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Library: Policy

340:2-1-29. Appointments

Revised 9-15-21

(a) Types of appointments.  All appointments of employment within Oklahoma Human Services (OKDHS) are made to the classified service or the unclassified service.  Appointments are made, per the Oklahoma Personnel Act, applicable portions of the Oklahoma Administrative Code (OAC), and OKDHS policy.

(1) Classified service. Classified service refers to employees and positions subject to the Oklahoma Merit System of Personnel Administration (Merit System).

(2) Unclassified service.  Unclassified service refers to employees and positions not subject to the Merit System, except in very limited circumstances.  Employment in the unclassified service is considered employment-at-will.

(b) Reinstatement. A former state employee who had permanent status in the classified service may be eligible to apply in response to OKDHS job announcements and be considered for reinstatement, per OKDHS rules and OAC.  To determine an applicant's reinstatement eligibility, Human Resource Management (HRM) obtains verification from the Office of Management and Enterprise Services Human Capital Management Division at the time of application.

(1) A permanent employee who leaves classified service is eligible for reinstatement, per OAC 260:25-9-102.

(2)   Prior to enter on duty, the reinstated employee must acknowledge that serving a probationary period is a condition of the job offer.

(c) Direct hire authority for hard to fill appointments.  Appointments in the classified service made under the direct hire authority for hard to fill positions serve a probationary period even when a probationary period was served for a previous appointment with any Oklahoma state merit agency, per OAC 260:25-11-30(a) and (c).

(d) Temporary appointments. When OKDHS requires the service of employees on a temporary basis, a person may be appointed into the unclassified service without regard to other provisions governing appointments.  No person is appointed under this provision for more than a total of 999 hours in a 12-month period from the date of initial hire with any or all state agencies.  Temporary appointments do not confer any privileges or rights of appeal, position, transfer, or reinstatement.  Nor do any temporary appointments confer any other rights to any classified position under the Merit System.  Local administrators and supervisors are responsible for ensuring that temporary employees do not average 30 or more hours per week without approval, per the Affordable Care and Patient Protection Act (ACA), and do not work more than 999 hours within a 12-month period from the date of initial hire, per Section 840-5.5 of Title 74 of the Oklahoma Statutes.  Temporary employees exceeding these limits may become benefits eligible.

(e) Dual appointments.  When an OKDHS employee seeks additional employment with another state agency, he or she must receive approval from the HRM director, who is responsible for addressing and resolving potential Fair Labor Standards Act or ACA employee benefits issues. 

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