State HR Policies

Effective Date: 10/1/2022

The State of North Dakota, as the employer, has established an additional employment policy that applies to all team members regardless of status. Team members may seek a second job or additional employment opportunity or may consider starting a business provided it will not create a conflict of interest between the team member and the employing agency.

Team members must inform their manager and Human Resources, in writing or via email, of the additional employment or personal business prior to any work being done for the other employer. Notification to the employing agency must include the name and location of the additional employer, position, or type of work, and expected work schedule.

If the employing agency determines the additional employment is prohibited by statute, a violation of the state, a conflict of interest, or negatively impacts the agency’s image, the team member will be required to resign from one of the positions.

Team members who have accepted additional employment may not use paid sick leave provided by the state to work for another employer or personal business.

For purposes of the federal Fair Labor Standards Act, all entities of North Dakota state government are considered to be one employer. If a team member works for two different employing agencies of the State, both employing agencies must ensure continued compliance with FLSA requirements.

Any team member who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment.

Reference: FLSA
Updated September 2022
Reviewed June 2023

Effective Date: 9/1/2022

The State of North Dakota, as the employer, is committed to providing and promoting equal opportunities in all of its activities and services, including providing reasonable accommodations to the known physical and mental limitations of a qualified applicant or team member with a disability in all aspects of the employment process. Retaliation against individuals who request an accommodation or otherwise exercise their rights under the ADA is strictly forbidden. This policy applies to all applicants and team members unless it creates an undue hardship.

Reasonable accommodation is a reasonable adjustment to the work environment, or in the way things are customarily done, that enables an individual with a disability to enjoy equal employment opportunities. Accommodations are to be made in the hiring process (application, tests, and interview), performance of essential functions of the job, and equal opportunities in benefits and promotions. 

Undue hardship is an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation. 

To qualify for protection under the ADA, an individual must:

• Have a physical or mental impairment that substantially limits one or more major life activities;  
• Have a history or record of such impairment; or
• Be regarded as having an impairment that is not transitory and minor.

Qualified team members or applicants with disabilities may request accommodations in order to perform the essential functions of a position. Such requests should be made to Human Resources or agency leadership.

Pregnant team members or applicants may have additional protections under the Pregnant Worker Fairness Act. Reasonable accommodations must be provided, for known limitation(s) related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions unless it creates an undue hardship. 

If there are no reasonable accommodations available and the individual is unable to perform the essential functions of the position, the individual may no longer qualify for the position.

A team member or applicant who feels discriminated against because of a disability may contact Human Resources to express their concern. Team members may also file a grievance with the agency and, if dissatisfied, may file an appeal with HRMS.

Team members shall not retaliate against, coerce, intimidate, threaten, harass, or interfere with any individual exercising or enjoying his or her rights under the ADA or because an individual aided or encouraged any other individual in the exercise of rights granted or protected by the ADA.

Any team member who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment.

References: Americans with Disabilities Act of 1990 (ADA) and ADA Amendments Act of 2008 and Pregnant Workers Fairness Act of 2023.

Updated 12/2023
Reviewed 12/2023

Effective Date: 9/1/2022

The State of North Dakota provides paid annual leave as a benefit to its team members who work in a regular position. Annual leave is earned starting on the first day of employment in a regular position according to the following schedule:

Prorated hours of annual leave will be granted to employees in regular positions who work less than the standard 40- hour work week. When calculating earned annual leave, work time includes holidays and paid leave used.

Usage

Annual leave may not be used before it is earned.

Requests to use annual leave will be approved whenever possible. Excluding emergency situations, annual leave requests must be made and approved in advance of the annual leave being taken. Team members who want to attend a legislative hearing during worktime due to personal or non-work-related interest must take annual leave to attend. A leave request may be denied if the absence would unduly disrupt the business operations or services of the agency or other related reasons.

Temporary team members are not eligible to earn annual leave. If a temporary team member transfers to a regular position with no break in service longer than one year, the team member will receive credit for their prior length of service when determining the annual leave earning rate.

Reinstatement/Transfer of Leave Balance

A team member who is rehired by the state within three years of termination must be credited with their prior service when determining their annual leave earning rate going forward. When a team member transfers from one state agency to another and there is no break in service, the “sending” agency must pay the team member the value of the earned annual leave hours the “receiving” agency will not accept.

Balance Limits

No more than 240 hours of earned and unused annual leave may be carried forward past April 30 of each year. Any hours in excess of 240 hours will be eliminated after April 30. A team member’s manager may require an team member to use earned annual leave prior to using earned compensatory time for leave purposes.

Payment of Balance

A team member may not be paid for unused annual leave while the team member remains in the service of the agency except when the team member takes a long-term leave of absence (six months or more), goes on educational leave, transfers to temporary employment, or if specifically requested by the employing agency and approved by HRMS due to a business-related reason prior to April 30 of each year.

All earned and unused annual leave is payable upon termination of employment, regardless of the reason for termination. 

Reference: NDAC 4-07-12

Updated: 2/2023

Updated: 6/2023   

Effective Date: 8/1/2021

This policy applies to all public entities regarding Open Records related to employment applications.  An Open Record is a record of activities within a public entity that North Dakota Century Code has dictated must be available as a public record.  This policy applies only to applications for employment.

For public entities receiving applications for posted job openings the following standards apply:

Three or more qualified applicants – Only Finalist Records are Open.  The agency shall designate three or more of the qualified applicants as finalists for further consideration. Once applicants are designated as finalists, the applications and related records only of the finalists are open records.

However, if the agency does not wish to consider any of the applications further and decides not to make an offer of employment for the vacant position, the agency need not designate any finalists and records related to the applications are exempt.

Two or fewer qualified applicants – All Applicant Records are Open Records.  If, by the close of the application period for a vacant position, an agency receives fewer than three applicants who meet the minimum qualifications, the applications and records related to the applications are open records.

NDCC 44-04-18.27
Reviewed 6/2023

Effective Date: 12/1/2022

When a bomb threat is received, the person receiving the call should, to the greatest possible degree, attempt to find out as much information as possible, using the Bomb Threat Report Form (SFN 51502).

Reviewed 6/2023

Effective Date: 10/1/2018

The State of North Dakota, as the employer, must avoid any interest, influence or relationship that might conflict or appears to conflict with the interests of the State, or that might affect one’s working judgement. Team members must avoid any situation in which their loyalty may be divided and promptly disclose any situation to their manager when an actual or potential conflict may exist. This policy applies to all team members regardless of status.

Conflict of Interest: Conflict between the duties assigned to the team member and the self-interest of the team member or the team member’s immediate family. Examples of potential conflict situations include, but are not limited to:

1. Ownership, a significant financial interest in, or other relationship with a supplier or vendor to the State.
2. Having a financial interest in any business transaction with the State.
3. Receipt of gifts of more than a nominal value.

Gifts: Tokens, meals and refreshments, entertainment, or other benefit of more than a nominal value exceeding $50.

Immediate family: Any member of the team member’s immediate family, including a parent, spouse, child, sibling, grandparent, step- (parent, child, siblings), or in-laws (parent, child, and sibling).

Conflicts of interest will be avoided through open disclosure practices and corrective actions. A team member with a conflict must disclose the conflicting interest and remove themself from any related negotiations, deliberations, or decisions; however, team members may state their position and respond to questions when their knowledge may be of assistance.

A team member may not accept or give anything of value for official position, opinion, or action or nonperformance of a legal duty or for purposes of attempting to influence any other public official or team member in the exercise of an official action. A “thing of value” does not mean a campaign contribution properly received and reported in accordance with NDCC 16.1-08.1.

Team members may accept meals and refreshments if they are infrequent, of nominal value, and in direct connection with State business.

If a team member receives a gift or a benefit of more than nominal value, the team member must report it promptly to their manager. The received item(s) must be then returned, shared or donated to a suitable charity.

Gifts may not be accepted if offered with the intent to directly or indirectly influence or give the impression of such influence.

Any team member who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment.

Elected or appointed officials of the state’s executive or legislative branch are subject to the Ethics Commission rules and laws.

References: NDAC 4-12-04-04, NDCC 16.1-08.1, 54-44.4, Governor’s Ethics Policy

Reviewed 2/2024  

Effective Date: 9/1/2020

NOTE: This policy is only applicable to non-law enforcement agencies

The State of North Dakota, as the employer, may conduct criminal history record checks on potential or current team members, and reserves the right to conduct additional record checks as a condition of continued employment if deemed necessary. This policy is applicable to Criminal History Record Information (CHRI) and fingerprint-based requests through the North Dakota Bureau of Criminal Investigation (NDBCI). A state agency may only conduct criminal history records checks if express authority has been provided by state or federal law.

The state agency must have a user agreement in place with NDBCI to request any CHRI.

The agency must identify specific positions that will have access to the CHRI. The name of those team members residing in those positions must be reported to NDBCI. If there are any updates to personnel NDBCI needs to be made aware of those changes. Authorized personnel will be given access to view and handle the records after completing the FBI required training. Team members must sign a Statement of Misuse prior to handling, encountering, or discussing any information presented in the CHRI.

Falsification, including misrepresentation or failure to disclose relevant information as part of the recruitment and application process, may disqualify a candidate from employment consideration.

The individual may be asked to provide additional information related to information presented on their CHRI. If an individual believes his/her criminal history record is inaccurate or incomplete, he/she must notify the state agency within five working days of his/her intent to challenge the report.

The individual has the right to request a copy of his/her CHRI. Only the individual may receive a copy of their CHRI and must pick up the copy at the state agency location.

If at any time during employment, a team member is charged with or convicted of a crime he/she must disclose the necessary information to their immediate supervisor or agency human resources. Any team member who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment.

References: NDCC 12-60-24, 12-60-16.5, 12-63-06, 12-63-09, 54-46, and Public Law (Pub. L.) 92-544. 
Reviewed 6/2023

Effective Date: 9/1/2020

The State Risk Management Division (RMD) and Workforce Safety & Insurance administer the State agency workers’ compensation account. This allows RMD to designate health care providers to treat workplace injuries and illnesses. These providers can be individuals, clinics, hospitals, or any combination thereof. WSI may not pay for medical treatment by another provider unless a designated provider refers you or you have selected a different physician prior to injury. Emergency care is exempt from the designated provider requirement.

Team members may elect to be treated by a different provider by completing a Designated Medical Provider form available in the PeopleSoft Employee Self Service Portal prior to the occurrence of an injury.

Team members can find more information on Team ND Connect (enter Designated Medical Provider in the "Search"). 
Reviewed 6/2023
 

Effective Date: 1/1/2020

The State of North Dakota, as the employer, believes reasonable rules of team member conduct and performance standards are necessary. Rule violations and performance deficiencies are grounds for disciplinary action up to and including termination.

State agencies who employ individuals in positions classified by human resource management services follow a system of progressive discipline unless an infraction or a violation of a serious nature is committed, including insubordination, theft, falsification of pay records, or assaulting or threatening to harm a supervisor or co-worker, patient, or client and for which the imposition of less severe disciplinary action would be inappropriate.

The progressive discipline system is intended to correct a regular team member’s behavior by beginning with a less severe appropriate action and progressing to a more severe appropriate action, for repeated instances of poor job performance or for repeated violations of the same or similar rules or standards. Progressive discipline includes verbal warnings, written warnings, suspension (paid or unpaid), demotion, and dismissal.

Written warnings and notices of suspension (paid or unpaid), demotion, and dismissal must be coordinated with the agency’s Human Resources department. A copy must be submitted to the team member, and the original copy retained in the team member’s personnel file. All disciplinary documentation placed in a team member’s personnel file must be reviewed and signed by the team member and must inform the team member they have the opportunity to respond to any materials filed in their personnel file. If the team member refuses to sign the copy to be filed, the agency head or the agency head's designated representative shall indicate on the copy to be filed that the team member was shown the material, was requested to sign the material to verify that the material had been read, and that the team member refused to sign the copy to be filed. In the presence of the team member and a witness, the agency head or the agency head's designated representative shall sign and date a statement verifying the refusal of the team member to sign the copy to be filed.

Discipline of Regular Classified Team members

Progressive discipline shall be used to correct a regular classified team member’s job performance or for a violation of rules or standards, unless the infraction or violation is of a serious nature as described above and for which the imposition of a less severe disciplinary action would be inappropriate.

Verbal Warning

A verbal warning is intended to change behavior or influence a team member toward improved performance. The verbal warning shall describe the problem, how the behavior or poor performance is detrimental to the discipline and efficiency of the service in which the team member is or was engaged, the performance or behavior expectations going forward, and the consequences if the performance, behavior, or misconduct continues. Verbal warnings must be documented in the supervisor’s notes or records. A copy of the verbal warning shall be given to the team member and agency Human Resources.

Written Warning

A written warning may be appropriate when a pattern of unacceptable performance is recognized or misconduct has occurred. A written warning typically follows, but is not required, after a verbal warning has been given.

The written warning shall contain the same elements as the verbal warning detailed above, in the form of a letter, memo, or official agency form, and signed by the supervisor and team member. The written warning must be placed in the team member’s personnel file and a copy must be given to the team member.

Pre-Action Notice

An appointing authority shall provide a written pre-action notice when the suspension without pay, demotion, or dismissal of a regular team member is being considered.

The written pre-action notice must include:

1. A statement that the appointing authority believes there is cause to take disciplinary action that may result in demotion, suspension without pay, or dismissal of the team member.
2. An explanation of the allegations against the team member.
3. A provision for the team member to respond in writing within a minimum of five working days.
4. A statement regarding the team member’s status until a final decision is made.
5. A statement that a written notice of the final action taken will be provided to the team member.

The appointing authority and agency Human Resources shall determine the method of delivery that best guarantees the team member’s receipt of the pre-action notice.

The team member will be given access to his or her official personnel file and all information upon which the allegations are based. The employer should include as attachments any documents or information upon which the pre-action is based or which support the employer’s belief there is cause to take disciplinary action. The team member’s response must be in writing and received on or before the time set forth.

Final Action Notice

The team member must be notified, in writing, of the final action to be taken. The final action notice must include either of the following:

1. If the final action is less than demotion, suspension without pay, or dismissal, a statement must be made explaining the reasons for reducing the intended disciplinary actions. Any stipulations that may apply to continued employment must also be stated.
2. If the final action taken demotes, suspends, or dismisses the team member, a detailed explanation of the basis for the action must be provided. This notice must also inform the team member of the right to appeal the decision in accordance with the provisions of North Dakota Administrative Code § 4-07-20.1-03.

The appointing authority and agency Human Resources shall determine the method of delivery that best guarantees the team member’s receipt of the final action notice.

Suspension of Employment With or Without Pay

The Agency Director or designee, with the coordination of agency Human Resources, must determine if the suspension is with or without pay and the length of the suspension. The suspension must be consistent in severity with the seriousness of the team member’s poor performance or misconduct. A suspension of employment action must follow the pre-action notice procedure as set forth above. A suspension without pay may not exceed 30 calendar days. If the suspended team member is exempt from the overtime provisions of the Fair Labors Standards Act, the appointing authority may make deductions from pay for unpaid disciplinary suspensions of one or more full days.

The written final notice given to the team member will include an explanation containing the elements described in the pre-action procedure. Agency Human Resources must review all suspensions prior to implementation.

Demotion

A team member may be demoted for inefficiency, misconduct or other cause. A demotion may be to a lower classification, a lower salary grade, or both. The Agency Director or designee will give the team member written notice of the demotion following the pre-action procedure and an explanation of the appeal process.

Dismissal from Employment

This is the most severe disciplinary action and is intended as a final action. This level of discipline will normally be taken when previous disciplinary actions have been ineffective or severe misconduct. Dismissal from employment may be used earlier in the disciplinary process when it is necessary and consistent with the performance and misconduct.

The written notice given to the team member will include an explanation containing the elements described in the pre-action procedure.

Reference: NDAC 4-07-19-02

Reviewed 6/2023

Effective Date: 11/1/2018

The State of North Dakota, as the employer, requires that all team members who operate a vehicle while conducting state business must adhere to all policies outlined in the current Department of Transportation’s State Fleet Services Policy Manual. This applies to all vehicles including State Fleet, privately owned, leased, or rented vehicles.

Any team member who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment.

Reference: NDCC 24-02-03.3
Reviewed 6/2023
 

Effective Date: 10/1/2018

The State of North Dakota, as the employer, desires to provide a drug-free, healthful, and safe workplace. Team members are required to report to work in a condition to perform their jobs in a safe, efficient, and satisfactory manner. This policy applies to all team members regardless of status.

Any unauthorized or unlawful manufacture, distribution, dispensations, possession, or use of controlled substances or alcohol by any team members at any workplace or in any vehicle used for official state purposes is strictly prohibited. This prohibition applies during all work breaks, during nonworking hours when the effect inhibits the team member’s job performance or agency’s performance, or while conducting any official business of the state. The use of 
prescribed drugs is permitted provided it does not impair the team member’s ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals, equipment, or property in the workplace. No team member may report for work having the odor of an alcoholic beverage on their person or under the influence of alcohol or drugs.

All team members must sign a drug and alcohol-free workplace acknowledgement form (SFN 16769) at the time of hire.

A manager may require a team member to leave the workplace if the manager determines the team member has reported to work in an inappropriate condition and cannot perform the essential functions of the job effectively in a safe manner that does not endanger themselves or others. The team member may be required to use annual leave or sick leave. If the manager determines the team member should not operate a motor vehicle, the manager should arrange transportation for the team member. If the team member refuses to accept transportation and insists on operating a motor vehicle, they will be informed by the manager that law enforcement officials will be notified that the team member appears unfit to operate a motor vehicle. Law enforcement officials should then be appropriately notified.

Under the Drug-Free Workplace Act, a state team member who performs work for a government contract or grant must notify the state of a criminal conviction for drug-related activity occurring in the workplace. The report must be made within five days of the conviction.

When participating in social activities sponsored by the state, a state agency, or which are associated with workplace activities, team members are required to conduct themselves in a manner that they do not represent a danger to themselves, other team members, or the general public, or damage the reputation of the state.

To inform team members about important provisions of this policy, the state has established a drug-free awareness program. The program provides information on the dangers and effects of substance abuse in the workplace, resources available to team members, and consequences for violations of this policy. Team members with questions or concerns about substance dependency or abuse are encouraged to use the resources of the Employee Assistance Program. Team members may also wish to discuss these matters or this policy with their manager, their Human Resource department or HRMS to receive assistance or referrals to appropriate resources in the community.

Any team member who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment and participation in a substance abuse rehabilitation or treatment program.

References: Public Law 100-690

Updated: 6/2023

Effective Date: 6/1/2023

The State of North Dakota provides Electronic Communication Devices (ECDs) and an information technology (IT) infrastructure designed to facilitate business communications among state government, educational entities, political subdivisions, and their business contacts. These devices include telephones (cell phones and smartphones), multi-function printers, tablets, mobile computing devices, workstations, video equipment, all computer and network-related hardware, software (including e-mail, Internet, instant messaging, blogging), and/or peripheral devices. Devices connected to the state’s IT infrastructure must not damage the reputation of the State of North Dakota or jeopardize the systems’ integrity.

This policy applies to both state-owned devices or team member-owned devices that are synced or directly attached to the State IT network infrastructure. Unless exempted by law, all electronic communications shall follow North Dakota’s Open Records Law. The State of North Dakota ECDs is not part of any team member benefit program.

Use of Electronic Communication Devices

The team member’s agency will provide required devices (such as a desktop or laptop computer) and is responsible for the maintenance and replacement of such devices. In addition to a laptop or desktop computer, some positions may require the use of mobile computing devices such as cell phones, smartphones, or tablets.

The agency is responsible for determining if a state-owned mobile computing device should be provided or allowed to sync or directly attach to a personal mobile computing device to the state’s IT infrastructure. Each situation should be considered individually and be based on the team member’s work or position.

All electronic communications are subject to North Dakota’s Open Records Law, NDCC 44-04-18.

Authorized Use

It is the state’s policy to limit the use of state ECDs to official business. However, users may be permitted to utilize ECDs for personal use (personal use does not constitute time worked), off-duty, and if in compliance with the following terms of this policy:

•    Does not interfere with the performance of the user’s public duties.
•    Is of nominal cost or value.
•    Does not create the appearance of impropriety.
•    Is not for a political or personal commercial purpose.
•    Is reasonable in time, duration, and frequency.
•    Makes minimal use of hardware, software, and network resources.
•    Uses only software that has been licensed by the Agency. Unauthorized downloading of software/shareware is prohibited; ECD’s may be audited at any time.

Standards of Conduct

Users shall be held personally liable (legally, financially, or otherwise) for the use of ECDs not in compliance with state policy. ECDs should be used professionally and ethically as noted below:

•    Must not use ECD’s to probe or hack.
•    Must not use ECDs to distribute or access content that is harassing, bullying, discriminatory, defamatory, insulting, sexually explicit, offensive, or erotic.
•    Must not create, distribute, copy, store, or knowingly use unauthorized copies of copyrighted material on State of North Dakota computers or transmit them over the state’s networks.
•    Must limit the use of non-business related “streaming”, audio and video (which includes Internet radio, stock/news tickers, video streaming, etc.) that use significant amounts of the State’s bandwidth.
•    Must not use ECD’s with photo/video/audio capability in restricted-access areas and areas where personal privacy would be expected (e.g., restrooms) or electronically transmit images, video, or audio recorded on such devices without permission.
•    Must not use ECDs for any illegal activity, gambling, or trading in illegal substances, etc.
•    Must not use ECDs to knowingly download a copy, distribute, store, or use pirated software or data.
•    Must not create or distribute a virus or intentionally cause damage to any ECDs or bypass any state virus detection system in place.
•    Must report a lost or stolen ECD immediately.
•    Must immediately report suspicious activity or unauthorized access of an ECD.
•    Must protect the ECD from theft, damage, abuse, or unauthorized use.
•    When a team member terminates employment, work data and applications will be wiped from the device. 
•    The state reserves the right to block out any Internet sites deemed by the state to be unrelated to the state’s responsibilities.

Supported Cellular Devices

The devices that are fully supported and managed by NDIT are iPhone Devices via the supported Mobile Device Management (MDM) solution. Support is limited to:

•    MDM and associated applications and content.
•    Voice services from the base device along with voice applications allowing for connectivity to the enterprise voice solution.
•    Applications procured by NDIT.

Any device that has been “rooted” or modified from a factory default installation is not allowed access to any state system or data. Support of team member-owned devices is limited to the best effort and will not perform support that requires interaction with the team member’s service provider.

Email Use

Caution should be exercised when communicating via email. This guidance applies to all ECDs:

•    Email messages and attachments are not encrypted and are therefore vulnerable to interception by persons with malicious intent. 
•    All email messages including personal email messages are the property of The State of North Dakota and may be examined if deemed necessary. 
•    Email users will not permit unauthorized individuals to access their State of North Dakota email account. 
•    Email users should exercise caution when receiving unsolicited email messages or attachments.
•    Accessing external email accounts on State issued ECDs is not permitted.

ECD Cloud Storage

The State of North Dakota has set forth the following requirements for syncing files and later accessing them from a web browser or mobile device:

•    Team members must use OneDrive for Business as a mobility solution for work data. Other cloud storage solutions are not allowed.
•    Files may only be synced via OneDrive for Business to work-managed devices, such as work laptops, work cell phones and personal cell phones managed with Mobile Device Management (MDM).
•    Syncing work and/or personal files from a work laptop to any other cloud storage provider is not allowed. 
•    Cell phone backup solutions such as iCloud can be used to backup contacts, pictures, app data, etc. Work email and work documents should not be synced to these solutions.

Additional Responsibilities of Team Members Using Personally Owned ECDs

The owner of a personally owned ECD is responsible for ensuring that the device is protected, has antivirus software installed, enabled, and that the antivirus software remains updated. The State of North Dakota is not responsible for providing antivirus software for personally owned ECDs.

The owner of a personally owned ECD is responsible for ensuring that the latest operating system updates are applied, including all applicable security patches. The State of North Dakota is not responsible for maintaining, supporting, protecting, replacing, or repairing personally owned ECDs or for any loss of data.

Monitoring

The State of North Dakota reserves the right to monitor the use of the network, systems, and devices at any time without advance notice for business purposes, including but not limited to reviewing, storing, accessing, auditing, and intercepting information received or sent through e-mail, texting, instant messaging, voice mail, or over the Internet. Therefore, no user should expect any privacy except that which is provided by law, even though a private password or other private access code to log in may be provided. The State will disclose records to law enforcement, management, government officials, or third parties through a subpoena or other process. Consequently, team members should always ensure that their communications are accurate, appropriate, and lawful.

To prevent the abuse of monitoring capabilities, approval must be provided by the Human Resource Department to view any system logs on a specific team member.

Publishing Cellular Numbers

Fiscal and Administrative Policy 514 addresses the publishing of cellular numbers.

Device usage and Compatibility

Fiscal and Administrative Policy 514 addresses device usage and compatibility.

Non-Compliance Measures

A user’s violation of state policy may lead to disciplinary actions, and up to and including termination of employment, and/or service.

Reimbursement of Team Member-Owned Cellular Device Costs

Fiscal and Administrative Policy 514 addresses personal telephone/cellular device expenses.

Updated 6/2023

Effective Date: 6/1/2023

The policy of the State of North Dakota is to assist, in a strictly confidential manner, team members who are experiencing problems relating to mental or emotional illness, marital or family stress, chemical dependency, and other concerns. The Employee Assistance Program (EAP) is available to all regular team members and their immediate family members (spouse and children living in the same household as the team member and dependent children attending school). A team member or team member’s immediate family member may contact an EAP provider directly for assistance. Self-referrals are strongly encouraged.

Managers may refer team members to the EAP.  A team member is not required to accept a manager’s referral to the EAP. However, a team member’s continued unsatisfactory job performance may result in discipline up to and including termination of employment.

No team member will have job security or promotional opportunities jeopardized by coming forward to request counseling or EAP assistance. Sick leave may be used to attend EAP sessions, please consult the Sick Leave Universal Policy for more information click here.

EAP program details are found at: https://www.ndpers.nd.gov/active-members/insurance-plans/ndpers-employee-assistance-program-eap.

Updated: 6/2023

Effective Date: 6/1/2023

The State of North Dakota, as the employer, has established an Employment of Relatives / Nepotism policy, which is modeled from current state law. This policy applies to all team members regardless of status.

A state official or state team member, in the exercise of that official's or team member's duties, may not serve in a supervisory capacity over, or enter a personal service contract with, that official's or team member's parent by birth or adoption, spouse, son or daughter by birth or adoption, stepchild, brother or sister by whole or half blood or by adoption, brother-in-law or sister-in-law, or son-in-law or daughter-in-law.

"Supervisory capacity" means the authority to appoint, employ, hire, assign, transfer, promote, evaluate, reward, discipline, demote, or terminate another team member.

"Evaluate" does not include evaluations by peers or subordinates.

This policy does not apply to an employment relationship or contract entered before August 1, 1999; nor to any employment relationship or contract entered before the state official or team member assumed the supervisory capacity; nor to any temporary work arrangement necessary to meet a critical and urgent agency need.

Any funds paid out in violation of this policy must be deducted from the salary of the hiring or contracting state official or state team member.

Any team member who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment.

References: NDCC 44-04-09, 10

Updated: 6/23

Effective Date: 6/1/2023

The State of North Dakota, as the employer, requires all applicants for employment and team members of the state be subject to uniform human resource policies and not be subjected to discrimination, intimidation, coercion, or retaliation in any terms and conditions of employment on the basis of an individual’s race, color, religion, sex, national origin, age, genetics, sexual orientation, physical or mental disability, status with regard to marriage or public assistance, political opinions or affiliations, or participation in lawful activity off the employer's premises during non-working hours that is not in direct conflict with the essential business-related interests of the state.

The state makes its employment process accessible to persons with disabilities. Persons needing accommodation should contact the agency representative identified in the job announcement or HRMS at 701-328-3290 voice or through ND Relay Services toll free 1-800-366- 6888. Team members in need of an accommodation should direct their request to their manger or agency leadership.

Violations of this policy will not be tolerated and are grounds for disciplinary action, up to and including termination of employment.

For further information on the applicable laws and corresponding guidelines, team members are encouraged to review the related laws and administrative rules.

References: Equal Pay Act, ADEA, Rehabilitation Act, Civil Rights Act, ADAAA, GINA; NDCC 34-11.1, 14-02.4, 34-06.1, 34-01-17, NDAC 4-07-14-02, 03, 04

Updated: 6/2023

Effective Date: 11/15/2019

The State of North Dakota, as the employer, is required to abide by the federal Fair Labor Standards Act (FLSA). The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting team members in the private sector and in federal, state, and local governments. This policy is not an exhaustive description of state and federal law relating to the FLSA. Team members should consult with their employing agency’s HR or Human Resource Management Services when situations arise to ensure compliance with applicable laws.

For purposes of the FLSA, all entities of North Dakota state government are considered one employer. If a team member works for two different employing agencies of the State, both employing agencies must ensure continued compliance with FLSA requirements.

Pursuant to the FLSA requirements, each position is identified as exempt or nonexempt, based upon the duties of the position. Each agency will determine the appropriate exemption status for each position. 

Nonexempt Team Members: Nonexempt team members are subject to the provisions of the FLSA and must be compensated for all hours worked. Overtime is compensated at time and a half for all hours worked over 40 in a week and can be either monetary compensation or compensatory time. Paid time off such as annual leave, sick leave, holidays and other paid leave time are not considered work time for purposes of determining overtime. Team members cannot waive their right to overtime compensation. Nonexempt team members are required to accurately record all hours worked.   

Exempt Team Members: Exempt team members are exempt from the overtime requirements of the FLSA and are not required to be compensated for overtime. Exempt team members are paid an established monthly salary and are expected to fulfill the duties of their position regardless of hours worked.

Nursing Mothers: The FLSA requires employers to provide reasonable break time for a team member to express breast milk for her nursing child for one year after the child's birth each time such team member has the need to express milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by a team member to express breast milk. 

Management acting directly or indirectly in the interest of an employer in relation to a team member may be held personally liable for wage and hour violations under the FLSA. 

Violations of this policy will not be tolerated and are grounds for disciplinary action, up to and including termination of employment.  

For further information on the applicable laws and corresponding guidelines, team members are encouraged to review the related laws and administrative rules.

References: Fair Labor Standards Act, Act, NDCC 34-01, 14-06, NDAC 46-02-07, 46-03-01 

Updated: 11/2019 
Updated: 6/2023

Effective Date: 7/1/2024

The State of North Dakota, as the employer, provides eligible team members unpaid job-protected leave under the Family Medical Leave Act (FMLA) for qualifying medical reasons for themselves and eligible family members. The State of North Dakota recognizes the importance of work-life balance and supports team members during significant life events.

This policy is not an exhaustive description of state and federal laws relating to family and medical leave (i.e., FMLA leave is different from family sick leave as allowed under NDAC 4-07-13-07).

Eligibility

Team members are eligible for FMLA leave when they have been employed with the State of North Dakota for at least 12 months and have worked a minimum of 1,250 hours during the previous 12-month period.

Reasons for Leave

FMLA leave is used for the following reasons:

a.    The birth and bonding of a child within 12 months of the birth.

b.    The placement and bonding of a newly placed child for adoption or foster care, within 12 months of the placement.

c.    To care for a spouse, child, or parent*, who has a serious health condition.

d.    A serious health condition that makes the team member unable to perform the work or essential functions of their job.

e.    A qualifying exigency arising out of the fact that a spouse, child or parent is a military member on covered active duty or has been notified of impending call or order to covered active duty status.

f.    To care for a team member’s spouse, parent, child (regardless of age), or next of kin of a covered service member, who received a serious injury or illness in the line of duty on active duty.

Amount of Leave

An eligible team member can take up to 12 weeks of FMLA leave during any 12-month period. The State of North Dakota will measure the 12-month period as a rolling 12-month period measured backward from the date a team member uses any leave under this policy. Each time a team member takes leave, the amount of leave the team member has taken under this policy in the last 12 months will be subtracted from the 12 weeks of available leave, and the balance remaining is the amount the team member is entitled to take at that time.

An eligible team member can take up to 26 weeks of FMLA for military caregiver leave during a single 12-month period. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available.

Eligible spouses who both work for the State of North Dakota may only take a combined total of 12 weeks of leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in-law") with a serious health condition. Both may only take a combined total of 26 weeks of leave to care for a covered injured or ill service member (if each spouse is a parent, spouse, child or next of kin of the service member).

Paid and Unpaid Leave

FMLA leave runs concurrently with any paid, donated and unpaid leave used.  A team member must use any accrued paid and donated leave received before unpaid leave can be taken. Team members in unpaid leave status will not accrue annual or sick leave during the period of unpaid leave. A team member who is using military FMLA leave for a qualifying exigency must use all paid vacation leave prior to being eligible for unpaid leave. A team member using FMLA military caregiver leave must also use all paid leave (as long as the reason for the absence is covered by the established sick leave policy) prior to being eligible for unpaid leave.

Holiday Considerations

When a holiday falls within a week in which the team member needs a full week of FMLA leave, the holiday will count against the FMLA leave entitlement. If the team member needs less than a full week of FMLA leave and a paid holiday occurs during the leave period, the holiday will not be counted against the 12-week entitlement unless the team member would be otherwise scheduled and expected to work if not on leave.

Notice Requirements

Team members should provide at least 30 days advance notice for foreseeable FMLA leave. When a team member becomes aware of a need for FMLA leave fewer than 30 days in advance, the team member must provide notice of the need for the leave either the same day the need for leave is discovered or the next business day.

Required Documentation

A team member requesting FMLA leave must complete the required paperwork and obtain medical certification, if necessary. Failure to provide the necessary documentation may result in denial of the leave until it is provided. The employing agency’s HR can provide further information on the process for submitting the required documentation.

Job Restoration/Return to Work

A team member who takes leave for their own serious health condition may be required to provide a fitness for duty certification signed by the health care provider prior to their return to work. If a team member fails to submit the required fitness for duty certification, the team member’s restoration to their position may be delayed or denied.

Upon return from FMLA leave, a team member will be returned to their original position or an equivalent position with equivalent pay, benefits, and any other employment rights that existed at commencement of the leave or that may have accrued during the FMLA leave period. The State of North Dakota may choose to exempt certain key team members from this requirement and not return them to their original position or an equivalent position when doing so will cause substantial and grievous economic injury to the employing agency. Key team members will be given written notice at the time FMLA leave is requested of their status as a key team member.

A team member who fails to return at the end of the FMLA leave will be considered to have voluntarily resigned unless additional leave as a reasonable accommodation under the Americans with Disabilities Act is necessary. If a team member fails to return from an FMLA leave for reasons other than a continued serious health condition of the team member or the team member’s family member or a circumstance beyond the team member's control, the employing agency may recoup the cost of employer paid benefit plan premiums for any period of the FMLA leave which was taken as unpaid leave.

Any team member who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment.

*The State of North Dakota follows the definitions of spouse, son, daughter, and parent as indicated by 29 C.F.R. § 825.102.

References: 29 CFR §825, NDCC 54-52.4-03, NDAC 4-07-13-07

Updated: 8/2024

Effective Date: 10/1/2018

The State of North Dakota, as the employer, provides up to twenty-four (24) working hours of paid leave for team members to attend or make arrangements for a funeral because of a death in the team member’s family.

Family: Includes a team member’s husband, wife, son, daughter, father, mother, father-in-law, mother-in-law, stepparents, brother, sister, stepsiblings, brother-in-law, sister-in-law, grandparents, spouse’s grandparents, grandchildren, stepchildren, foster parents, foster children, daughter-in-law, and son-in-law.

Funeral leave: An approved absence from work with pay for a team member to attend or make arrangements for a funeral because of a death in the team member's family.

Funeral leave is a separate type of paid leave and is not considered to be annual or sick leave.

Funeral Leave is prorated for team members working less than 40 hours per week (i.e., a team member normally scheduled to work 20 hours per week would be eligible for 12 working hours of Funeral Leave).

Temporary team members are not eligible for paid funeral leave.

References: NDAC 4-07-14-02, 03, 04

Updated: 2/2024

Effective Date: October 1, 2022

The State of ND strictly prohibits discrimination based on genetic information. The State of ND does not collect, consider, or make employment or benefit decisions based on genetic information. The State of ND does not use genetic information or genetic testing to identify individuals (applicants or team members) who are especially susceptible to general workplace risks, who may become unable to work or who are likely to incur significant health care costs for either themselves or their dependents. Accordingly, applicants for employment or team members of the State of ND will not be required to undergo any genetic testing or reveal genetic information to any state Agency.

Managers will ensure the following safe harbor notice is attached to the medical certification when an agency requests medical information to certify a team member’s serious health condition under the FMLA.

“The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you do not provide any genetic information when responding to this request for medical information.

‘Genetic information’ as defined by GINA, this includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.”

This notice is not required when a team member’s immediate family member has a serious health condition.

Updated 9/2022
Reviewed 6/2023

Effective Date: 1/25/2021

This policy is a template that each agency should modify in designated places. The size and complexity of the agency will determine the number of steps and other details that are appropriate for each agency.

SECTION 1. SCOPE OF CHAPTER 
INTRODUCTION

The State of North Dakota, as the employer, provides a means for team members to have their complaints or grievances heard and resolved at the level of supervision most directly associated with the team member’s work unit. 
 
These internal grievance and appeal procedures serve as a supplement to the administrative rules in N.D. Admin. Code chapters 4-07-20, 4-07-20.1, and 4-07-20.2 and provide a complete process for all matters not appealable to Human Resource Management Services (“HRMS”).

A team member of the State of North Dakota may file a work-related complaint or grievance by following the procedures outlined in this policy. If the complaint or grievance is not appealable to HRMS, the decision of the Agency Director or designee is final.

It is the responsibility of all parties in a complaint or grievance action to be fully aware of the time limits imposed by this policy and the potential consequences of failing to meet those limits.

The ability of non-classified or probationary team members to grieve an employer action does not create a property interest in employment.

TEAM MEMBER RESPONSIBILITIES

Team members are responsible for complying with the procedures in this policy and all additional procedures required by the N.D. Admin. Code for filing a grievance or appeal.

Prior to implementing the formal grievance procedure, a team member may first consult with agency Human Resources or HRMS.

A team member may be assisted by a representative of their choosing at any point in the process.

EMPLOYER RESPONSIBILITIES

Managers must make a good faith effort to resolve a team member complaint or grievance at their level. They must attempt to provide a fair and reasonable resolution to team member complaints or grievances within a reasonable time period. The immediate manager may wish to confer with the next higher-level manager in the process of resolving the issue. When the resolution sought is not within the authority of the manager to grant, the issue must be reviewed with the Agency Director or designee.
 
Throughout the grievance procedure, it is the responsibility of the employer to respond to the issues raised in the team member complaint or grievance. Retaliation against a team member for filing a grievance is strictly prohibited.

ALTERNATIVE DISPUTE RESOLUTION OR MEDIATION

Alternative dispute resolution, commonly referred to as mediation, may be used to resolve disputes that occur within the agency. All parties involved in the dispute must agree to the use of mediation before mediation begins.

During the time period when team members involved in a dispute are utilizing mediation, the time limits of the internal grievance procedure must be suspended. If a resolution is not agreed to by the participants at the conclusion of the mediation process, the time limits of the agency grievance procedure must be activated. The mediator shall determine the date of conclusion of the mediation process and notify the parties.

Mediation records are exempt from open records in accordance with N.D.C.C. § 54-44.3-14.1.

TIME LIMITS

The steps comprising the internal grievance process contain time limitations. A team member should be allowed a reasonable amount of time to process a grievance during regular working hours without loss of pay. Occasionally, situations will arise beyond the control of management or the team member that will prevent compliance with the time limitations. Time limitations may be extended for team members by the appropriate Agency Director or designee.
 
Requests for extensions must be made in writing and received by the appropriate Agency Director or designee prior to the established deadline.

SECTION 2.  GRIEVANCE PROCEDURE 
GRIEVANCE PROCEDURE FOR EMPLOYER ACTIONS

An employer action is considered to be a decision to dismiss, demote, or suspend a team member without pay, forced relocation, reduction-in-force, reprisal, or discrimination in employment.

Eligible Team members:
a.    A regular team member is given a formal opportunity to respond prior to a decision to dismiss, demote, or suspend the team member without pay. Following the final decision in the pre-action process, the team member may grieve the decision through the internal grievance process. A regular team member may appeal the Agency Director’s or designee’s decision as outlined in step three of this section.

b.    A team member in probationary status may grieve a decision to dismiss, demote, or suspend the team member without pay through the internal grievance process. A probationary team member may not appeal a lawful dismissal, demotion, or suspension without pay from employment through HRMS except claims of discrimination or reprisal. Nothing in this provision changes the at-will employment status of a team member in probationary status.

c.    A non-classified team member may grieve a decision to dismiss, demote, or suspend the team member without pay through the internal grievance procedure. Grievances and appeals from non-classified team members are not appealable beyond the Agency Director or designee, except in claims of reprisal. Nothing in this provision changes the at-will employment status of a non-classified team member.

There are three steps to the grievance process involving employer actions. Grievances are to proceed until the team member is satisfied, does not file a timely appeal, or exhausts the right to file a grievance or appeal. 

Failure on the part of the team member to grieve the decision within the time prescribed shall be construed to be acceptance of the determination at that point and the same grievance shall not be accepted thereafter.

Step One:
A regular team member who is grieving the result of an employer action may file a written complaint. Unless a waiver of the agency grievance process is obtained under the provisions of Section 3 of this policy, the written grievance must be filed with the Agency Director or designee within 15 working days from the date of notice of the employer action, from the date of the reprisal action, or from the date of the alleged discriminatory action. The team member must also provide a copy of the grievance to the person who made the decision being grieved. The team member should file the written grievance using Team member Grievance form (SFN 18409).

Failure to begin the procedure within the time limitations may cause the team member to lose the right to appeal to HRMS and have their appeal heard by the Office of Administrative Hearings (OAH). The Agency Director or designee will acknowledge receipt of the grievance within five (5) working days of receipt and request from the person who made the decision a complete copy of all material upon which the decision was based, including any written information provided to management by the team member prior to the decision. Generally, the information considered will be confined to the information submitted. However, the Agency Director or designee may determine to further investigate the issue(s).

Step Two:
If needed, an investigation will be conducted within 30 working days of the receipt of the complaint. The Agency Director or designee will notify the team member within five (5) working days of receipt of the complaint if an investigation will be conducted. The Director or designee will provide a response to the team member within 15 working days following the completion of the investigation report.

If it is determined that an investigation is not needed, the Agency Director or designee will review the written material and determine whether there was a reasonable basis to believe the allegations were true and support the action of management. The Agency Director or designee will issue a written response within 15 working days of the Director’s receipt of the written supporting information. The written decision of the Director or designee ends the internal grievance procedure.

Step Three:  
The team member, if dissatisfied with the response or action taken by the Agency Director or designee, or if no response is received from the Agency Director or designee within the response period, may appeal the complaint to HRMS and have their appeal heard by OAH.

The appeal must be filed with the HRMS director by completing an Appeal to HRMS Form (SFN 3096). The appeal form must be delivered, mailed, or transmitted by electronic means and must be received in the HRMS office by 5:00 p.m. within 15 working days of the date of service of notice of the results of the agency grievance procedure or within 15 working days from the date of service of notice of the waiver of the grievance procedure. The date of service of notice shall be considered to be the date the notice was mailed, or the date transmitted by electronic means, or absent proof of the date of mailing or delivery through electronic means, the date of actual delivery. The Agency Director or designee shall prepare a certificate of service, or provide reliable means, to show proof of the date of mailing, transmittal by electronic means, or hand delivery.

The HRMS director or designee shall within two working days submit a written request to the director of OAH to conduct a hearing on behalf of HRMS and shall forward a copy of the appeal form to the Director or designee.

OAH will consider the appeal in accordance with N.D. Admin Code 4-07-20.1-08.

SECTION 3. 
GRIEVANCE PROCEDURE FOR NON-EMPLOYER ACTIONS

(Non-employer actions are considered instances of actions by customers, vendors, or other third parties in the workplace that are considered to be discriminatory or harassing and the employer had the opportunity to respond but did not act).
 The Internal Grievance process is for grieving complaints with the agency up through the Agency Director.  Internal Grievances are to proceed to each successive step until the team member is satisfied with the outcome at that step, does not file a timely appeal, or exhausts the right to file grievance or appeal. 

Failure of the team member to grieve the agency decision to the next step in the process within the time prescribed shall be considered acceptance of the determination. The grievance will be considered completed and the same grievance shall not be accepted thereafter.

Grievances may be brought directly to the Agency Director or designee when they involve claimed discriminatory or retaliatory behavior or when the complaint involves the team member’s manager. The team member may also contact HRMS for assistance with the issue. If needed, a workplace investigation may be conducted within 30 days.

Step One:
A team member who has a complaint should first discuss it with their immediate manager. If discussion and any subsequent action taken by the manager fails to effectively resolve the complaint, the team member may file a written grievance with the immediate manager within five (5) working days of the incident or grievable action, or within five (5) working days after informal discussion with the immediate manager has failed to resolve the grievance. The team member should file the written grievance using Team member Grievance form (SFN 18409).

The manager, upon receipt of a written grievance, shall inform the Agency Director or designee and must respond to the complaint in writing, within five (5) working days of the receipt of the written complaint from the team member.

Step Two:
The team member, if dissatisfied with the response or action taken by the immediate manager, or if no response is received from the immediate manager within five (5) working days after receipt of the team member’s written grievance, may continue the formal grievance process by filing the grievance form with the (Insert Agency Title) or designee within five (5) working days from receipt of the immediate manager’s response or within five (5) working days following the manager’s response period, if no response is received.
 
The (Insert Agency Title) or designee must receive the written grievance within five (5) working days from the date of service of notice of the immediate manager’s response. The date of service of notice is the date the notice was mailed, or the date transmitted by electronic means, or absent proof of the date of the mailing or delivery through electronic means, the date of actual delivery. 

The agency shall prepare a certificate of service or provide reliable means, to show proof of the date of mailing, transmittal by electronic means, or hand delivery.

The (Insert Agency Title) or designee, upon receipt of a written grievance, shall notify the team member’s manager of the receipt of the complaint, properly review the issue, and give a written response to the team member within 10 working days of receipt of the grievance from the team member.

Step Three (The following step is only applicable in agencies with more than two levels of management):
The team member, if dissatisfied with the response or action taken by the (Insert Agency Title), or if no response is received from the (Insert Agency Title) within 10 working days after receipt of the written grievance, may continue the formal grievance process by filing the grievance form with the Agency Director or designee. The team member must file the grievance with the Agency Director or designee within five (5) working days from the date the team member receives the (Insert Agency Title)’s response or within five (5) working days following the expiration of the (Insert Agency Title)’s response period if no response is received. 

The Agency Director or designee must receive the continued grievance within five (5) working days from the date of service of notice of the (Insert Agency Title)’s response. The date of service of notice is the date the notice was mailed, the date transmitted by electronic means, or absent proof of the date of mailing or delivery through electronic means, the date of actual delivery. The agency shall prepare a certificate of service or provide reliable means to show proof of the date of mailing, transmittal by electronic means, or hand delivery.

The Agency Director or designee shall notify the team member’s (Insert Agency Title) of receipt of the grievance, properly review the issue, and give a final written response to the team member within 15 working days of receipt of the complaint from the team member. The final written decision of the Agency Director or designee ends the agency internal grievance procedure.

Investigations:
If needed, an investigation will be conducted within 30 working days of the receipt of the complaint. The Agency Director or designee will notify the team member within five (5) working days of receipt of the complaint if an investigation will be conducted. The Director or designee will provide a response to the team member within 15 working days following the completion of the investigation report.

If it is determined that an investigation is not needed, the Agency Director or designee will review the written material and determine whether there was a reasonable basis to believe the allegations were true and support the team member’s allegation or support the action of management. The Agency Director or designee will issue a written response within 15 working days of the Director’s receipt of the written supporting information. The written decision of the Director or designee ends the internal grievance procedure.

SECTION 4. 
WAIVER OF AGENCY GRIEVANCE PROCESS 

An agreement to waive the agency grievance procedure and appeal directly to HRMS to have the appeal heard by OAH is allowed if both the team member and the Agency Director or designee agree, in writing, to waive the procedure. Upon obtaining the waiver, the team member may appeal directly to HRMS in accordance with N.D Admin Code 4-07-20.1-08.

The team member’s waiver request must be in writing, as must be the Agency Director’s or designee’s approval or denial of the waiver request. The team member must use Team Member Request for Waiver of Internal Agency Grievance Procedure form (SFN 53730). The Director or designee and the team member must sign form SFN 53730 within 15 working days from the date of the employer action. If the waiver is approved, the team member may file a written appeal directly to HRMS to have their appeal heard by OAH. The appeal must be delivered, mailed, or transmitted by electronic means and must be received in the HRMS office by 5:00 p.m. within 15 working days from the date of the approved waiver. An additional 15 working days is not available if the requested waiver is denied. Therefore, the team member should act early to allow a possible waiver denial and still allow time to initiate the internal grievance process within 15 working days of the employer action.

LIMITATIONS FOR REDUCTION-IN-FORCE APPEALS

A regular team member may appeal a reduction-in-force only on the basis that the agency did not utilize a uniform comparative analysis as required by N. D. Admin. Code § 4-07-11-03 or that the reduction-in-force was conducted in a discriminatory manner that would violate the State’s policy against discrimination as stated in N.D.C.C § 14-02.4-01.

A former regular team member who was reduced in force may appeal a denial of reemployment only on the basis that the agency did not follow N.D. Admin. Code § 4-07-11-07 or that the denial of reemployment was conducted in a discriminatory manner that would violate the State’s policy against discrimination as stated in N.D.C.C. § 14-02.4-01. The assessment of whether an individual meets the qualifications necessary for successful performance shall remain with the agency.

SECTION 4. 
CLASSIFICATION AND PAY GRADE APPEALS

An appeal of any classification action or pay grade assignment must be submitted and processed in accordance with current rules in N.D. Admin. Code ch. 4-07-03, 4-07-04, and N.D. Admin. Code ch. 59.5-03-02. Individuals may contact agency Human Resources for interpretation and guidance in initiating a classification or pay grade appeal. 

PERFORMANCE EVALUATION APPEALS

Performance evaluations are not grievable beyond the next higher-level manager unless the performance results in demotion, dismissal, or other loss of benefits or pay; or the team member alleges discrimination or reprisal in the review. Alleged discrimination or reprisal may be grievable using the agency’s internal grievance procedure.

SECTION 5.  
DISCRIMINATION GRIEVANCE PROCEDURE FOR APPLICANTS

The State has established a grievance procedure for applicants for positions in state government and team member applicants who believe they have been subject to discrimination on the basis of race, color, religion, sex, national origin, age, genetics, the presence of any mental or physical disability, status with respect to marriage or public assistance, participation in lawful activity off the employer’s premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer, or political opinions or affiliations. These procedures are a supplement to the rules of N.D. Admin. Code § 4-07-20.2-04.

PROCEDURE FOR APPLICANTS

An applicant with an alleged discrimination complaint may file a grievance with the Agency Director or designee. The grievance must be in writing and filed within 15 working days of the alleged discriminatory action. If needed, an investigation will be conducted. A response of the Agency Director or designee will be provided to the complainant within 15 working days from the receipt of the complaint or 15 working days from the completion of the investigation report if an investigation was deemed necessary. The decision of the Agency Director or designee ends the agency administrative complaint process. Grievances from applicants for non-classified jobs are not appealable beyond the Agency Director or designee.

If an applicant for a classified job is dissatisfied with the decision of the Agency Director or designee, or if no response is received from the Agency Director or designee within the 15 working day response period, the applicant may file an appeal with the director of HRMS under the provisions of N.D. Admin. Code ch. 4-07-20.2.

PROCEDURE FOR TEAM MEMBERS WHO ARE APPLICANTS

For team members who are applicants, unless a waiver is obtained in accordance with Section 3 of this policy, the complaint must be filed with the Agency Director or designee.

If needed, an investigation will be conducted within 30 working days following the filing of the complaint. The applicant will be notified within five (5) working days of the filing of the complaint that an investigation will be conducted. A response of the Agency Director or designee will be provided to the applicant within 15 working days following completion of the investigation report. The decision of the Agency Director or designee ends the agency administrative complaint process.

If an applicant for a classified job is dissatisfied with the decision of the Agency Director or designee, or if no response is received from the Director or designee within the 15 working day response period, or if a waiver of the agency internal grievance process is obtained in accordance with Section 3 of this policy, the applicant may file an appeal with the director of HRMS under the provisions of N.D. Admin. Code ch. 4-07-20.2. The appeal form must be delivered, mailed, or transmitted by electronic means and must be received in the HRMS office by 5:00 p.m. within 15 working days of service of the notice of results of the agency grievance procedure or within 15 working days from the date of the waiver. The date of service of notice shall be considered to be the date the notice was mailed or the date transmitted by electronic means, or absent proof of the date of mailing or delivery through electronic means, the date of actual delivery. The HRMS Director or designee shall prepare a certificate of service, or provide reliable means, to show proof of the date of mailing, transmittal by electronic means, or hand delivery.

SECTION 6. REPRISAL 
DEFINITION

“Reprisal” means an unfavorable employment-related action taken against an applicant or team member by an appointing authority for appealing to HRMS or the State Personnel Board; for exercising the team member’s rights under the Public Employee Relations Act, N.D.C.C. 34-11.1-04; for testifying before a legislative committee; or for requesting timely assistance under the team member assistance program.

INTRODUCTION

Acts or threats of reprisal (retaliation) are a violation of agency policy.

There are three essential elements of a retaliation claim: 

1. engaging in a legally protected activity.
2. an adverse employment action, such as suspension, demotion, or termination; and 
3. a causal connection between engaging in the protected activity and the adverse employment action. Other examples of adverse employment actions include but are not limited to harassment, intimidation, threats, or coercion.

Reprisal against an applicant for a classified position is prohibited.

Reprisal against a team member who seeks assistance from HRMS, the State Personnel Board, or through the team member assistance program; files a claim of discrimination, including sexual harassment; exercises rights under the Public Employee Relations Act; or testifies before a legislative committee, is prohibited.

Direct or indirect reprisal against anyone who, in good faith, raises or points out workplace compliance related violations or issues is also prohibited.

There shall be no reprisal against any participant or witness in a workplace investigation or a complaint, grievance, or compliance violation. Any team member who retaliates against another team member in violation of the law and/or this policy is subject to disciplinary action up to and including termination of employment.

The agency requires the reporting of problems and prohibits reprisal for reporting such problems. Allegations of reprisal will be investigated.

A team member who has a complaint of reprisal by anyone at work, including any manager, coworker, or the public, must report such conduct to their manager immediately. If the complaint involves the team member’s manager, or if the team member for any reason is uncomfortable reporting to the immediate manager, the team member must report the incident directly to a (Insert Agency Title) or the Agency Director. The team member may also contact HRMS for assistance with the issue.

An applicant for a classified position who alleges reprisal may file a grievance with the Agency Director or designee. The grievance must be in writing and filed within fifteen (15) working days of the alleged reprisal action. An investigation will be conducted. A response of the Agency Director or designee will be provided to the applicant within 15 working days following completion of the investigation report.

If the applicant for a classified position is dissatisfied with the decision of the Agency Director or designee, or if no response is received from the Agency Director or designee within the 15 working day response period, the applicant may file an appeal with the director of HRMS under the provisions of N.D. Admin. Code ch. 4-07-20.2.

Updated: 6/2023

Effective Dates: 12/1/2022

Group benefit programs are administered by the North Dakota Public Employees Retirement System (NDPERS). Information about each of the benefit program can be obtained from the NDPERS website. Team members will utilize the NDPERS website Member Self Service portal to enroll in benefit programs. For additional assistance, contact NDPERS through the website or by calling 701.328.3900 or toll free at 800.803.7377.

Reviewed 6/2023

Effective Date: 10/1/2020

The State of North Dakota, as the employer, provides 10 paid holidays to team members who work in regular positions. Recognized holidays for state government purposes:

1. The first day of January, which is New Year’s Day.
2. The third Monday in January, which is Martin Luther King Day, in recognition of “the life, legacy, and dream of Martin Luther King, Jr.”
3. The third Monday in February, in recognition of the birthday of George Washington.
4. The Friday preceding Easter Sunday, commonly known as Good Friday.
5. The last Monday in May, which is Memorial Day.
6. The fourth day of July, which is the anniversary of the Declaration of Independence.
7. The first Monday in September, which is Labor Day.
8. The eleventh day of November, which is Veterans' Day.
9. The fourth Thursday in November, which is Thanksgiving Day.
10. The twenty-fifth day of December, which is Christmas Day.
11. Every day appointed by the President of the United States or by the Governor of this state for a public holiday (NDCC Section 1-03-01).

If such holiday falls on Saturday, the preceding Friday will be the holiday; if the holiday falls on Sunday, the Monday following will be the holiday (NDCC Sections 1-03-02 and 1-03-02.1).

State offices close at 12 noon on December 24, Christmas Eve Day, if the 24th falls on Monday, Tuesday, Wednesday, or Thursday (NDCC Section 1-03-01.1).

Holiday Work Schedule Adjustment Options

The standard work week is 40 hours, consisting of five 8-hour days. A holiday is considered to be an 8-hour day except for December 24 which is 4 hours. Therefore, adjustments must be made for those team members working an alternate work schedule.

If a state team member is scheduled to work on a holiday, the team member may be provided an alternate day off.

Authority:  NDAC 4-07-07-06, NDCC Section 1-03-01
Updated 10/2020 
Updated 6/2023
 

Effective Date: 10/1/2018

The State of North Dakota, as the employer, provides up to twenty-four (24) working hours of leave with pay per calendar year for a team member to participate as an honor guard for a funeral service of a veteran.

Honor guard: An individual with an essential ceremonial role in the funeral service of a veteran.

Honor guard leave: Approved absence from work with pay for a team member to participate in an honor guard for a funeral service of a veteran.

Individual with an essential ceremonial role: performing as part of the official funeral service of a veteran is a member of the flagbearers, a member of the flag-folding team, member of the firing party, the bugler, or the honor guard captain.

Honor guard leave is a separate type of paid leave and is not considered to be annual or sick leave.

Honor guard leave is prorated for team members working less than 40 hours per week (i.e. a team member normally scheduled to work 20 hours per week would be eligible for 12 working hours of honor guard leave.)

Temporary team members are not eligible for paid honor guard leave. References: NDAC 4-07-14-02, 03, 04
Reviewed 1/2020 
Reviewed 6/2023
 

Effective Date: 2/1/2023

The State of North Dakota, as the employer, understands the relationship between newborns and their parents and has adopted an infant at work policy. Regular and temporary team members may request to care for their infant child by birth, adoption, or foster care, under the age of six months, during normal working hours.

Infant at Work Approval

Team members interested in participating in the Infant at Work program must complete and submit to their manager an Infant at Work Request form (SFN 54321) that includes an individual plan that will set forth general information regarding the infant’s care, including the days and times the infant will be in the work environment and the intended duration of the infant at work arrangement. The manager will review the request with their chain of command. Final approval of the agency director or designee is required.  The plan must be approved before the infant can be brought to the work environment during working hours.

If the team member’s request is approved, the team member and other parent (if applicable) of the infant are required to sign a waiver of liability, indemnification, and medical release (SFN 59429) prior to bringing the infant to the team members work.

Requirements

For instances where the infant accompanies the team member to the physical office location:

• The infant should stay in the parent’s workspace unless another team member agrees to have the infant in their workspace for a short period of time.
• Appropriate furniture for the infant’s care, i.e., crib, playpen, swing, etc. must be provided by the parent.
• A sick infant is not brought to the physical office location.
• In the event the infant becomes sick or is fussy for a prolonged period causing a distraction or prevents the parent from accomplishing work, the baby shall be removed from the physical office location.
• The infant is not to come in contact with agency’s clients and/or customers.
• Diaper changes must be done in a private environment not in view of the public or co-workers. Used cloth diapers must be stored in a closed container and taken home daily. Used disposable diapers must be wrapped appropriately and discarded in an appropriate container outside of an office or meeting space.

Consideration must be taken to ensure the environment is always safe for the infant.

A team member’s child may not travel in a state vehicle. If the parent’s job includes travel, they will need to make childcare arrangements for those days of travel.

The agreement may be terminated at any time, by either party, with written notification.

At the conclusion of the infant at work duration, the manager shall complete SFN 54320, Supervisors’ Infant at Work Review.

Teleworking

All tenants of this policy are in effect whether the team member is working at home or in an office setting. Teleworking is not designed to be a replacement for appropriate childcare or eldercare. Although an individual team member’s schedule may be modified to accommodate childcare or eldercare needs, the focus of the arrangement must remain on job performance and meeting business demands. Teleworking team members are encouraged to discuss expectations of teleworking with members of their household.

Updated: 9/2024

Effective Date: 2/1/2023

Team members selected for jury duty must be granted an approved absence from work with pay, except that an amount of pay equal to the amount the team member received from the court for jury duty service must be deducted from the team member’s regular pay.  However, if a team member is on authorized annual leave while performing jury duty, the team member may retain the fee paid by the court and the team member’s pay may not be reduced.

Team members who are called to appear as a witness or expert witness on behalf of the employer are reimbursed by the employer for mileage, meals, and lodging.  Also, the team member must be paid the team member’s regular rate of compensation for time spent as a witness.  In this circumstance, the team member is not considered on leave.

A team member may retain a witness fee paid by a party only when each of the following applies: 

• The team member’s agency did not reimburse the team member for mileage, meals, and lodging.
• The team member was on authorized leave.

If a team member performs witness duties unrelated to the team member’s official capacity or because the team member is personally interested in the proceedings or because the team member volunteers to do so, they must be placed on annual leave or leave without pay status.  In these situations, the team member may retain any witness fee provided to the team member.

Temporary team members are not eligible for paid jury or witness leave unless they perform witness duties related to the team member’s official capacity.

Reference:  NDAC 4-07-16

Reviewed: 2/2024

Effective Date: 2/1/2023

When the State of North Dakota is subject to or reasonably foresees that it will become involved in litigation, it will immediately implement “litigation hold” procedures to preserve relevant documents, electronic information, and other materials. A “litigation hold” is the process of identifying and preserving such materials. A “litigation hold” may impact established records management plans, requiring certain documents and electronic information to be retained for longer periods of time in an unaltered form.

The Agency’s “litigation hold” and preservation of evidence procedures may include any and/or all the following, based upon the situation:

• If team members become aware of potential or actual litigation, they should contact the assistant attorney general or special assistant attorney general assigned to the agency. If an assistant attorney general or special assistant attorney general is not assigned to your agency, managers should contact the North Dakota Solicitor General (Director of Civil Litigation) at 701.328.3640.
• A Destruction Hold Notice (SFN 52376) should be issued by the agency or its assigned assistant attorney general or special assistant attorney general based on currently available information. This can be revised after steps 3 and 4 are completed, if needed.
• Appropriate agency personnel and the assistant attorney general or special assistant attorney general assigned to the agency, in conjunction with the North Dakota Attorney General or the assistant attorney general designated to represent the Agency in the litigation, will meet to determine whether a litigation hold should be implemented. “Appropriate agency personnel” includes the person or persons most knowledgeable about the relevant computer systems and network operations at the agency, the storage and retrieval of information, and procedures for backing up and archiving electronic information.
• If a decision is made to implement a litigation hold, the individuals at the meeting will determine the scope of the litigation hold and how best to implement the litigation hold. The individuals at the meeting will:  
  • Identify the information, including electronically stored information that may be relevant to the litigation. 
  • Identify who may have the relevant documents, electronic information, or other materials in their possession. 
  • Identify all locations and storage media of such materials. With respect to electronic information, such locations may include:
    • Desktop and laptop computers and network servers
    • Email servers and hand-held devices (ex: cell phones)
    • Storage devices
    • Offsite storage
    • Remote computers with network connections
    • CDs, DVDs, Memory Sticks, and other portable storage devices
    • Home computers or equipment 
  • Identify how best to implement the litigation hold, including how to preserve electronic data. Implementation includes:
    • Arranging for the appropriate individual (agency head, division director, assistant attorney general), to send a written notice to team members at all applicable organizational levels.
    • Specifying the documents and other materials as to which diligent efforts should be made to preserve and the method and places of preservation.
    • Notifying the appropriate agency personnel of steps, the agency needs to take to preserve electronic data, such as requesting segregation, removal, or exchange of computers or
    • Copying or cloning of hard drives.
    • Notifying the appropriate individual(s) in SHSND of steps needed to preserve electronic data, such as halting routine deletion of email, halting automatic updates or cleaning of computers, preserving backup tapes beyond the routine write‐over cycle, or transferring certain electronic data to a dedicated server.
    • Determining how to monitor compliance with the litigation hold notice by periodically checking back with affected management and staff.
    • Determining how to keep a written record of steps taken to preserve documents, electronic information, and other materials to demonstrate compliance with the duty to preserve potential evidence.
    • If needed, determining who will assist in reviewing documents for production and assertion of the privileges. 
    • Determining how affected staff will be notified when the litigation hold has been canceled or removed.

Reviewed: 6/2023

Effective Date: 2/1/2021

Team members who serve in the reserve components of the US Armed Forces (Reserve or National Guard) may be required to take leave to attend military training, to provide disaster response, or for mobilization or deployment. These team members are entitled to a leave of absence from their state position for any military duty including traveling to and from a duty station without loss of status or efficiency rating.

Team members that have been in the continuous employment of the state for 90 days will receive 20 workdays each calendar year without loss of pay for any military duty. Team members are permitted to use those workdays on an incremental basis. In addition, any leave of absence necessitated by a full or partial mobilization of the reserve and national guard forces of the United States of America, or emergency state active duty, in which official orders to active duty are issued, team members will be granted 10 additional days of military leave per calendar year to attend active-duty service.

If leave is required for any military related duty or travel (including to and from a duty station) on a team member’s scheduled workday, the team member will be given the option of time off as paid military leave, annual leave, unpaid leave or given the opportunity to reschedule the work period to allow for military duty to occur during time off.

Temporary team members are eligible to use Military Leave as long as they have been employed with the State of North Dakota for at least 90 consecutive days. Temporary team member schedules may vary so a 90 day look back period starting the day prior to their military duty should be used to determine the average number of hours they worked during that timeframe. This average can be used to calculate the number of hours they are eligible to use for their approved military leave. 

Annual and Sick Leave Accrual

• Annual and sick leave will not accrue during time of active service for deployment.
• Annual leave accrual rate will be calculated as if there is continual employment.

Reinstatement of Employment

A team member who within 90 days after receiving a discharge other than dishonorable from active military service will be reinstated to employment to their former position or one of like seniority, status, and pay, and is immune from discharge from the position except for cause, as defined by the North Dakota Department of Veterans’ Affairs for a period of one year after entering back into the position.

References:

USERRA 38 U.S.C. 4301-4335

NDCC 37-01-25

Updated: 5/01/2024

Effective Date: 11/1/2018

The State of North Dakota, as the employer, has established a Modified Duty Program that complies with the Americans with Disabilities Act, helps to minimize Workers Compensation costs, and assists team members who are temporarily unable to perform their position’s assigned job duties.  This policy applies to all team member regardless of status.

The State may, at its sole discretion, provide modified job assignments to injured workers on a temporary basis. Modified assignments under this policy are specially created temporary job assignments and are not vacant or regular positions within the State’s workforce.  The availability of such modified assignments depends on the team member’s work restrictions and the business needs of the State.

If a modified duty assignment is available, a team member will be permitted to work in a modified duty assignment only after the State receives a written statement from team member’s treating health care provider approving the assignment for the injured team member. In general, the State will review the status of the temporary modified duty assignment with the affected team member every 30-90 days, in light of the State’s business needs and the team member’s condition, to determine team members continuation of the assignment is appropriate.

If a modified duty assignment is offered by the employer and approved by the team member’s physician, a team members refusal to accept the offer of modified duty may affect the team member’s right to worker’s compensation benefits under applicable law.

Modified assignments are not available to team members on an ongoing basis under any circumstances.

The existence of this modified duty policy does not in any way guarantee that modified duty will be available at any given time, or for any particular team member who requests it.

If at any point a team member is medically determined to have sustained permanent restrictions, the creation or continuation of a temporary modified duty assignment will not be considered. In that event, the State will review the team member’s situation to determine the appropriate steps to be taken, if any, based on existing State and Federal laws, rules, and policies.

Any team member who is determined to have violated this policy will be subject to disciplinary action up to and including termination of employment.

References: Americans with Disabilities Act of 1990 (ADA) and ADA Amendments Act of 2008

Reviewed 1/2020 
Updated  6/2023

Effective Date: 9/1/2024

The State of North Dakota, as the employer, in accordance with the PUMP Act, the Patient Protection and Affordable Care Act amendment of the Fair Labor Standards Act, gives team members reasonable break time to express breast milk for a nursing child. The team member is eligible for this break time up to one year after the child’s birth each time such team member has the need to express milk. A team member needing time beyond one year may request this through their immediate manager or agency Human Resources.

Team members are provided a flexible schedule for breast feeding or pumping breast milk for their child. The time should not exceed normal time allowed for lunch and breaks. If additional time is necessary, annual leave may be used or the team member may use a flexible schedule to come in early or stay late to make up the time. Flexible schedules require manager approval prior to implementation.

Team members must be provided a private place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, to use for expressing breast milk. Team members who do not have a private office should contact their agency Human Resources to request access to a designated area. 

Reference N.D.A.C. 46-02-07-02 NDCC 23-12-16, 23-12-17

Effective 11/1/2023 

The State of North Dakota, as the employer, may experience inclement weather or other emergencies that may result in a state office to be closed. Agency leaders may designate key positions that will provide continuing or essential services as required. Team members not in key positions as outlined in NDAC 4-07-08-04, shall report to work as scheduled unless notified otherwise by their agency leadership. Alerts may be sent out regarding office closures, and it is the responsibility of agency leadership to communicate expectations to their team members. 

During times that state offices are closed to the public, team members who are authorized and able to work remotely are expected to follow their normal work schedule. Agency leadership will communicate expectations in a timely manner so team members can plan accordingly and transition to remote work as needed. Team members who normally work remotely will continue to work as normal. This will allow state government to maintain services and reduce risk to team members. 

If a team member who is authorized to work remotely chooses to adjust their schedule or opts not to work during inclement weather, they must take annual leave. A team member who has been pre-approved for annual leave during an office closure, will be charged leave accordingly. If a team member is released early from work by agency leadership and is unable to work remotely, their pay will not be reduced for hours they were unable to work. 

Reference: NDAC 4-07-08

Effective Date: 2/1/2023

An agency may grant a leave of absence, not to exceed 20 workdays, to a team member for the purpose of donating an organ or bone marrow. A team member may request and use donated annual or sick leave for the purpose of donating an organ or bone marrow but cannot exceed the limitations of donated leave as stated in the State Leave Sharing policy.

If a team member does not receive the full amount of leave needed for the donation, the agency director or designee may grant a paid leave of absence for the remainder of the leave up to the maximum total of 20 days. The agency may require verification by a physician regarding the purpose and length of the leave requested. Any paid leave of absence granted under this section may not result in a loss of compensation, seniority, annual leave, sick leave, or accrued overtime for which the team member is otherwise eligible.

Reviewed 6/2023

Effective Date: 9/1/2018

The State of North Dakota, as the employer, conducts performance evaluations with team members to ensure team members are adequately performing the assigned job duties and to provide a basis for team member development discussions and salary administration actions.

The performance evaluation process is an ongoing discussion between a team member and the direct supervisor to establish a clear understanding regarding:

1. The essential job functions of the position;
2. How the team member’s job contributes to the objectives of the division/agency/state;
3. How the team member and supervisor will work together to sustain, improve, or build on existing team member performance;
4. How job performance will be measured;
5. Identification and removal of barriers; and
6. Identify development plan to learn and grow.

All non-probationary classified state team members will have a performance evaluation completed at least annually.

ANNUAL TIMELINE

July – September: Priorities are set within the agency. Job descriptions are reviewed to ensure the information is current. Team members complete their key goals, outcomes, and development planned for the next 12 months. The supervisor and team member review the information together.

October – March: Supervisor meets with the team member to discuss career aspirations, associated development plan, as well as a check-in on performance. This discussion should be documented as part of the performance appraisal.

April – June: Supervisor schedules a discussion with team member concerning accomplishments, outcomes, and development achieved throughout the past year. Team member completes the self-evaluation, and the supervisor completes their portion of the form. Annual performance evaluations completed serve as basis for salary administration. Agencies will establish internal deadlines for completion in accordance with the annual statutory requirement but no later than June 30.

A team member receiving an overall needs improvement rating must be placed on a performance improvement plan.

A probationary status team member will receive a performance evaluation at the end of the probationary period. The agency may extend the initial period of probation for up to six months if the team member is not meeting performance standards. The agency must notify the probationary team member in writing of the decision to extend, the reason for extension, and the length of the extension. The agency must notify the team member within fifteen (15) working days of completion of the probationary period of the agency’s decision to extend the probationary period. Alternatively, a probationary team member who is not meeting performance standards may be separated from employment at will if they do not successfully complete the initial probationary period or the extended probationary period.

If a team member’s supervisor changes during the evaluation cycle, both supervisors share responsibility for the yearly evaluation. It is the responsibility of the new supervisor to assure the performance evaluation is completed within the required timeline, and it is the responsibility of the former supervisor to provide feedback for the appropriate portion of the evaluation.

Performance evaluations are not grievable beyond the next level supervisor unless the evaluation is combined with a demotion, dismissal, reduction in pay, or if the team member alleges discrimination or retaliation in the evaluation. Such allegations are grievable through the grievance process of the employing agency.

Revised 11/2019 
Reviewed 6/2023
 

Effective Date: 10/01/2022

Team member personnel files are open records. Only one official personnel file is maintained per team member. This file must be under the control of the agency director or a designated representative. A record of access must be in each personnel file. SFN 17770 Employee Records Access Form is used for that purpose.

A team member or the team member's designated representative must be permitted to examine the team member's own personnel file. No material is to be added, removed, or altered in the file; however, a copy of any document must be provided if requested.

Documents concerning a team member's character or performance may be placed in the team member's file only when the team member has signed them. Should a team member refuse to sign the copy to be filed, the agency director or designated representative shall indicate on the copy that the team member was shown the material, was requested to sign the material to verify that the material had been read, and that the team member refused to sign the copy to be filed. In the presence of a team member and a witness, the agency director or designated representative shall sign and date a statement verifying the refusal of the team member to sign the copy to be filed. The material must then be placed in the file. No anonymous letters are to be placed in a team member's file.

Material found to be without merit or unfounded through an established grievance procedure, must be immediately removed from the file and may not be used against the team member. Records, reports, and correspondence regarding a team member’s grievance shall by retained in a file separate from their personnel file.     

Medical information about a team member must be maintained in a separate file (NDCC 44-04-18.1). Medical files are subject to strict confidentiality and should remain in the control of the agency director or designated representative. Exceptions to the confidentiality requirements are as follows:

• Managers may be informed of a team member's medical restrictions on work duties.
• First aid/safety personnel may be informed of a team member's medical status or history, as appropriate.
• Government officials investigating compliance must be provided access or information on request.

Unless one of the exceptions above applies, medical information may not be released without the written consent of the team member. Medical records must be retained for the term of employment plus six years.

Managers should maintain informal notes to use in preparing team member performance evaluations. These notes should not be placed in a team member's file.

When a team member's personnel file has been accessed by a person who is not the agency director or designated representative, the team member should be notified by the agency director or designated representative. The agency director or designated representative should also ensure that the person is observed during the time a team member's file is being examined and that no documents are added, removed, or altered. Personal information must be redacted when copies are made for other individuals. Medical, employee assistance program, and other personal records may be exempt from open records law as defined in NDCC 44-04-18.1.

Any person who requests a copy of a document in a file should be given one, pursuant to the exceptions detailed in this policy. The agency may charge a reasonable cost for making the copy.

Updated 6/2023 

Effective Date: 7/1/2021

The Records Management Division of North Dakota Information Technology Department (NDIT) has developed a Records Retention Program and has implemented a Records Retention Schedule that includes retention/destruction of both paper and electronic records. It is the State of North Dakota’s policy to preserve all official records in accordance with applicable statutory and regulatory requirements, and to promote access to information by staff, partners, and the public, as appropriate.

Each agency head or designee and records coordinator are responsible for providing the leadership, planning, overall policy, guidance, training, and general oversight of records management for the Agency. Each Agency is required to follow the established policy, which contains the elements below:

• The team members of the Agency are ultimately responsible for creating and preserving records that adequately and properly document the organization, functions, policies, decisions, procedures, and essential transactions of the Agency.
• Manage records, regardless of format, in accordance with applicable statutes, regulations, and policies.
• Maintain electronic records to ensure they are accessible throughout their entire life cycle.
• Secure records to protect the legal and financial rights of the government and persons affected by government activities.
• Dispose of records (electronic or paper) as specified in the approved records retention schedules.
• Assume responsibility for email and other electronic accounts upon the departure of a team member.

This includes ensuring that a Records Management Program is developed which includes retention and disposal of both paper and electronic records.

In addition, all supervisory level team members who are involuntarily terminated, resign or depart without notice or who die unexpectedly while employed shall have their email and other electronic accounts placed on hold until an individual designated by the agency head has reviewed the accounts to determine what, if any, documents are subject to records retention obligations or are otherwise necessary to preserve in order to meet business needs or legal obligations. Supervisory team members that are placed on administrative leave pending disciplinary action shall have their accounts placed on hold to ensure the contents cannot be changed until a final personnel decision. In the event the agency head leaves for any of the above reasons, their email account must be preserved for 12 months, and their accounts must be reviewed by the agency head’s successor or state archivist.

Records retention schedules for all divisions are available on NDIT’s website.

Reference: NDCC 54-46-08

Updated: 8/01/2023

Effective Date: 12/1/2022

A retirement award shall be provided to a team member who has a minimum of 15-years of state service and who has not been previously recognized by the State as follows: 

• A retirement certificate signed by the Governor and/or a plaque
• A gift with a value not to exceed $200

A farewell party may be provided upon agreement of the team member and agency.

Retirement awards may be withheld if there are documented problems with a team member’s performance. A team member may not receive cash as part of a service or retirement award program. An agency may provide a gift certificate or gift card.

Please note that retirement award gift certificate or gift cards are taxable.

Reference NDAC 4-07-18

Reviewed 6/2023

Effective Date: 12/1/2022

The State of North Dakota, as the employer, complies with the salary basis requirements of the Fair Labor Standards Act (FLSA). Therefore, improper deductions from the salaries of exempt team members are prohibited. The State of North Dakota does not allow deductions that would violate the FLSA. If an exempt team member believes an improper deduction has been made to their salary, they must immediately report it to their manager or Human Resource team member. Reports of improper deductions will be promptly investigated. If an improper deduction has occurred, the team member will be promptly reimbursed.

Reviewed 6/2023

Effective Date: 1/1/2021

The State of North Dakota Pay Administration Plan covers the requirements set forth in Administrative Rules NDACC 4-07-02 entitled “Salary Administration Procedures.”

SECTION 1. WAGE AND SALARY LEVELS

The level of wages or salaries provided to a classified team member must be within the pay grade range established for the classification. Compensation is based on a 40-hour workweek. Each team member is required to work a regular 40-hour workweek or be paid as a part-time or hourly team member. Full-time team members receive the full amount of the established monthly rate. Part-time team members receive a percentage of the established monthly rate based on the proportion of the month worked. Part-time team members are those team members who work regularly scheduled hours (but less than 40 hours per week), which are determined prior to the beginning of the monthly pay period. 

Prior to extending a wage or salary offer to a team member or prospective team member in filling a regular position, the manager must ensure that:

• The position is a legislatively authorized position.
• The position is appropriately classified.

Provided the above criteria have been met, agency head or designee may determine a salary level within the established pay grade range. The salary, together with authorized benefits, will reflect the appropriate compensation for each team member hired. 

SECTION 2. CHANGES TO WAGE AND SALARY LEVELS

Adjustments to the wage or salary level of division directors are made by the Agency director or designee. Adjustments to the wage or salary level of all other team members require the approval of authorized agency management.

Adjustments to the wage or salary level of team members may not be considered automatic or across-the-board unless expressly authorized by legislative action or the Agency director. All salary adjustments must be in compliance with the administrative rules on salary administration procedures in NDAC 4-07-02.

SECTION 3. PERFORMANCE BONUS

The Team member Performance Bonus program allows agencies to recognize and reward regular team members for exceptional performance or work achievement.

The division designee must document in writing to the Agency head or designee the team member’s exceptional efforts and accomplishments and that the following technical requirements have been met:

• The team member has held a position in state government for at least one year before a bonus is paid.
• The team member is a full-time or part-time regular non-probationary team member holding a regularly funded non-temporary position.
• The team member’s overall annual performance evaluation satisfies the agency’s performance bonus program criteria for receiving a bonus.
• The team member has not received a previous performance bonus during the fiscal year.
• No performance bonus may exceed $1,500.

Agency heads and managers may develop job-specific guidelines or criteria for their work unit to assist with the determination of performance bonuses.

A performance bonus is subject to state and federal taxes and withholdings. Amounts paid under this plan are not included in the calculation of a team member’s hourly rate of pay nor benefit plan calculations tied to a team member’s salary.

The agency authorized personnel will provide the oversight on this performance bonus program, seeking to ensure effectiveness, fairness, equity, and non-discriminatory employment practices are exercised across the organization. 

SECTION 4. RETENTION BONUS

A retention bonus may be given as an incentive to retain a team member within an agency unless the team member is leaving to work for another state agency. If, however, this rule would result in a significant impact on the agency or negative fiscal consequences to the State, an exception may be sought under NDAC 4-07-02-06.

All positions/occupations in the agency are considered eligible for a retention bonus and may be designated hard-to-fill based on one or more of the following criteria:

• Demand exceeds supply.
• Special qualifications are required.
• Competition with other employers is intense.
• There is a risk of losing an incumbent with rare skills.
• The position is filled by a highly skilled team member who is in high demand in the marketplace.
• Loss of the team member would result in significant replacement costs.
• The position is filled by key personnel.
• The position has other unique recruitment or retention issues identified and documented by the appointing authority.

RECRUITMENT BONUS

A recruitment bonus may be used only in extraordinarily difficult labor-market circumstances where the demand for such talent exceeds supply and there is a need to fill a position. The agency will first attempt to use its usual recruitment methods prior to payment of any recruitment bonus. 

Review NDAC 4-07-02-06 and NDCC 54-06-31 for details and qualifications. 

REFERRAL BONUS

A referral bonus may be used only in extraordinary circumstances where there is a need to fill a position and usual recruitment methods are unsatisfactory. Identification of eligible positions or occupations considered hard to fill will be made by the Human Resources department. 

Review NDAC 4-07-02-06 and NDCC 54-06-31 for details and qualifications.

SECTION 5. PARTIAL MONTHS OF SERVICE

Team members working an incomplete month will be paid a prorated salary for the time worked. For additional information contact your agency Payroll section or OMB Fiscal Management Division.

Updated 6/2023

Effective Date: 2/1/2023

The State of North Dakota, as the employer, strives to ensure that team member separations, including resignations, retirements, and dismissals, are handled in a professional manner with minimal disruption to the workplace.  

Team members are expected to notify their manager, in writing, of their intent to resign or retire. Team members are expected to inform managers of their plans or intent to resign or retire a minimum of two weeks in advance of their final day of employment or as early as possible to facilitate replacement planning and training.

The manager will notify the Human Resource department by sending a copy of the resignation or retirement letter and any other pertinent information. The manager should also encourage the team member to contact appropriate resources such as the North Dakota Public Employees Retirement System (NDPERS) and Human Resources as soon as possible.

Agency director (or designee) has final authority to modify separation date.

Dismissal

Managers must consult Human Resources prior to taking any action related to the dismissal of a team member. There are many considerations connected with dismissal, also known as "discharge," of a team member. The Universal Discipline policy discusses this in greater detail.

Veterans have additional appeal rights over non-veteran probationary team members.  Veterans may request a hearing pursuant to the veteran’s preference law. 

Communications and Property

When a team member separates from employment, all agency property must be returned, including but not limited to computers, laptops, monitors, books, furniture, headphones, work related documents, building keys, magnetic access cards, state identification, and credit cards.

Benefits

The team member’s basic life insurance and health insurance premiums will be paid by the State one month beyond the month of last date of employment. The team member may elect COBRA continuation for their health, dental, and vision insurances. Life insurance is eligible for conversion from the group plan to an individual policy. The team member should visit the NDPERS website for more information regarding the status of benefits upon separating employment.

Final Pay

Team members separating employment will be paid through the last day identified in the notification letter, if the team members receive a monthly salary, it will be prorated for the month. The wage payment will be made on the next regular payroll for the team member. Payment of unused annual leave, applicable sick leave and compensatory hours will be made on the supplemental payroll, which falls on or about the 10th of the month following the month of leaving employment (supplemental payroll).

Transfer to Another State Agency

A team member who transfers between agencies with time off between the date the team member leaves a position and the date the team member begins employment in the new position must take annual leave or leave without pay in order to avoid a break in service.  The team member who transfers to a different state agency, must make arrangements for leave with the exiting and receiving agency prior to the effective date of the transfer. 

Reviewed 6/2023

Effective Date: 9/1/2020

The years of service awards apply to all regular and appointed team members who have completed the below identified milestones of full-time employment with the state of North Dakota. Team members who have left state employment and return will begin to accumulate time, which is added to the previous years of service to determine service awards.

The type of awards given to team members is as follows:

• Three years – certificate or plaque and a gift not to exceed $25
• Five years – certificate or plaque and a gift not to exceed $50
• Ten years – certificate or plaque and a gift not to exceed $100
• Fifteen years – certificate or plaque and a gift not to exceed $150
• Twenty years – certificate or plaque and a gift not to exceed $200
• Twenty-five years – certificate or plaque and a gift not to exceed $250
• Thirty years – certificate or plaque and a gift not to exceed $300
• Thirty-five years – certificate or plaque and a gift not to exceed $350
• Forty years – certificate or plaque and a gift not to exceed $400
• Forty-five years – certificate or plaque and a gift not to exceed $450
• Fifty years and every five-year increment thereafter – certificate or plaque and a gift not to exceed $500

Reference NDAC 4-07-18

Updated 6/2023

The State of North Dakota, as the employer, provides eligible permanent and probationary team members the ability to receive up to four months of donated annual and/or sick leave, in a 12-month period from eligible state of ND team members.

Leave Sharing Eligibility

Annual Leave Sharing

A team member is eligible for donated annual leave if the team member, relative or household member is suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition that has caused or is likely to cause the team member to take leave without pay or terminate employment.

Sick Leave Sharing

A team member is eligible for donated sick leave if the team member is suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition that has caused or is likely to cause the team member to take leave without pay or terminate employment.

Recipient Eligibility

Permanent and probationary team members are eligible to receive shared leave pursuant to the following conditions:

1. The team member has submitted medical documentation from a healthcare provider regarding the medical condition through PeopleSoft. Acceptable documentation includes Shared Leave Program Certification of Health Care Provider, FMLA Certification of Health Care Provider for Employee’s Serious Medical Condition or Employee’s Family Member Serious Medical Condition.
2. The team member has exhausted their own paid leave (annual leave, sick leave, or comp-time).
3. The team member abides by all related leave policies and processes.
4. The team member’s use of shared leave, including both annual and sick leave, does not exceed 693 hours in any 12-month period.

HRMS will make a determination on shared leave requests after consultation with the team member's agency designee. Donated leave received by the team member may be used only for the approved reasons. If a team member receives more donated leave than needed, the extra leave will be returned to the donor. Donated leave is not paid out to the team member at time of separation.

Donation Eligibility

Permanent and probationary team members are eligible to donate annual and/or sick leave to a team member on the shared leave list pursuant to the following conditions:

1. The team member retains 40 hours of annual leave after the leave donation has been made.
2. The team member donates no more than five (5) percent of their sick leave in a 30-day period.

Reference: NDCC 54-06-14.7

Reviewed 6/2023

Updated 8/2023

Effective Date: 9/1/2020

The State of North Dakota provides paid sick leave as a benefit to its team members who work in regular positions.

Eligible family member: The team member's spouse, parent (natural, adoptive, foster and stepparent), child (natural, adoptive, foster and stepchild), or any other family member who is financially or legally dependent upon the team member for financial or legal support.

Serious health condition: A disabling physical or mental illness, injury, impairment, or condition involving inpatient care or outpatient care requiring continuing treatment by a health care provider.

Sick leave is earned beginning on the first day of employment in a regular position. Full-time team members in regular positions earn (8) eight hours of sick leave for each month of full-time employment with no maximum accumulation.

Prorated hours of sick leave will be granted to team members in regular positions who work less than the standard 40- hour work week. When calculating earned sick leave, work time includes holidays and paid leave used.

Temporary team members are not eligible to earn sick leave.

Sick leave may not be used before it is earned. Team members who need to use sick leave in excess of their accrued sick leave may be required to utilize another type of paid leave.

Sick leave may be used by a team member for the following reasons:

• The team member is ill or injured and is unable to work.
• The team member has an appointment for the diagnosis or treatment of a medically related condition.
• For the birth or placement of an adopted/foster child not to exceed six weeks (240 hours) within the first six months to care for the child.  This applies to both parents. This does not prevent a team member from using additional sick leave for the team member’s own illness, medical needs or health needs following the birth of the child.
• For the death of the team member’s child not to exceed 160 hours within six months following the death of the child.
• The team member wishes to attend to the needs of the team member's eligible family members who are ill or to assist them in obtaining other services related to their health and well-being.
• Sick leave used for these purposes may not exceed eighty (80) hours per calendar year.
• Upon approval, a team member may take up to an additional 480 hours, per calendar year, of the team member’s accrued sick leave to care for the team member’s child, spouse, or parent with a serious health condition. The agency may require the team member to provide written verification of the serious health condition by a health care provider.
• The team member is seeking services or assisting the team member's spouse, parent, child, or sibling in obtaining services, relating to domestic violence, a sex offense, stalking, or terrorizing. At the discretion of the team member's manager, the sick leave hours used for this purpose may be limited to 40 hours per calendar year.
• The team member is a participant in a team member assistance program.

For all uses of sick leave, the manager has the option to request verification from the team member’s healthcare provider.

Reinstatement/Transfer of Leave Balances
A team member who leaves employment and who is rehired within one year must be credited with the amount of sick leave hours the team member had accumulated at the time of departure, less any amount for which the team member had subsequently been paid. A team member affected by a reduction in force and rehired within two years must be credited with the amount of sick leave hours the team member had accumulated at the time of termination, less any amount for which the team member had subsequently been paid.

When a team member transfers from one state agency or university system to another and there is no break in service, the “receiving” organization will accept all accrued sick leave hours. State agencies covered by the North Dakota merit system shall accept all accrued sick leave hours of a human service zone team member in a position classified by HRMS.

Payment of Balance
Team members with ten years of continuous state employment who leave the employment of the state are eligible for payment of 10% of their unused sick leave balance. An team member may not be paid for unused sick leave while the team member remains in the service of the agency.

References NDAC 4-07-13, NDCC 54-06-14; 54-52.4-03

Updated 6/2023

Effective Date: 10/1/2018

The State of North Dakota, as the employer, prohibits smoking and the use of tobacco by its team members within state agency workplaces and in any other work-related settings, including inside any State Fleet vehicle. When on state owned or leased property, team members may use tobacco in designated areas only.

Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. Smoking also includes the use of an e-cigarette which creates a vapor, in any manner or any form, or the use of any oral smoking device.

Tobacco: Any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product. This includes, among other products, cigarettes, cigarette tobacco, roll-your-own tobacco, electronic cigarettes, vaporizers, and smokeless tobacco.

Reference NDCC 23-12-09

Updated 6/2023

Effective Date: 11/1/2020

It is the State of North Dakota’s policy that all official communications made through official agency social media accounts, on behalf of or concerning the agency, must be made through or with the permission of the Public Information Team or Public Information Officer (PIO) or PIO designee.

All State information technology (“IT”) resources are the sole property of the agency, and all applicable statutes, policies, and guidelines govern their usage, which is subject to monitoring.

Social media content on the agency’s official social media accounts will be retained for the required period of time in accordance with the State of North Dakota’s Records Retention Schedule for Electronic Communications (450102), if applicable.

Team member Usage

All team members are representatives of the agency and the State of North Dakota and should exercise good judgment in the use of social media. Team members should remember that their actions have the potential to impact their employment including subjecting them to disciplinary action up to and including termination from employment.

Team members must not speak or purport to speak on behalf of the agency unless it is a part of their job duties, or they are required to do so by request of their employer. Team members must not engage in conduct that would create the impression that the team member speaks on behalf of the agency.

Team members using a State IT resource to access personal accounts have no expectation of privacy or confidentiality. Team members must not access non-work-related sites during scheduled work times unless doing so is a part of the team member’s job duties. Team members may access these sites during recognized lunch or break times. Accessing personal accounts on State owned equipment during a team member’s break times is a privilege subject to revocation or modification.

Information exchanged over social media, including on personal accounts or platforms, may be subject to the State’s open records laws, and may be used in legal proceedings involving the agency or the team member.

Updated 6/2023

Effective Date: 8/1/2023        

Team members of the state of North Dakota as designated by their agency head or designee, may be provided logoed apparel to represent Team ND or the agency. State or agency-logoed apparel provided by the agency may not be worn for personal use. Team members are not to add the state or agency logo to personal apparel without permission from their agency head or designee. It is the responsibility of the team member to use their best discretion to avoid wearing the apparel in inappropriate circumstances.

The agency head or designee will determine team members, apparel design, apparel components, usage guidelines, and apparel purchasing. Agency-provided apparel may be worn only by authorized team members.

Upon issue, agency-provided apparel becomes the responsibility of the team member for maintenance and care. When apparel needs repair or replacement, team members are required to return the apparel in exchange for a replacement.

Agencies may issue new apparel periodically or require apparel to be returned for special purposes (e.g., logo change, color change). Team members will be given notice of the exchange and will be provided with suitable replacement apparel.

The misuse of agency-provided logoed apparel, excessive damage or loss may result in disciplinary action.

The provided logoed apparel is considered state property and is to be returned in the event of termination of employment, or upon request of the agency.

Agency participation in providing state logoed apparel is determined by the Agency Head.

Effective Date: 11/1/2020

OBJECTIVE

Teleworking allows team members to work at home, on the road or in a satellite location for all or part of their work week. Teleworking is a major component of the New Workplace. Teleworking does not change the terms and conditions of employment with the state of North Dakota. Additional Information can be found at The New Workplace – Teleworking.

THE NEW WORKPLACE

With the goals of maximizing team member flexibility and the use of off-site work locations, agency directors will work with their managers and individual team members to determine which positions would be required to work full-time or part-time in an on-site location.

Primary Work Locations

Primary work locations for state team members may be exclusively in-office, exclusively from home, or some agreed upon combination:

• Home: Work is performed on average three (3) or more days per week at home.
• State Facility: Work is done exclusively from a state facility.
• Hybrid: Work is performed on average of three (3) or more days per week at a state facility.
• Mobile/On the Go:  Work is performed on mobile devices or in the community/district and on the move. The workplace may change frequently.

EQUIPMENT

State agencies will supply necessary equipment for the team member. State policies relating to computer hardware and software usage applies in the teleworking arrangement unless otherwise specifically authorized by the Agency director or designee.

• The team member will be allowed to use the specified equipment in the Teleworking Agreement Addendum which will be provided by the Agency.
• Any State-owned equipment remains the property of the Agency and will be returned to the Agency at termination of the Teleworking Agreement.
• The Agency will supply materials necessary to complete assigned work at the work site through the team member’s in-office visits. Team members will not be reimbursed for office supplies available through the agency.
• Necessary high-speed internet connection (Cable or DSL equivalent) will be provided by the team member for the duration of the teleworking agreement.
• Any additional or specific equipment requirements in terms of equipment will be considered by the agency on a case-by-case basis.
• Phone calls placed on behalf of the state may be placed through an approved state of North Dakota softphone or calling technology.

SECURITY

Consistent with the organization’s expectations of information security for team members working at the office, telecommuting team members will be expected to ensure the protection of confidential materials and customer information accessible from their home office. Steps include the use of locked file cabinets and desks, regular password maintenance, and any other measures appropriate for the job and the environment.

SAFETY

Team members are expected to maintain their home workspace in a safe manner, free from safety hazards. Workers’ compensation coverage will be provided for the team member while in the teleworking arrangement. However, the state otherwise assumes no liability for injuries occurring to the team member in their home. The team member may not allow members of the public, vendors, or clients into their personal residence to conduct public business and is responsible for and assumes any liability for any injuries sustained by visitors to his or her work site. The team member must immediately report any accident or injury to the supervisor or designated staff member.

Teleworking team members need to follow the same agency requirements for a safe work environment with proper ergonomics.

TIME WORKED

Telecommuting team members who are covered by the overtime requirements of the Fair Labor Standards Act will be required to accurately record all hours worked using the appropriate system used by their agency. Hours worked more than those scheduled per day and per workweek require the advance approval of the telecommuter’s supervisor. Failure to comply with this requirement may result in disciplinary action.

OTHER ITEMS

• Inclement Weather: If the customary work site is closed due to an emergency or inclement weather, the team member will continue to work from their remote location. If there is inclement weather or an emergency, at the remote location, the team member will notify their supervisor. Team members who are teleworking part-time will be expected to work off-site when the office is closed.
• Travel: Business travel is reimbursable at travel and per diem rates set forth in state fiscal policy.
• Childcare/Eldercare: Teleworking is not designed to be a replacement for appropriate childcare or eldercare. Although an individual team member’s schedule may be modified to accommodate childcare or eldercare needs, the focus of the arrangement must remain on job performance and meeting business demands. Teleworking team members are encouraged to discuss expectations of teleworking with members of their household.
• Link to Teleworking Guidance.

TELEWORKING AS AN ACCOMMODATION

When requested by a team member, teleworking may be considered as a reasonable accommodation under the Americans with Disabilities Act. “Reasonable accommodation” is any change in the work environment or in the way things are customarily done that enables an individual with a disability to apply for a job, perform a job, or gain equal access to the benefits and privileges of a job as long as the accommodation does not cause undue hardship to the agency. The agency director or designee shall initiate an interactive process with the team member to determine the type of accommodation needed. To determine if any or all job duties can be performed at home, the manager must ensure that essential functions of the position have been identified and consideration given to the feasibility of teleworking on a full-time, part-time, or intermittent basis. The division director may waive certain teleworking eligibility requirements, modify the teleworking policy, or waive or modify other workplace policies to allow a team member with a disability to work from home as a means of reasonable accommodation. Team members will not be able to telework, as an accommodation, if it prevents the team member from performing the essential functions of the job or causes undue hardship to the agency.

The agency director has the right to select the most effective accommodation even if it is not the one preferred by the team member. For additional information, see Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act.

Updated  July 2022   
Reviewed 6/2023  
 

Effective Date: 10/1/2018

The State of North Dakota, as the employer, will not tolerate, condone, or allow any type of harassment to occur within state workplaces or in any other work-related settings. This prohibition applies to every person at a state workplace or present during state-related business activities, including but not limited to state team members, customers, vendors, contractors, or any other person. All team members are empowered with the responsibility to prevent harassment in all state work areas and during all state-related business activities. 

Harassment: Any offensive conduct that interferes with an individual's work performance or creates an intimidating or hostile work environment. Unlawful harassment can be verbal, non-verbal, physical conduct, or communication that shows hostility or aversion towards an individual because of a person’s race, color, religion, sex, age, genetics, national origin, disability, or other legally protected status. Examples may include epithets, slurs, jokes, negative stereotyping, written or graphic materials, posters, calendars, or pictures. 

Sexual harassment: Unwelcome sexual advances, sexual favor requests, or any other conduct or communication of a sexual nature. Sexual harassment may include a range of behaviors and may involve individuals of the same or different gender. Examples of sexual harassment include:

• Unwanted sexual advances or requests for sexual favors. 
• Sexual jokes and innuendos or verbal abuse of a sexual nature. 
• Leering, massaging, or touching or sexual related comments about another’s body.
• Displaying inappropriate sexually suggestive or offensive pictures or objects any where in the workplace.

Harassment, of any kind, becomes unlawful when:

1. Enduring or submission to the offensive conduct explicitly or implicitly becomes a term or condition of continued employment, career advancement;
2. Submission to or rejection of such conduct is used as the basis for employment decisions;
3. Conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; or
4. The conduct is so severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Reporting:
Early reporting and intervention are critical and have proven to be the most effective method of resolving actual or perceived incidents of harassment. If a team member observes or experiences harassing conduct in the workplace, the team member should either directly inform the offender that the conduct is offensive and must stop or notify agency leadership about the occurrence. If a team member does not feel comfortable reporting the situation within the employing agency, the team member should contact HRMS to report the situation.

All team members shall report harassing behavior they observe or is reported to them.

Managers are responsible to make every effort to provide a harassment-free work environment in their respective work areas. Managers must take immediate action to address and then report any harassing conduct they observe, experience, or that is reported to them, to a member of the employing agency’s senior leadership. If the alleged wrongdoer is the manager or a member of senior leadership, the team member should work directly with agency HR or OMB HRMS. Incidents must also be reported to the Risk Management Division of OMB by the manager or HR.

Agency leadership will work with HR / legal counsel to investigate and resolve all reports of workplace harassment appropriately in a timely, thorough, and discreet manner. Failure to report incidents of hostile or inappropriate behavior will subject the team member to disciplinary action up to and including termination of employment.

The Employee Assistance Program is available for regular team members who are victims of harassment, sexual harassment, stalking, domestic violence, or dating violence. 

Any person who violates this policy will be subject to disciplinary action, up to and including termination of employment, or be removed from the state work area.

References: Title VII of the Civil Rights Act of 1964, ADEA, ADAAA

Updated  11/2023

Effective Date: 10/1/2018

The State of North Dakota, as the employer, maintains a working environment free from violence or the threat of violence. Acts or threats of physical violence, including but not limited to intimidation, harassment, or coercion will not be tolerated.

Team members must immediately report any incidents of violence, threat of violence, or any behavior that may threaten a team member’s safety or the safety of others, to appropriate management or law enforcement authorities. Once a managerial level team member is notified of a violent or threatening situation, he/she must contact Human Resources. HR will assist in coordinating the proper response and notifying the appropriate personnel/authorities.

The State of ND prohibits any form of discipline or retaliation for reporting such incidents and shall handle all complaints promptly. Any team member who engages in such conduct or who makes false accusations of violence or threats of violence will be subject to disciplinary action up to and including termination.

In appropriate cases, the organization may seek criminal prosecution or cooperate with the appropriate authorities.

Team members must report to their supervisor the existence of anything that may potentially threaten the safety of the team member or other state team members. This includes a restraining order of any kind obtained by the team member against another individual(s) or a restraining order obtained against a team member. Team members are also encouraged to report if they are a victim of domestic violence or if they suspect a coworker may be a victim.

Any person who violates this policy will be subject to disciplinary action, up to and including termination of employment, or be removed from the state work area.

Updated 6/2023