending call or order to covered active duty in the Armed Forces. Serious health condition under the act means any illness or impairment that involves: (1) any overnight stay in a medical facility, (2) absence of more than three calendar days from work and continuing treatment by a health care provider, or (3) continuing treatment by a health care provider for a chronic or long-term health condition. The DMO requires a doctor statement after five or more consecutive work days of absence. If you have a health condition that meets the definition described above, request to take leave time because of this health condition, and have an entitlement to FMLA leave, you will be placed on a leave under the FMLA. While on an approved FMLA leave, you must use any accrued sick and annual leave credits as follows: Leave and Attendance 52 For a medical leave, sick leave credits must be exhausted before going on an unpaid leave. Annual leave credits may be used at your option. For a parental leave, sick leave credits cannot be used. You may use annual leave credits if you wish or the time off will be unpaid. For a family care leave, sick leave credits must be used. Upon written request, you may freeze up to 80 hours of sick leave if you are a non-exclusively represented employee; represented employees should consult their bargaining unit agreements. At your option, annual leave credits may also be used in lieu of, or in addition to, sick leave. For an exigency leave, annual leave credits may be used or the time off will be unpaid. If approved for an FMLA leave and you do not have sufficient leave credits to cover your absence, the Department of Licensing and Regulatory Affairs will continue to contribute the state portion of your health, dental and vision insurance premium for any portion of your leave that qualifies under the FMLA for which you do not have accrued leave credits as long as you pay the employee share of the premium. Before returning from a personal illness FMLA leave, the employee must provide the DMO a written medical statement from their treating physician or practitioner certifying the date that the employee is released to return to work and fitness to resume regular duties with or without restrictions. The Department of Licensing and Regulatory Affairs reserves the right to have the employee examined by a physician selected and paid by the department for the employee s initial personal medical leave request, extension, and/or return to work. The FMLA entitlement runs concurrently with medical or parental leave of absence entitlements under civil service rules and regulations. Represented employees should consult their collective bargaining agreement. For more information on FMLA, please visit the DMO website. Military Caregiver Leave under the Family and Medical Leave Act (FMLA) A military caregiver leave (MCL) may be taken to care for a covered service member who is an employee s spouse, child, parent, or next of kin. The employee must have been employed by the State of Michigan for at least 12 months and have worked at least 1,250 hours in the previous 12-month period to be eligible. A total of 26 workweeks of military caregiver leave may be taken during a 12 month MCL entitlement period, but any other FMLA leave taken Leave and Attendance 53 during the period also counts toward the 26 week entitlement. Sick leave hours must be depleted to a balance of 80 hours before going on unpaid leave. For more information, contact the Disability Management Office (DMO) at 877-766-6447. Parental Leave Civil Service regulations provide for parental leave of up to six (6) months for parents to care for a child following birth or adoption; the leave must conclude within 12 months of the birth or adoption of the child. Up to 12 workweeks of parental leave granted under the FMLA will count towards this six month entitlement. To be eligible for a parental leave, you must have satisfactorily completed an initial probationary period. Employees represented by a bargaining unit agreement should review their bargaining unit agreement for eligibility requirements. Medical Leave A medical leave is intended to protect the job and the long-term service of an employee who is temporarily disabled or who requires medical treatment beyond the coverage of available sick leave credits. A request should be made to the DMO at 877-766-6447 in advance of the beginning of the leave except in unanticipated circumstances. Forms are available on the DMO website. The Department of Licensing and Regulatory Affairs reserves the right to have the employee examined by a physician selected and paid by the department for the employee s initial personal medical leave request, extension, and/or return to work. A medical leave begins after the last day worked, even though leave credits have not been exhausted and you are not off the payroll. First, all sick leave hours must be exhausted. Then annual or deferred leave hours are used unless you specifically notify the DMO that they be frozen. A request to freeze annual or deferred leave credits must be made in writing on the Leave of Absence Application form submitted to the DMO. Following use of all sick leave, an unpaid medical leave of absence may be approved by the appointing authority for up to six (6) months if the employee has completed the equivalent of six months full-time employment with the State of Michigan when the leave is granted. Any FMLA medical leave entitlements run concurrent with this 6 month entitlement. Health insurance premiums are covered for up to six months for employees off work and receiving Long Term Disability (LTD) wage replacement benefits; to facilitate this coverage the employee must complete and return to the Civil Service Employee Benefits Division the COBRA form that will be provided to them by the DMO. Additionally, the life insurance premium is waived for those employees receiving LTD benefits. Represented employees should consult their bargaining unit agreement for medical leave of absence eligibility and for any extension requests. Leave and Attendance 54 An employee who does not return to work by the end of a medical leave or has not provided appropriate medical documentation to request an extension of the leave may be separated from employment after five (5) days for vacating their position. For more information on medical leave, please visit the DMO website. Military Leave A Regular Military Leave of Absence without pay is granted to a career employee occupying a classified career position who is inducted into military service, who enlists, or who is required to serve more than fifteen (15) calendar days in a fiscal year. The period of the military leave of absence is considered as state service time and continuous service time will be adjusted to include this time upon the employee s return. A Temporary Military Leave of Absence with pay covers a temporary tour of duty (not to exceed 15 calendar days in a fiscal year) for a state employee occupying a classified career position and who is a member of the National Guard or of the reserve of recognized branches of the military service. If the duty exceeds 15 calendar days in a fiscal year, the employee may elect to be placed on regular military leave of absence without pay or use annual. BLT, or deferred leave hours. The C-53, Application for Military Leave or Waived Rights Leave of Absence form, to request military leave of absence and a copy of the document ordering the employee to report for military duty should be submitted well in advance to the LARA Office of Human Resources. A copy of the military pay voucher must be sent to the Office of Human Resources to process the reimbursement of pay to the state. If a reservist or guardsman/guardswoman occupying a classified career position is called for emergency purposes, up to thirty (30) consecutive calendar days of paid leave will be granted. Annual and sick leave accruals continue during this thirty day period. After the initial thirty (30) day period no annual and sick leave are accrued, but the difference between military and state pay is granted for the period authorized by federal law and the Governor. Continuous state service and seniority credit shall be allowed for the period of temporary or emergency military leave of absence. Questions regarding military leave should be directed to the LARA Office of Human Resources. Waived Rights Leave of Absence If an employee must leave state service for reasons beyond their control and no other leave type applies, the employee may be granted a Waived Rights Leave of Absence for up to one (1) Leave and Attendance 55 year with no pay or benefits. You must submit a written request by completing a C-53, Application for Military Leave or Waived Rights Leave of Absence form, outlining the reason for the request. Approval of the request is at the discretion of the Office of Human Resources. Employees granted a Waived Rights Leave have no right to return to their former position or to any position in state government, but will have the continuous nature of their employment protected for the period of the leave provided they obtain state employment prior to the expiration of such leave. They may not carry an annual leave balance during the period of the leave. The employee may seek reemployment with the original agency or any other agency at any time during the approved period of the waived rights leave. If they are reemployed during that time they are treated as if returning from a regular leave of absence. At the end of the leave, if an employee has not been rehired by the state, an automatic resignation is processed. Represented employees should consult their bargaining agreement for more information. Educational Leave Employees who are pursuing continuing education in a field directly related to their current employment may be granted an educational leave of absence without pay for an initial time period of up to one year. To qualify for an educational leave, the employee must be admitted as a full-time student as determined by the established requirements of the educational institution relating to full-time status. Before the leave of absence can become effective, a curriculum plan and proof of enrollment must be submitted by the employee through their bureau/office director to the Director of the Office of Human Resources. The employee s written request for such leave should include their intent to return to the department. At the request of the Office of Human Resources, the employee shall provide evidence of continuous successful full-time enrollment in such curriculum plan in order to remain on or request renewal of such leave. The employee may return early from an education leave upon approval by the Office of Human Resources. The Director of the Office of Human Resources shall have the sole discretion to approve or deny the request for leave of absence. Any denial shall include a written explanation of the denial, if requested by the employee. Exclusively represented employees should consult their collective bargaining agreement. If you would like more information about Military, Waived Rights or Educational leaves of absence, please visit the OHR Leave of Absence web site. For more information on FMLA, Medical, and Parental Leaves see the DMO website. Leave and Attendance 56 This page intentionally left blank. Responsibilities and Conduct 57 9. RESPONSIBILITIES AND CONDUCT The Department of Licensing and Regulatory Affairs interacts on a regular basis with the general public, licensees, the educational and business community, and persons who have a disability. As an employee of LARA, you are expected to maintain your conduct and appearance at the highest level of professional decorum. Since the type of physical activity required on the job and the extent of public contact may vary from one work unit to another, managers are responsible for ensuring that their employees understand what is expected regarding grooming and attire. Your conduct as an employee of the department should be a positive representation of the department, and your private activities should not, in fact or appearance, conflict with any of your official responsibilities. Each visitor to a Department of Licensing and Regulatory Affairs office must be afforded prompt and courteous service, and employees are expected to keep their offices neat and professional in appearance at all times. If your assignments require that you visit customers of the department outside of the workplace, courteous treatment must be extended. Also, anyone who communicates with the department, in writing or by telephone, is entitled to prompt and courteous service. Under normal circumstances, employees are expected to return every telephone call within 24 business hours and to process routine information requests within one week. When gone for extended periods, employees are expected to leave an extended absence voice mail message noting the name of the individual and telephone number the customer may contact in their absence. In addition, employees are expected to be professional in dealing with co-workers. Conduct that is offensive to other employees, such as obscene, prejudicial, or provocative remarks must be avoided. Employees must not behave in a manner which may harm or adversely affect the reputation of the department. Release of Information Employee must maintain the security of all restricted and confidential information including computer access codes, social security numbers, and other protected information at all times. As an employee of the Department of Licensing and Regulatory Affairs, you must comply with policies on such disclosure, including those in personnel policies and those for which you receive specific training. Requests from the general public for information that you are not authorized to discharge should be referred to your supervisor who will discuss them with the person who is authorized to distribute this information. Do not divulge any information you may have since it may not be entirely accurate or complete, or your interpretation may be in conflict with the official position taken by the Department of Licensing and Regulatory Affairs. Please refer to the multiple LARA policies regarding release of information. Responsibilities and Conduct 58 Workplace Safety It is the policy of the Department of Licensing and Regulatory Affairs to promote a safe environment for its employees. The department is committed to working with its employees to maintain a work environment free from acts of violence and threats of violence. Please see the LARA Work Place Safety Policy and Work Rule (G-35) for more detailed information. Insubordination Employees of the Department of Licensing and Regulatory Affairs are expected to carry out the duties and responsibilities of their position. On occasion, an employee may be directed to complete an assignment that is not a normal or regular function of their position. Employees are expected to follow instructions and carry out any directives and assignments of supervisory and management staff as long as they do not jeopardize the employee s health and safety and are not illegal. Employees found to be insubordinate may be disciplined up to and including separation from employment. Falsification of Resume or Employment Application If it is discovered that an employee has falsified his or her credentials in a resume or a Civil Service Application for employment, the employee will be separated from employment. If a candidate has applied for a job opportunity within the Department of Licensing and Regulatory Affairs and it is discovered the individual has falsified his or her resume or Civil Service Application form, the candidate will be rejected from participating in the selection process. Additionally, the Office of Human Resources will report such falsification to the Civil Service Commission. The Civil Service Commission may issue sanctions that include, but are not limited to, the following: Removal from all applicant pools and applicant referral mechanisms. Prohibition from participating in future appraisal processes. Ineligibility for appointment to a classified position. Revocation of appointment and separation from the classified service. Falsification of Work-Related Documents If it is discovered that an employee has falsified any work-related document for personal or monetary gain, including but not limited to the documents listed below, the employee will be disciplined up to and including separation from employment: Travel/expense vouchers Time and attendance documents Responsibilities and Conduct 59 Travel/work itineraries Accident reports Medical documents Supplemental employment forms Conflict of interest/disclosure forms Ethical Standards and Conduct The Department of Licensing and Regulatory Affairs has established ethical standards in accordance with Civil Service Commission Rule 2-8, Ethical Standards & Conduct. No employee of the Department of Licensing and Regulatory Affairs shall create or allow to be created any situation that causes a conflict of interest or the appearance of a conflict of interest with the employee s job responsibilities. You can find more detailed information in the Ethical Standards and Conduct policy (G-14) and in Civil Service Rule 2-8. LARA employees must submit a completed Disclosure of Interest form (C-46) within 14 days of hire, disclosing any personal or financial interests of the employee or members of the employee s immediate family in any business or entity with which the employee has direct contact while performing official duties as a classified employee. Additionally, employees must report any change in the personal or financial interests of the employee or immediate family member that may be related to or affected by the official duties of the employee on a new C-46 form within 14 calendar days of the change. See the LARA Conflict of Interest and Disclosure policy (G-07) for additional information. Badges Employees that are required to carry badges during the course of their work for the Department of Licensing and Regulatory Affairs shall conduct themselves in a manner that is in accordance with all LARA policies and procedures as well as all Civil Service Rules and Regulations. If a badge is carried, it must be one provided by the State of Michigan and used only in the course of official business while interacting with the public. Please refer to the Employee Identification While Performing Work Duties policy (G-11) for more detailed information. Information Technology As an employee of the Department of Licensing and Regulatory Affairs, you are expected to do the following: Ensure appropriate use and care of all technology equipment and software. To comply with the State of Michigan Computer Crime Law (Public Acts of 1979, No. 53). Responsibilities and Conduct 60 To not infringe upon the rights granted to the owner of a product with a copyright or patent. To safeguard and refrain from disclosing any confidential information in accordance with Civil Service Rule 2-8, Conflict of Interest. To comply with Civil Service Rules 1-13, Patents/Inventions, and 1-14, Copyrights, for any property which you participated in and developed for the Department of Licensing and Regulatory Affairs. To keep confidential the computer system access codes issued to you. All employees are required to sign the Employee or Contractual Employee Security Agreement form and to return it to the Office of Human Resources for placement in their official personnel file. See the LARA Information Privacy and Security policy (G-17), the LARA Information Technology Equipment and Software Use policy (G-23), and the SOM Acceptable Use of Information Technology Standard for additional information. Smoking In addition to the Michigan Clean Indoor Air Act (Public Act 198 of 1986) and Executive Order No. 1992-3, the Department of Licensing and Regulatory Affairs is committed to providing a healthy, comfortable, and productive working environment for employees. As a means to facilitating this environment, LARA prohibits smoking and the use of smokeless tobacco products or e-cigarettes in all LARA offices or any state owned vehicle. The LARA Smoking policy (G-30) addresses the issue of smoking in the work place. Political Activities The Department of Licensing and Regulatory Affairs has a Political Activities policy ( G-28) which advises all employees of permitted and prohibited political activities, and clarifies the rights of employees to run for and hold a political office based on whether their salaries are paid with federal or non-federal funds. Discriminatory Harassment The State of Michigan and the Department of Licensing and Regulatory Affairs firmly support the prevention and elimination of unlawful harassment in the employment environment. The department s policy contains harassment reporting procedures to provide notice to our employees of the necessary action they must take to address any violation of this policy. The LARA Discriminatory Harassment Policy and Work Rule (G-08) provides additional information. Responsibilities and Conduct 61 Equal Employment Opportunity The Department of Licensing and Regulatory Affairs will provide equal employment opportunity for all persons regardless of race, religion, color, sex, sexual orientation, height, weight, marital status, national origin, age, disability, genetic information, partisan consideration, or gender identity. LARA is committed to having its management review all aspects of employment including recruitment, selection, retention, and promotion to identify and correct barriers to providing all persons equal employment opportunity. Refer to the LARA Equal Employment Opportunity policy (G-13) for more information. Vehicle Use Licensing and Responsibility All drivers must possess a valid driver s license, which must be verified through LARA Financial and Administrative Services Team (FAST), Procurement and Budget Services, before being assigned a state vehicle. Any driver who is found with a suspended license will be asked to park the vehicle immediately and will not be permitted to drive again until the matter is cleared through the Secretary of State. Appropriate disciplinary action will be taken. A letter from the Secretary of State stating that the license has been reinstated must be provided to Procurement and Budget Services before the employee will be permitted to drive a state vehicle. Please see the State Vehicle Usage Policy for more information. Driver Agreement All employees must have a signed driver s agreement on file with Human Resources before driving any state vehicle (pool or permanently assigned), or vehicles rented for state business. Additional information regarding state vehicle use is available in the Policies section of the Finance and Administrative Services Team (FAST) intranet site, and the Driver Agreement form, (DMB-VTS63) can be found under Travel Regulations/Forms . Driver Courtesy and Seat Belt Use If your position with the Department of Licensing and Regulatory Affairs involves driving a vehicle, you are expected to have a valid operator s license in your possession while driving or operating a vehicle. You are also expected to drive carefully, obey all traffic laws, and extend the utmost courtesy to the public at all times. As a driver or a passenger in a state-owned vehicle or in a personally owned vehicle used to conduct official LARA business, you must wear a properly adjusted and fastened safety belt at all times. Responsibilities and Conduct 62 Responsibility for compliance and noncompliance resides personally with the driver and as such citations and/or tickets are solely the driver s responsibility. Motor Vehicle Accidents State vehicles are insured under Michigan s no-fault insurance statute and the state s financial responsibility law. The certificate of no-fault insurance is provided and should be kept in the glove box of each vehicle. Be aware that the state does not carry blanket insurance for any damages incurred to personally owned vehicles. If you are involved in an accident when driving a state-owned vehicle, you must contact Wheels Collision Center at 1-800-477-2211. When driving your own car on LARA business, you must submit a written report to the FAST Procurement and Budget Services Office as soon as possible. If the accident involves personal injury, you must also notify the Disability Management Office (DMO) at 877-766-6447within 24 hours; see the DMO website for more information. This will protect your rights to any medical or hospital compensation that may be required as a result of the injury. If you are unable to complete the report(s), your supervisor will become responsible for doing so. In the event you are involved in an accident while driving your personal vehicle during and in the course of employment, up to $ per accident for your personal automobile insurance policy collision deductible may be authorized through the State Administrative Board reimbursement process. No reimbursement would be authorized if the State Administrative Board determined that you were grossly negligent or the accident was the result of an intentional act. Supplemental Employment Before engaging in supplemental employment outside of the Department of Licensing and Regulatory Affairs, you must submit a Supplemental Employment Approval Request form to your supervisor for approval. All approvals expire on January 31st of each year; a new approval request form must be submitted each year in December if the supplemental employment continues. A new request form is also required if you transfer to a different work unit of the department and want to continue supplemental employment. The Director of the Office of Human Resources has final authority to approve supplemental employment requests. Supplemental employment requests will not be approved if there is any conflict of interest between your present job and the second job. In addition, if the activities connected with the second job interfere with your attendance or the efficiency of your State of Michigan employment, it will be necessary to terminate one of the two positions. Employees covered by bargaining unit agreements should refer to the provisions of such negotiated agreements. See the Supplemental Employment policy (G-32) for more information. Responsibilities and Conduct 63 Gifts and Honoraria The LARA Ethical Standards and Conduct policy (G-14) outlines the disclosure requirements regarding gifts and established guiding principles regarding the acceptance of gifts and honoraria. Also, see Civil Service Rule 2-8. Drug and Alcohol Testing The Civil Service Commission has promulgated rules to deter illegal drug use among state employees to promote a safe and productive workplace. These rules require education about and testing for drug and alcohol use. All new hires must submit to and pass a pre-employment drug test. Civil Service Rule 2-7 prohibits classified employees from using drugs and alcohol while at work. It also prohibits classified employees from reporting to work or being at work with a prohibited level of drugs or alcohol ( ) in their system. The rule permits a classified employee to be drug or alcohol tested if there is reasonable suspicion that the employee has violated this rule. Any employee who fails an authorized drug test will be dismissed or have their conditional offer of employment rescinded; corrective or disciplinary action up to and including dismissal will be imposed on an employee who fails an authorized alcohol test. Civil Service Regulations , , and discuss drug and alcohol testing, self-reporting, and complaints; these regulations can be found on the Civil Service internet web site. Refer to the LARA Drug and Alcohol Testing Under Civil Service Rule 2-7 policy (G-10) for more information. Represented employees should consult their bargaining unit agreement. Licensure Any employee of the Department of Licensing and Regulatory Affairs whose position requires that the employee be licensed shall maintain such license in good standing for the duration of his/her employment. State of Michigan bar dues may be paid or reimbursed as outlined in the LARA Bar Dues Reimbursement policy (G-04) by submitting the required reimbursement form. Care and Use of State Property You are responsible for using all equipment, material, and other state property required in the performance of your work in a safe and responsible manner. Property of the state must be properly taken care of and must not be borrowed for personal use. If you transfer to another work area or state department, or if you separate from state employment, you must return all state issued equipment to your supervisor. Your supervisor (or bureau liaison) will complete the Employee Departure Checklist form to verify that all equipment has been returned, and you Responsibilities and Conduct 64 will be required to sign the form certifying that you have returned all property issued to you as an employee of the Department of Licensing and Regulatory Affairs. An employee who misuses state property, material, or equipment may be subject to disciplinary action and may be required to reimburse the state for its value. Personal Property Employees should not leave valuable personal property unattended. The Department of Licensing and Regulatory Affairs is not responsible and will not reimburse you for personal items that are broken or missing. You should report any incidents to the LARA OHR. Procurement Card The purpose of the Procurement Card Program is to continue improving the purchasing process by streamlining small dollar purchases, expanding controls, and increasing efficiency. Employees who have been issued a procurement card may initiate transactions in person, by mail, telephone, or via the internet within the designated limits on their account. The procurement card should be handled for security purposes as if it were your own credit card. Only the person to whom the card is issued may use the card. It should not be given to other people for their use or shared between staff. No one may sign for another person, use someone s card number, or obtain a card when it is not necessary and not used. Prohibited purchases using the procurement card include, but are not limited to the following: Travel-related expenses Health and medical services Personal use Information technology equipment Appliances such as refrigerators, microwaves, heaters, humidifiers, or toasters Any of these types of purchases or other prohibited purchases will require reimbursement to the department and could result in disciplinary action up to and including dismissal. Further information concerning the Procurement Card Program can be found in the State of Michigan Procurement Card Program Cardholder Manual on the department s Intranet. Employees must report lost or stolen cards immediately upon discovery by calling 800-270-7760. The Department of Licensing and Regulatory Affairs Procurement Card Administrator should then be contacted at (517) 335-1967. Personal Mail Your work address should not be used for personal mail. All mail received at the Department of Licensing and Regulatory Affairs is subject to being opened by department staff responsible for Responsibilities and Conduct 65 sorting and distributing mail. Because of the volume of mail handled, it cannot be assured that personal mail will not be opened. Personal Appointments Personal appointments should be scheduled at times that do not interrupt or interfere with your work schedule. Phone Use State telephones and fax machines should be used only for state business. Additionally, calls on personal cell phones during work time should be extremely limited; employees should utilize their lunch and break times to make or return personal phone calls. Please refer to the LARA Telephone, Cellular Phone, and Facsimile Use policy (G-33) for additional information. Personal Telephone Calls Employees should not make personal long distance telephone calls on state telephone lines. Personal local calls are to be kept to a minimum. The cost of unauthorized personal long distance or toll calls shall be reimbursed to the state. Disciplinary action may be taken if an employee misuses telephone privileges. Cell Phone Use Use of personal cell phones must not interfere with the performance of an employee s job nor distract others in the workplace. If it is necessary for you to carry a personal cell phone while at work, the phone should be kept in a non-ringing mode and used only during non-work time. Employee Privacy Offices, desks, lockers, voicemail, and computers are the property of the Department of Licensing and Regulatory Affairs and, as such, are not subject to employee privacy. Locked offices, desks, lockers, and so forth can be opened at any time by your supervisor. Additionally, all voicemail messages, e-mail messages, and information contained in the computer assigned to you can be read or listened to at any time by your supervisor or other authorized person. Therefore, items that are personal in nature should not be kept in your desk or office, nor should messages of a personal nature be contained in your e-mail or voicemail systems. Electronic Mail Electronic mail, or e-mail as it is called, should be used to conduct Department of Licensing and Regulatory Affairs business, to communicate with colleagues concerning business activity or events, or to convey pertinent information or inquiries to departmental employees. It is not Responsibilities and Conduct 66 to be used for the purpose of selling things, to send chain letters, or for outside business or personal interests. Internet Use Department of Licensing and Regulatory Affairs employees are not to use the internet for non-work related purposes. Additionally, the State of Michigan s telecommunication policy prohibits personal or private business use of the state s telecommunication network. Prohibited uses include, but are not limited to: Use which is illegal Use which violates the security, privacy, and confidentiality policies, practices, and laws of the state Use for access to, display of, or distribution of: indecent or obscene material pornography material in violation of Civil Service Rule regarding Discriminatory Harassment or departmental policies prohibiting sexual harassment Use for individual profit Use for private or personal business transactions Use for playing games or non-business computer activities which generate traffic or consume bandwidth on any state network segment ( , Internet radio) In cases of suspected internet misuse, the department has the capability to monitor individual internet activity including time spent on the internet and specific websites visited. An employee found in violation of the Department of Licensing and Regulatory Affairs Employee Handbook and policies regarding internet use and/or the state s acceptable use policy will be subject to disciplinary action up to and including dismissal. See the Information Technology Equipment and Software Use policy (G-23) and the Acceptable Use of State of Michigan DTMB Resources policy for more information. Personal Solicitation Solicitation during work hours or at any time in working areas, or the distribution of any and all literature during work hours or during non-work hours in working areas is prohibited. Department of Licensing and Regulatory Affairs sponsored employee events and activities are excluded from this policy. Vendors and Solicitors Responsibilities and Conduct 67 Outside vendors and solicitors are not permitted in Department of Licensing and Regulatory Affairs offices for the purpose of solicitation of funds or the sale of any article, except when the department may authorize such conduct for charitable organizations. Exceptions may also be granted for Agency-Sponsored Employee Activities pursuant to Administrative Guide Sect. Emergencies You should become familiar with action/evacuation procedures for Department of Licensing and Regulatory Affairs offices in which you work in case of general or isolated emergencies. Evacuation procedures are posted in all buildings. Employees are required to provide emergency contact information to their supervisor or to enter it in their MI HR Self-Service account. Dress Code Employees are expected to dress in appropriate attire at all times for the job they are performing. Our customers expect professionalism from state government, and our dress reflects to most customers the professionalism they can expect. Clothing should be clean and not ragged or torn. Inappropriate attire includes t-shirts, sweatshirts with unsuitable pictures or slogans, sweat suits, shorts, beachwear, mesh or see-through garments, tank tops, and hats. Clothing that is too short, too tight, transparent, or low cut does not convey professionalism and should not be worn to the workplace. For many customers we are the only representatives of state government with whom they have contact. The professional image and environment we set can help reinforce to them the superior service we are committed to provide. Employees who violate this policy shall be released from work and instructed to return with appropriate professional attire. The time needed for the employee to return to work in appropriate attire will be covered by the employee s accrued annual leave credits. If the employee does not have sufficient leave credits to cover the absence, it will result in lost time. Please refer to the LARA Employee Dress Code policy (G-09) for more detailed information on acceptable work attire. Responsibilities and Conduct 68 This page intentionally left blank. Other Department of Licensing and Regulatory Affairs Procedures 69 10. OTHER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS PROCEDURES Communications In keeping with the department s goal of having a coordinated approach to communications, the LARA Media & Public Relations Office is the central coordination point for media calls and news releases. With very few exceptions, all media calls and news releases should be routed through the Media & Public Relations Office staff. This office can be reached at (517) 373-9280. They will then coordinate responses, especially on issues that deal with several bureaus. Bureau staff should gather as much information as possible on the nature of the call to help facilitate the response including: Name of reporter Name of media outlet Topic Contact information, including phone number and email address Deadline It is department policy to return all media calls the same business day. There is a media contact form available on Outlook that many agencies find helpful. All department-related news releases and articles must have prior approval by the Media & Public Relations Office and the assigned Deputy Director before distribution. The Department will generally require at least 24 hours notice with a copy of the proposed article. Printing and Publications The Media & Public Relations Office is the central coordination point for printing department publications. A completed Media and Public Relations Project Purchase Approval & Exemption Request (C-19 form), available from the Finance and Administrative Services Team Intranet site, must be submitted to the Media Office with the desired publication. If colored printing is desired, justification must be provided when the C-19 form is submitted. Please refer to the LARA Print Guidelines available on the FAS website for additional information. Contracts/Grants/Purchasing The Department of Licensing and Regulatory Affairs has procedures that must be followed for purchasing goods and services and entering into contracts and grants. These procedures are available from the Finance and Administrative Services Team Intranet site. Other Department of Licensing and Regulatory Affairs Procedures 70 Telephone and Voice Mail The Department of Licensing and Regulatory Affairs is committed to providing exemplary service to our customers; this includes prompt, courteous and professional responses to telephone calls. Work areas must ensure that a knowledgeable and courteous employee is available to answer all main telephone lines within three (3) rings between 8:00 and 5:00 , Monday through Friday. While it is important that all individual phone lines be personally answered whenever possible, sometimes it is necessary for calls to be forwarded to the voice mail system available to many employees. It is the responsibility of each employee to ensure that calls are appropriately forwarded and that a personalized greeting, including the employee s name, is initiated whenever they are away from the office or unavailable to answer calls. A Send All Calls (SAC) option, which allows an employee to forward all incoming calls to another person, is also available to ensure prompt assistance to the caller. It is important for employees to remember to change their voice mail greeting when away from the office for an extended period of time, and to always offer the caller the option of pressing 0 to speak to another person. See the LARA Telephone, Cellular Phone, and Facsimile Use policy (G-33) for additional information. Travel The Department of Licensing and Regulatory Affairs adheres to DTMB and Civil Service policies and procedures related to employee travel. This information can be found on the LARA FAST Intranet site. Moving Expenses If the department requires you to relocate due to your job, a portion of your moving expenses may be reimbursed. To determine your eligibility for reimbursement contact the Office of Human Resources. These requests must be reviewed and approved by the Office of Finance and Administrative Services and the Department of Technology, Management and Budget. Employees covered by a bargaining unit agreement should consult their specific agreement for information relating to moving expenses. The DTMB web site has more information. General Emergency Conditions The Department of Licensing and Regulatory Affairs has an Office Closure policy (G-27). The power to authorize closure of state offices is designated to the Director of the Department of Other Department of Licensing and Regulatory Affairs Procedures 71 Technology, Management and Budget. The Office Services Division of the Finance and Administrative Services Team within LARA coordinates closure requests for the department. Other Department of Licensing and Regulatory Affairs Procedures 72 This page intentionally left blank. Corrective Action and Discipline 73 11. CORRECTIVE ACTION AND DISCIPLINE Corrective Action for Performance Problems When an employee exhibits an unacceptable time and attendance pattern, the supervisor will discuss the unacceptable behavior with the employee. If an employee is not performing the duties of their position at an acceptable level because of a skill or knowledge deficiency, the supervisor will provide additional training before initiating corrective action; this instruction may take the form of verbal instruction or coaching from the supervisor, formalized training classes, or other measures deemed appropriate by the supervisor. If the employee continues to exhibit poor performance or poor attendance, the supervisor will have an informal discussion with the employee (known as informal counseling) in attempt to correct the deficiencies. If the attendance or performance does not improve to an acceptable level, the supervisor will issue a formal counseling memorandum. Following are the actions that are typically taken when an employee s attendance is unacceptable or the employee is not adequately performing the duties of their position: Informal Counseling The supervisor verbally explains to the employee what the specific attendance or performance issues are, instructs the employee on how to bring about improved performance, and advises the employee that future action will be taken if the problem continues. As this is informal, such counseling will not be in written form nor will it appear in the employee s personnel file. Formal Counseling A formal counseling is in written form. The counseling memo discusses the specific performance problems, how the employee is expected to improve their performance, the time frame expected for improvement, and a statement that more progressive corrective and/or disciplinary action will be taken if the problem continues. A copy of the memo is given to the employee, signed by the employee, and placed in the employee s personnel file. An employee may refuse to sign the document, in which case the supervisor writes the statement Refused to Sign and initials it, provides a copy to the employee, maintains a copy for their supervisory records, and forwards the original to the Office of Human Resources for filing in the employee s personnel file. Interim Employee Rating If continued efforts to correct an employee s performance deficiencies through informal and formal counseling are unsuccessful, it may be necessary to take appropriate disciplinary action in the form of an unsatisfactory interim rating. A labor relations representative in the Office of Human Resources must be contacted prior to issuance of an interim rating. Because an Corrective Action and Discipline 74 unsatisfactory interim rating is considered to be disciplinary in nature, a disciplinary conference will be scheduled at which time the employee is entitled to bring a representative. Non-represented employees should consult Civil Service Rule for allowable representatives; represented employees should refer to their respective bargaining unit agreement for more information. The supervisor completes form the Interim Employee Rating form (CS-375), listing all specific performance or behavior problems and identifying specifically what is expected of the employee in order for their performance to be viewed as satisfactory. A follow-up rating period is established, typically for a period of ninety (90) calendar days; at the end of the follow-up period, the follow-up Employee Interim Rating is issued. If an employee has performed satisfactorily during the follow-up rating period, the employee is returned to satisfactory standing. If their performance has not sufficiently improved, several options are available up to and including dismissal; a labor relations representative in the Office of Human Resources must be contacted to determine how to proceed. An employee under an unsatisfactory interim or follow-up rating is not eligible for a step increase, a performance-pay award, or reclassification until a later satisfactory rating is issued, nor is the time under the unsatisfactory rating creditable toward the time required for reclassification. An unsatisfactory interim or follow-up rating may be grieved in accordance with the provisions of Civil Service Regulation or an applicable collective bargaining agreement. Progressive Discipline Occasionally it is necessary for a supervisor to administer discipline related to employee misconduct or rule violations. Discipline is intended to be corrective rather than punitive. Sometimes discipline may be preceded by informal or formal counseling. Counseling, whether formal or informal, is not discipline. The department adheres to the theory of progressive discipline, which allows for progressively more severe penalties to be imposed on an employee each time any new offense occurs whether or not the offenses are related. In using progressive discipline, a supervisor will typically warn via a reprimand or give disciplinary suspensions before the severest penalty of discharge is imposed. However, some offenses are considered so serious (including but not limited to assault, introduction of drugs, weapons or firearms into the workplace, theft, etc.) that no specific warning or other disciplinary action(s) needs to precede discharge. Bargaining unit agreements and Civil Service Rules have provisions that managers must follow when imposing disciplinary action. No employee of the Department of Licensing and Regulatory Affairs will be disciplined without the approval of the Labor Relations Director or designee. Corrective Action and Discipline 75 The following steps in the progressive discipline process are listed in the order in which they would typically be applied: Written Reprimand A written reprimand is a formal, written notice to the employee that his or her misconduct is unacceptable and will result in more severe disciplinary action if not corrected. A copy of the reprimand will be given to the employee, signed by the employee, and placed in the employee s personnel file. An employee may refuse to sign the document, in which case the supervisor would write the statement Refused to Sign and initial it, provide a copy to the employee, maintain a copy for their supervisory records, and forward the original to the Office of Human Resources for filing in the employee s personnel file. Suspension A suspension results in a specific number of days away from work without pay. This is documented in the employee s personnel file. Dismissal A dismissal is the termination of employment with Licensing and Regulatory Affairs. When the employer plans to administer any of the above listed progressive disciplinary actions, the employee will be provided advance notice of a disciplinary conference to which they may bring a representative. Non-represented employees should consult Civil Service Rule for allowable representatives; represented employees should refer to their respective bargaining unit agreement for more information. Disciplinary actions may be grieved by the employee in accordance with the provisions of Civil Service Regulation or an applicable collective bargaining agreement. Corrective Action and Discipline 76 This page intentionally left blank. Employee Relations 77 12. EMPLOYEE RELATIONS Employee involvement in decisions affecting conditions of employment which affect all state classified employees is typically communicated through bargaining units. A bargaining unit is composed of all employees in similar classifications and includes employees in all departments within the Michigan Classified Service. Elections The employee organization or union is the exclusive representative for all employees in that unit. The employee organization must be elected by the majority of voting members of the bargaining unit. That organization is the only organization with which management is permitted to meet regarding wages, hours, and conditions of employment. The exclusive representative is the only organization permitted to represent employees from that bargaining unit in the grievance process. Excluded Employees Employees may be identified as excluded employees by virtue of occupying a supervisory, managerial, or confidential position. These employees are not eligible to be represented by an exclusive representative and do not have collective bargaining rights. They may be eligible for representation by a Limited Recognition Organization. Grievance Representation and Procedure There is a formal grievance procedure both for employees who are represented by an exclusive bargaining agent and for those employees who are not. An employee who believes that the Department of Licensing and Regulatory Affairs has violated the bargaining unit agreement or Civil Service Rules may file a grievance without fear of retaliation or reprisal. Exclusively represented employees follow the grievance procedure outlined in the agreement for their bargaining unit, while non-exclusively represented employees follow the Civil Service Grievance and Appeals Procedures. Employees who are non-exclusively represented may represent themselves in the grievance procedure. They may also choose to be represented in the grievance procedure by a limited recognition organization of which they are a member, an attorney, or another non-represented classified employee. The grievance procedure for employees in a bargaining unit that has chosen an exclusive representative is determined by the appropriate bargaining unit agreement. Their grievance rights are handled exclusively by their representative. Employee Relations 78 Collective Bargaining Employees in bargaining units where an exclusive representative has been chosen are entitled to collective bargaining rights. When mutual agreement is reached between the parties, they are covered by written agreements that contain the negotiated terms and conditions of employment. All employees represented by a union are covered by what is referred to as a primary agreement. This primary agreement contains the language agreed upon by the parties and applies to all employees in those bargaining units across state government. Some primary agreements contain language that specifies certain subjects will be addressed through what is called a secondary agreement. These secondary agreements are bargained by individual state departments or agencies (such as the Department of Licensing and Regulatory Affairs) and are meant to address those issues that are particular to that state department or agency. The Office of Human Resources has responsibility for negotiating secondary agreements for the Department of Licensing and Regulatory Affairs. Office of the State Employer The Office of the State Employer, in cooperation with Executive Branch Departments and Agencies, formulates, executes and administers labor relations policies for state classified employees. The Office of the State Employer s main objective is to represent all state departments in the bargaining process. Besides its main function of contract negotiation and administration, the Office of the State Employer also has responsibility for Employee Health Management and the Employee Services Program. Each program was formed to provide better services and support to State of Michigan Employees. Please visit the Office of the State Employer website for more information. Employment Relations Board The Employment Relations Board is a neutral body that has review powers over grievances for those employees not covered by bargaining unit agreements and over interest and representation disputes. The responsibility for collective bargaining impasse resolution also lies with this board. In addition, the board acts as the Coordinated Compensation Panel, where recommendations for wages and fringe benefits of non-exclusively represented employees are developed. These recommendations are then submitted to the Civil Service Commission for final approval. Additional information on these subjects is contained in the Civil Service Rules and in the appropriate bargaining unit agreements. Employee Relations 79 Employee Relations Activities There are some employee relations activities that may take place during work hours. Employees represented by an exclusive bargaining agent may be called upon to participate in labor/management meetings. Such meetings are held to maintain communication between labor and management to cooperatively discuss and resolve problems of mutual concern to the parties. The frequency and the number of the employee participants in the meeting are determined by the applicable bargaining unit agreement. Except for those activities clearly delineated in the bargaining unit agreements, employees are expected to conduct employee relations activities on non-duty time. Employee Relations 80 This page intentionally left blank. Department of Licensing and Regulatory Affairs Policies 81 13. DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS POLICIES This section summarizes policies developed and administered by the Department of Licensing and Regulatory Affairs (LARA). You can access the complete policy by clicking on the policy name: General Policies Accessibility, Meeting (G-01): provides guidelines to ensure that meetings and events sponsored by LARA , and/or participated in by LARA staff, are accessible for all participants and that information provided is available in alternative formats. Accessible Video Production (G-02): provides guidelines to ensure a standardized approach for the production of video media. Alternative Work Schedule (G-03): provides information about the Alternative Work Schedule Program, delineates employer and employee rights, and provides procedures for participation. Bar Dues Reimbursement (G-04): outlines required criteria and procedures for employees to request reimbursement of Michigan State Bar Association dues. Building Access (G-05): provides standards for security of and access to buildings and describes the proper use of state ID cards. Conflict of Interest for Boards, Commissions, Agencies, Authorities, and Committees (G-06): provides conduct standards and disclosure requirements for members of LARA Boards, Commissions, Agencies, Authorities, and Committees. Conflict of Interest and Disclosure (G-07): provides the standards for conflict of interest and disclosure of interest, reporting requirements, and the duty to avoid conflicts. Discriminatory Harassment Policy and Work Rule (G-08): reaffirms the department s prohibition on discriminatory harassment and describes reporting requirements if you experience or see harassment. Dress Code, Employee (G-09): establishes guidelines for appropriate workplace attire and provides enforcement actions for non-compliance. Drug and Alcohol Testing Under Civil Service Rule 2-7 (G-10): outlines policy and procedures related to drug and alcohol testing of LARA employees, Department of Licensing and Regulatory Affairs Policies 82 Employee Identification While Performing Work Duties (G-11): provides guidelines for carrying of ID or badges by LARA employees. Energy Use (G-12): provides standards to assist in energy conservation and reduction of utility expenses for the Department of Licensing and Regulatory Affairs. Equal Employment Opportunity (G-13): outlines management responsibilities to ensure equal employment opportunity to all applicants, LARA employees, and the public. Ethical Standards and Conduct (G-14): outlines the principles and rules of conduct for LARA employees to ensure an atmosphere of ethical behavior. Freedom of Information Act (G-15): provides guidelines for the handling of FOIA requests. Home Office, Establishment and Designation of (G-16): this policy applies to all requests to establish home offices for staff and the justification required for approval. Information Privacy and Security (G-17): provides guidelines to protect and preserve internal and external sharing requirements for sensitive personal data. Information Privacy and Security Breach Notification (G-18): provides procedures to follow when a loss of sensitive data is either reported or suspected to have occurred. Information Privacy and Security Encryption (G-19): sets forth encryption requirements for electronic transfer of sensitive data. Information Privacy and Security Handling (G-20): provides controls for creation, access, use, storage, transmission, transport or destruction of sensitive department information Information Privacy and Security Incident Response (G-21): specifies actions required of department personnel who report or respond to an information security incident. Information Privacy and Security, Social Security Number (G-22): sets forth standards for the proper use of social security numbers during your employment and penalties for improper use. Information Technology Equipment and Software Use (G-23): describes standards for the proper use and care of your computer and discusses issues related to software use and security. Jury Duty (G-24): describes options for time entry and pay processing while on jury duty. Department of Licensing and Regulatory Affairs Policies 83 Membership in State, National, and International Associations and Organizations (G-25): provides procedures for requesting department payment for membership dues in external associations or organizations. Nepotism (G-26): clarifies the Department of Licensing and Regulatory Affairs position regarding employment of family members and acceptable employment relationships. Office Closure (G-27): provides procedures for office closure designation when emergency conditions exist. Political Activities (G-28): provides guidelines for employee participation in partisan or political activities during working hours. Refreshments and Meetings (G-29): addresses when refreshments can be purchased and acceptable locations for meetings, in-service training or public hearings. Smoking (G-30): prohibits smoking in state buildings, vehicles and parking structures. Social Media User (G-31): provides policy and guidelines for use of all social media tools used within LARA for official work purposes, as well as personal use from designated workstations. Supplemental Employment (G-32): describes how to obtain the required approval before working for pay, benefit, or persona gain outside your employment with LARA. Telephone, Cellular Phone, and Facsimile Use (G-33): contains guidelines on the appropriate use of state telephone, cellular phone, and facsimile equipment and personal cellular phones at the office. Training and Conferences (G-34): discusses how to seek approval for participation in training events and conferences. Workplace Safety Policy and Work Rule (G-35): informs employees, customers and the general public of the department s commitment to workplace safety and outlines employee reporting rights and responsibilities. Use of State-owned Portable Devices (G-36): provides for the management, control, and secure use of state-owned portable devices. Student Assistant Program (G-37): establishes requirements for hiring and retaining student assistant positions. Department of Licensing and Regulatory Affairs Policies 84 HIPAA Policies HIPAA Glossary (H-01): defines the terms used in LARA HIPAA policies. HIPAA Administrative Sanctions (H-02): outlines sanctions/disciplinary actions which may be taken against employees who fail to comply with LARA privacy and security policies and procedures. HIPAA Disclosure of Confidential or Privileged Information (H-03): provides policy regarding disclosure of confidential or privileged recipient information. HIPAA Impermissible Use, Disclosure or Breach of Confidential PHI (H-04): informs all employees of the process required for prompt response to reported, suspected, or actual impermissible uses, disclosures, or breaches of confidential or protected health information. HIPAA Individual Right to Amend Protected Health Information (H-05): permits individual requests for amendment(s) to protected information. HIPAA Individual Right to Notice of Privacy Practices (H-06): establishes criteria for developing, updating, and delivering the department s Notice of Privacy Practices to individuals receiving benefits from the department s health programs. HIPAA Individual Right to Request Restrictions on Use and Disclosure (H-07): protects the privacy rights of individuals receiving benefits by considering a client s request to restrict the use or disclosure of protected health information. HIPAA Physical Safeguards for the Storage, Use and Disposal of Protected Health Information (H-08): establishes safeguards to protect the confidentiality of sensitive or protected health information while stored, in use, or disclosed. HIPAA PHI Use and Disclosure Authorization (H-09): establishes authorization requirements for uses and disclosures other than for treatment, payment, and health care operations or other exceptions. HIPAA PHI Use and Disclosure Deceased Individual (H-10): protects the rights of deceased clients and provides guidance for the use and disclosure of a deceased individual s protected health information. HIPAA PHI Use and Disclosure De-Identification (H-11): establishes the method for de-identifying an individual s health information. HIPAA PHI Use and Disclosure Limited Data Set (H-12): establishes permitted uses of limited data sets and the method for creating them. Department of Licensing and Regulatory Affairs Policies 85 HIPAA PHI Use and Disclosure Marketing (H-13): identifies how and when to obtain a HIPAA complaint authorization for the purpose of marketing. HIPAA Use and Disclosure Minimum Necessary (H-14): describes the application of the minimum necessary rule to uses, disclosures, and requests for protected health information. HIPAA PHI Use and Disclosure Mitigation (H-15): establishes policy and procedure to mitigate harmful effects of inappropriate disclosure of protected health information. HIPAA PHI Use and Disclosure Permitted, Required, Opportunity to Agree or Object (H-16): establishes when authorization is needed to use and disclose individually identifiable information. HIPAA PHI Use and Disclosure Personal Representation (H-17): establishes who can act on behalf of an individual for purposes of authorizing uses and disclosures and granting the individual rights afforded by LARA HIPAA policies. HIPAA PHI Use and Disclosure Research Activities (H-18): establishes policy and procedure to disclose protected health information for research purposes. HIPAA PHI Use and Disclosure Verification (H-19): provides procedures to establish a verification process for protected health information requests. Handbook Amendments 86 Handbook Amendments October 2011 April 2012 August 2012 March 2013 July 2013 November 2013 January 2014 February 2014 March 2014 Index 87 14. INDEX Absence Without Leave, 41 Accidents, 62 accident report, 62 motor vehicle collision, 62 personal injury, 62 workers compensation, 22 Accommodation, Reasonable, 36 Administrative Leave, 42 Alternative Work Schedule, 39 Alcohol/Drug Testing, 63 Annual Leave, 25, 43 annual leave accrual table, 43 initial leave grant, 25, 44 personal leave, 25 use of, 44 voluntary donation, 45 Appointment, Personal, 65 Appointment Types, 13 Attendance/Absenteeism, 41 Attire, 67 Badges, 59 Banked Leave Time, 46 Bar Dues (see Licensure), 63 Bereavement, 49 Breaks, 39 Cell Phone Use, 65 Civil Service Commission, 9 Civil Service Rules, 7 Classified Employment, 9 applicant pool, 10 appointment types, 13 emergency appointment, 13 employment changes, 14 indefinite (permanent) appointment, 13 limited term appointment, 13 probationary period, 11 probationary service rating, 12 recruitment/selection, 10 seasonal appointment, 13 selection procedure, 10 status, 11 Index 88 student appointment, 13 temporary non-career, 13 vacancy postings, 10 COBRA, 27 Collective Bargaining, 78 Collective Bargaining (Union) Agreements, 7 Communications, 69 printing and publications, 69 Community/School Participation Leave, 26, 47 Compensation Plan, 7 Compensatory Time, 20 Computer Eyeglass Reimbursement, 36 Conduct, 57, 59 Conflict of Interest, 59 Continuation of Insurances (COBRA), 27 Contracts, Grants, Purchasing, 69 Corrective Action & Discipline, 73 dismissal, 75 formal counseling, 73 informal counseling, 73 interim rating, 73 progressive discipline, 74 suspension, 75 written reprimand, 75 Deferred Compensation, 31 Deferred Hours, 46 Defined Benefit Plan, 32 Defined Contribution Plan, 33 Demotion, 15 Dental Insurance, 29 Departures, 16 Dependent Care Spending Account, 32 Discipline, 35, 74 Disclosure of Interest, 59 Discriminatory Harassment, 60 Dismissal, 75 Dress Code, 67 Driver Agreement, 61 Driver Courtesy, 61 Drug and Alcohol Testing, 63 Educational Assistance/Partial Tuition Reimbursement, 35 Educational Leave, 55 Education and Training, 11 Electronic Funds Transfer, 19 Index 89 Electronic Mail, 66 Emergencies, 67 Emergency Conditions, 70 Employee Privacy, 65 Employee Relations, 77 collective bargaining, 78 excluded employees, 77 grievance representation and procedure, 77 union elections, 77 Employee Relations Activities, 79 Employee Services Program (ESP), 34 Employment Changes, 14 demotion, 15 departures, 16 lateral job change/transfer 14 layoff, 15 promotion, 14 reassignment, 15 reclassification, 14 reinstatement, 16 separation, 16 temporary assignment, 15 working out of class, 15, 20 Employment Relations Board, 78 Employment Types, 13 Equal Employment Opportunity, 61 Ergonomics, 35 Ethical Standards and Conduct, 59 gifts and honoraria, 63 Exigency Leave, 51 Falsification of Resume or Employment Application, 58 Falsification of Work Related Documents, 58 Family & Medical Leave Act (FMLA), 51 Formal Counseling, 73 Fringe Benefits, 25 Gifts & Honoraria, 63 Grants, Contracts, Purchasing, 69 Grievance Representation and Procedure, 77 Harassment, Discriminatory, 60 Health Insurance, 28 Holidays, 26 Hours of Work, 39 Human Resource Management Network (HRMN), 7 Identification; Badges, 59 Index 90 Informal Counseling, 73 Information Release, 57 Information Technology, 59 Insubordination, 58 Insurance, 27 Benefits for life options, 31 catastrophic health plan, 29 COBRA, 27 dental, 29 health, 28 life, 28 accidental duty death (see State Life Insurance Plan), 28 long term care, 31 long term disability (LTD), 30 open enrollment, 27 vision, 30 Interim Rating, 73 Internet Use, 66 IT Security, 59 Jury Duty, 21, 46 LARA Policies, 81 General, 81 HIPPA, 83 Lateral Job Change/Transfer, 14 Layoff, 15 Leave and Attendance, 39 absence without leave, 41 administrative leave, 42 alternative work schedule, 39 annual leave, 25, 43 annual leave accrual table, 43 attendance/absenteeism, 41 banked leave time, 46 bereavement leave, 49 breaks, 39 covering absences, 42 deferred hours, 46 educational leave, 55 exigency leave, 51 family care leave, 51 holidays, 26 hours of work, 39 initial leave grant, 25, 44 leave types and use, 42 Index 91 lost time, 41 lunch break, 39 medical leave, 51, 53 military caregiver leave, 52 military leave, 54 overtime, 20 parental leave, 53 personal leave, 25 punctuality (tardiness), 41 rest periods (breaks), 39 school/community participation leave, 26, 47 sick leave, 48 telecommuting, 40 voluntary work schedule adjustment program, 40 eligibility, 40 Plan A, 40 Plan C, 40 waived rights leave of absence, 54 Leave of Absence, 50 FMLA, 51 medical, 51, 53 Plan C, 40 waived rights, 54 Licensure, 63 Life Insurance, 28 accidental duty death (see State life insurance plan), 28 Longevity, 21 Long Term Care Insurance, 31 Long Term Disability, 30 Lost Time, 21, 41 Mail, Electronic, 66 Mail, Personal, 65 Medical Care Spending Account, 32 Medical Leave, 51, 53 MI HR (Self-Service), 7 MI HR Service Center, 1, 8 Military Caregiver Leave, 52 Military Leave, 54 Motor Vehicle Accidents, 62 Moving Expenses, 70 Office of the State Employer (OSE), 78 On-Call Time, 20 Open Enrollment, 27 Organization, Department (see LARA and Its Main Components), 3 Index 92 Organization Chart, 3 Orientation, 8 Overtime, 20 Pamphlets & Brochures, 7 Parental Leave, 53 Parking Spending Account, 32 Pay Issues, 19 compensatory time, 20 electronic funds transfer (EFT), 19 jury duty, 21, 46 longevity, 21 lost time, 21, 41 on-call time, 20 overtime, 20 pay days, 19 payroll deductions, 23 mandatory deductions, 23 optional deductions, 23 pay periods, 19 pay rates, 19 compensation plan, 7 shift differential, 20 workers compensation, 22 working out of class, 15, 20 Personal Conduct, 57, 59 Personal Information, Reporting, 17 Personal Leave, 25 Personal Mail/Appointments/Telephone Calls, 65 Personal Property, 64 Personal Solicitation, 67 Personnel Files, 17 Plan A Leave, 40 Plan C Leave, 40 Policies, 81 general, 81 HIPPA, 83 Political Activities, 60 Printing and Publications, 69 Privacy, Employee, 65 Probation, 11 Procurement Card, 64 Promotion, 14 Public Information (see Communications), 69 Punctuality (Tardiness), 41 Index 93 Purchasing, Contracts, Grants, 69 Purchasing Service Credit, 33 Reasonable Accommodation, 36 Reassignment, 15 Recruitment /Selection, 10 Reclassification, 14 Reinstatement, 16 Release of Information, 57 Responsibilities and Conduct, 57, 59 Retirement, state, 32 Defined Benefit Plan, 32 Defined Contribution Plan, 33 Safety, Workplace, 58 School/Community Participation Leave, 26, 47 Seat Belt Use, 61 Self Service (MI HR), 7 Separation, 16 Service Credit, 33 Service Ratings, 12 Sexual Harassment (Discriminatory Harassment), 60 Shift Differential, 20 Sick Leave, 48 Smoking, 60 Solicitation, Personal, 67 vendors and solicitors, 67 State Property, Care and Use of, 64 State Vehicle Use, 61 motor vehicle accidents, 62 Status, 11 Supplemental Employment, 62 Suspension, 75 Tardiness (Punctuality), 41 Telecommuting, 41 Telephone Calls, Personal, 65 Telephone & Voice Mail, 70 Temporary Assignments (Working Out of Class), 15, 20 Training, 11 Transfer/Lateral Job Change, 14 Traumatic Stress Incident Management (TISM), 35 Travel, 70 Tuition Reimbursement, 35 Vacancy Postings, 10 Vehicle Use, 61 Vendors and Solicitors, 67 Index 94 VDT/CRT Computer Eyeglass Reimbursement, 36 Vision Insurance, 30 Voice Mail, 70 Voluntary Separation, 16 Voluntary Work Schedule Adjustment Program, 40 eligibility, 40 Plan A, 40 Plan C, 40 Waived Rights Leave of Absence, 54 Workers Compensation, 22 Working Out of Class, 15, 20 Workplace Safety, 58 Written Reprimand, 75 Work Schedule, 39

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