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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



CHAPTER 606a. PERSONNEL ACTIONS


Authority

   The temporary provisions of this Chapter 606a added under 71 Pa.C.S. § §  2101—3304, unless otherwise noted.

Source

   The temporary provisions of this Chapter 606a added March 11, 2022, effective March 12, 2022, expire 3 years from date of publication, 52 Pa.B. 1454, unless otherwise noted.

Sec.


606a.1.    Personnel actions.
606a.2.    Notice of personnel actions.
606a.3.    Signatory authority.

§ 606a.1. Personnel actions.

 (a)  When used in the act or this subpart, the term personnel action shall be limited to the following:

   (1)  Appointment.

   (2)  Promotion.

   (3)  Removal, including the removal of a probationary employee before the expiration of the probationary period.

   (4)  Suspension.

   (5)  Acceptance of resignation.

   (6)  Demotion.

   (7)  Furlough.

   (8)  Transfer.

   (9)  Reassignment.

   (10)  Leave of absence.

   (11)  Extension or reduction of probationary period.

   (12)  Compensation changes, except salary increments, general pay increases, or special pay for such things as overtime or out-of-class work.

   (13)  Performance evaluation.

   (14)  Reclassification.

   (15)  Return to a position or job classification held prior to promotion.

§ 606a.2. Notice of personnel actions.

 (a)  Required. An appointing authority shall provide written notice of a personnel action to the affected employee.

 (b)  Content. A written notice of a removal, furlough, involuntary demotion or suspension issued to a regular employee shall include a clear statement of the reason(s) for the personnel action, sufficient to apprise the employee of the grounds upon which the personnel action is based. A written notice of a removal, furlough, involuntary demotion or suspension shall provide information on the employee’s right to appeal the personnel action to the State Civil Service Commission.

 (c)  Effective date of personnel action. Unless otherwise required by the Office of Administration or stated in the notice by the appointing authority, the personnel action will take effect immediately upon the provision of notice to the employee by the appointing authority.

 (d)  Simultaneous copy. When the appointing authority notifies an employee of a furlough or a suspension, it shall simultaneously submit a copy of the notice to the Office of Administration. Copies of other notices of personnel actions shall be provided to the Office of Administration upon request.

 (e)  Mandatory requirements. Except as provided in subsection (f), the requirements in this section are mandatory. Failure to adhere to the notice requirements set forth in this section may nullify the personnel action.

 (f)  Acceptance of resignation. The requirements of this section do not apply to an appointing authority’s acceptance of an employee’s resignation, which are governed by § §  604a.8—604a.10 (relating to notice of resignation; effective date of resignation; and acceptance or rejection of resignation).

§ 606a.3. Signatory authority.

 (a)  Generally. A notice of personnel action shall be signed by the head of the appointing authority or an authorized designee.

 (b)  Authorized designee. An authorized designee of the head of an appointing authority includes a deputy secretary, a bureau director, an office director, a superintendent, a deputy superintendent or an equivalent position employed by the appointing authority; a human resources director or an equivalent position supporting the appointing authority; or an individual who is delegated signatory authority on behalf of the head of the appointing authority in the manner prescribed by the Office of Administration. For purposes of performance evaluations, an employee’s immediate supervisor shall be deemed the authorized designee of the head of the appointing authority without the need for delegation of signatory authority.

 (c)  No further delegation. An authorized designee of the head of an appointing authority may not further delegate signatory authority.

 (d)  Rebuttable presumption. A notice of personnel action bearing the signature of the head of the appointing authority, or an authorized designee, shall create a rebuttable presumption that the head of the appointing authority or the authorized designee signed the notice and had the proper authority to issue the notice.



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