Mandated Placement of Classified Staff
Chapter 4040
Revised November 24,
2008
Table of Contents
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.
Mandated placements occur for the following reasons:
- 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.
- An Administrative Review (Affirmative Action, Human
Resources, Executive directive) indicates sound reasons for the
expeditious transfer from the position currently held by a member of
the classified service.
- Layoff, due to lack of work or reorganization, eliminates
the position of a permanent classified employee.
- 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.
- 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.
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.
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.
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:
- identify current vacancies/recruitments at the
employee's previous position and salary level;
- review the skills set of the affected
employee;
- consult with the affected department, specifically
identifying issues which may affect the success of a placement;
- expedite mandatory placement where there is a skill set match to position duties and departmental
climate; and,
- provide follow-up counseling to the employee and department,
as needed.
B. Administrative Review (Affirmative Action, Human 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:
- review the skills set of
the affected employee;
- identify current vacancies/recruitment at the employee's
current position and salary level; and,
- 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:
- The designated medical provider will perform or
coordinate an assessment of the employee injury.
- 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.
- The Division of Human Resources will perform a skills
inventory of the employee.
- The Division of Human Resources will review (with the
department) the essential functions of the current position.
- If the employee can perform the essential functions of the
position, with or without reasonable accommodation, the employee will
continue in that position.
- 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.
- 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.
- 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:
- 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.
- Affirmative Action and the Division of Human Resources will
review the skills inventory and classification level of the affected
individual.
- The Division of Human Resources will review available positions
(vacancies/recruitments) and determine the best fit of essential
functions and employee skills.
- The Division of Human Resources, Affirmative Action and the
affected department will meet to review and confirm essential functions,
necessary accommodations and placement necessity.
- The Division of Human Resources and Affirmative Action will meet
with the individual to review the position and necessary
accommodations.
- The Division of Human Resources will expedite mandatory
placement where there is a match of skills inventory to position duties and
departmental climate.
Questions regarding mandated placement of classified employees should be
directed to the Division of Human Resources, 103 Edwards Hall, (785)
532-6277.
