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Internal Audit Office

Kansas State University
5 Anderson Hall
Manhattan, KS 66506-0118

 

785-532-7308
785-532-0186
internalaudit@k-state.edu

Mandated Placement of Classified Staff

Chapter 4040
Revised November 24, 2008

Table of Contents

.010 Definition
.020 Background
.030 Statutes, Regulations, Policies
.040 Policy Statement
.050 Procedures
.060 Questions

.010 Definition

Mandated placements of classified staff are those non-competitive and non-disciplinary placements directed by the Appointing Authority in accordance with statute, regulation or Kansas State University policy.

.020 Background

Mandated placements occur for the following reasons:

  1. Classified staff who are promoted and do not successfully complete probation are required, by regulation, to be placed in a position in the job classification (or at a comparable salary range) from which they were promoted.
  2. An Administrative Review (Affirmative ActionHuman Resources, Executive directive) indicates sound reasons for the expeditious transfer from the position currently held by a member of the classified service.
  3. Layoff, due to lack of work or reorganization, eliminates the position of a permanent classified employee.
  4. An on the job injury renders a permanent classified employee unable (even with reasonable accommodation) to continue to satisfy the essential functions of their position, and, the employee is, by education and experience, with or without reasonable accommodation, qualified to satisfy the essential functions of an open position.
  5. A disabling condition renders a permanent employee unable (even with reasonable accommodation) to continue accomplishing the essential functions of their position, and the employee is, by education and experience, with or without reasonable accommodation, qualified to satisfy the essential functions of an open position.

.030 Statutes, Regulations, Policies

Following is a listing of Kansas statutes, regulations and policies relevant to the mandated placement of classified staff:

  • Kansas Statutes Annotated (K.S.A.) 75-2949.
  • K.A.R. 1-6-23 -- Establishment of reemployment list; administration of reemployment list.
  • K.A.R. 1-6-24 -- Transfer.
  • K.A.R. 1-6-27 -- Demotion.
  • K.A.R. 1-7-3(b)(c) -- Probationary Period.
  • K.A.R -- Article 14 is all inclusive regarding layoffs.

Kansas State University Internal Policies and Agreements:

  • Affirmative Action Plan revised 10/91, Chapter 9, pg. 3, section D.
  • KSU Police Officer Memorandum of Agreement, June 2007, Article 24, sections 2&4, pg. 15 and Article 28, section 1, pg. 16.
  • Policy and Procedures Manual -- Chapter 4410, Staffing of Classified Positions.
  • Policy and Procedures Manual -- Chapter 4080, Performance Management Process.
  • University Layoff Plan October 2008.

.040 Policy Statement

It is the policy of Kansas State University that the circumstances noted in section .020 are appropriately accommodated by a mandated placement. It is further the policy of Kansas State University that each of these situations is considered to fall within the obligations of Kansas State University as a whole, not a specific department or campus. With this consideration, necessary mandated placements shall be to the next open or available position at the University which, after review by the Division of Human Resources (and the Office of Affirmative Action re: disability accommodations), in consultation with the affected department, is considered to be a sound match of employee abilities to essential job functions.

It is the intent of this policy that department heads of affected departments and employees are fully involved and cooperative in this process. As previously stated, mandated placements are an obligation of the entire university community. Departments heads, when contacted, will be encouraged to view the individual circumstances openly and without bias.

Individual employees who are the subject of mandated placements are, as well, encouraged to maintain an open view. It is important that they, too, are consulted in the process. However, once a placement has been validated by the Division of Human Resources and, where appropriate, Affirmative Action, the employee may not reject the position, except in writing. The reasons for not accepting the position must be clearly and fully stated. If the reasons are not deemed to be valid, the employee will not be considered for other mandatory placements.

Once an employee has been deemed unable, on a permanent basis, to complete the essential functions of their position, and the employee is no longer in pay status, that employee position will be released by the Division of Human Resources for recruitment. The department is responsible for acquiring and maintaining the employee on an otherwise vacant salary and position line until placement or termination is effected. Employees who subsequently recover and/or are able to be accommodated or placed, have no rights inherent or bumping rights. Their rights are to the next available position.

.050 Procedures

Where mandated placements are necessitated the following procedures will be in effect.

A. Classified Staff Who are Promoted and Do Not Successfully Complete Probation

The employing department is expected to keep the Director for Employee Relations, Division of Human Resources, apprised of performance issues and problems occurring during the probationary period. The Director for Employee Relations will provide guidance in establishing performance plans and criteria. Probationary employees should be informally evaluated and counseled at least monthly during the probationary period.

If, after three months of the six month probation period, the employee is not meeting expectations, the employing department should notify the Director for Employee Relations. The Director for Employee Relations will counsel with the employee and advise the employee and the department on rights, roles and responsibilities. If, by the anniversary date of the fourth month, the employee's performance continues to be less than satisfactory, the hiring department should, again, advise the Director for Employee Relations. (These time tables would be accelerated in the case of a three month probationary period.)

The Division of Human Resources will then:

  1. identify current vacancies/recruitments at the employee's previous position and salary level;
  2. review the skills set of the affected employee;
  3. consult with the affected department, specifically identifying issues which may affect the success of a placement;
  4. expedite mandatory placement where there is a skill set match to position duties and departmental climate; and,
  5. provide follow-up counseling to the employee and department, as needed.
B. Administrative Review (Affirmative ActionHuman Resources, Executive Directive) Indicates Sound Reason for Placement

Although not frequent, administrative reviews may necessitate the transfer of persons from one unit to another. These changes are usually affirmed by an executive directive (President, Provost, Vice President). In these circumstances, the Division of Human Resources will then:

  1. review the skills set of the affected employee;
  2. identify current vacancies/recruitment at the employee's current position and salary level; and,
  3. expedite mandatory placement where there is a skill set match to position duties and departmental climate.
C. Layoff, Due to Lack of Work or Reorganization Requires Placement

Refer to the University Layoff plan available from the Division of Human Resources.

D. An On-the-Job Injury Renders a Permanent Classified Employee Unable, With Reasonable Accommodation, to Continue to Satisfy the Essential Functions of Their Position

These situations fall under the auspices of the Workers' Compensation statutes and regulations and the State of Kansas Return to Work policy statement. Critical to this process is the timely filing of an Accident Report. Once the injury has been approved as appropriate for Workers' Compensation payment the following procedure is in effect:

  1. The designated medical provider will perform or coordinate an assessment of the employee injury.
  2. The medical provider will provide the department - through the Division of Human Resources - a diagnosis and prognosis statement, including the physical limitations of the injured employee.
  3. The Division of Human Resources will perform a skills inventory of the employee.
  4. The Division of Human Resources will review (with the department) the essential functions of the current position.
  5. If the employee can perform the essential functions of the position, with or without reasonable accommodation, the employee will continue in that position.
  6. If the employee cannot perform the essential functions of that position, but is suited by education and training to perform, with or without reasonable accommodation, the duties of a similarly situated position which is available, the employee will be placed in the available position.
  7. If the employee is not suited by education and training to perform the essential functions of a similarly situated position, the employee will be referred, by the State Self-Insurance Fund claims adjustor, to Vocational Rehabilitation.
  8. After retraining, the employee may be referred, again, to KSU for employment.
E. A Disabling Condition Renders a Permanent Employee Unable to Continue Accomplishing the Essential Functions of Their Position

These circumstances usually occur due to an accident or illness that is non work related which permanently affects an employee's ability to continue in the present position. In these circumstances, the following will occur:

  1. Affirmative Action will determine, in conjunction with the Division of Human Resources, that a disability exits, within the guidelines of the Americans with Disabilities Act.
  2. Affirmative Action and the Division of Human Resources will review the skills inventory and classification level of the affected individual.
  3. The Division of Human Resources will review available positions (vacancies/recruitments) and determine the best fit of essential functions and employee skills.
  4. The Division of Human Resources, Affirmative Action and the affected department will meet to review and confirm essential functions, necessary accommodations and placement necessity.
  5. The Division of Human Resources and Affirmative Action will meet with the individual to review the position and necessary accommodations.
  6. The Division of Human Resources will expedite mandatory placement where there is a match of skills inventory to position duties and departmental climate.

.060 Questions

Questions regarding mandated placement of classified employees should be directed to the Division of Human Resources, 103 Edwards Hall, (785) 532-6277.