COMMENT DUE DATE:
December 11, 2013
DATE:
November 27, 2013
Kevin Sharp, HRMS (405) 521-6829
Dena Thauer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP Policy Specialist (304) 522-6703
RE:
Non-APA WF 13-U
The proposed policy is Non-APA . This proposal is not subject to Administrative Procedures Act
The proposed effective date is December 20, 2013.
SUBJECT:
DHS:2. ADMINISTRATIVE COMPONENTS
SUBCHAPTER 1. HUMAN RESOURCES MANAGEMENT SERVICES
PART 1. INTERNAL HUMAN RESOURCES
DHS:2-1-5. Resignation – classified or unclassified service [AMENDED]
RE:WF 13-U
SUMMARY:DHS:2-1-5. Resignation – classified or unclassified service is revised to clarify and provide instructions on employee resignations.
SUBCHAPTER 1.HUMAN RESOURCES MANAGEMENT DIVISION
PART 1. INTERNAL HUMAN RESOURCES
DHS:2-1-5. Resignation - classified or unclassified service
(a) An employee voluntarily resigning from his or her employment with the Department Oklahoma Department of Human Services (DHS) is strongly encouraged to submit a letter of resignation to his or her local administrator, preferably not less than 14 calendar days prior to the employee's last day of work (duty day).The letter of resignation shall include includes the actual date the employee expects to be his or her last day on duty workday.
(b) The local administrator, within five working days of receiving the letter of resignation or a verbal resignation, provides the employee with a letter of acceptance, except as provided in subsection (d) of this Regulation for acts of gross misconduct committed by the employee.Copies A copy of the acceptance letter, with the attached resignation letter attached, are is forwarded to the employee's immediate supervisor, the DHS Finance Division Financial and Administrative Services, Payroll Unit, and the Human Resources Management Division Services (HRMDS).
(c) At the discretion of the local administrator administrator's discretion, the employee's last day on duty workday may be changed, if when mutually agreed upon in writing, with and that documentation forwarded to the DHS Financial and Administrative Services Finance Division, Payroll Unit, and HRMDS.
(d) An employee resignation is considered conditionally accepted upon receipt and is acknowledged in writing by the local administrator, except where the employee is resigning in the face of allegations of gross misconduct committed by the employee.In such situations, the local administrator indicates the resignation is not accepted and DHS proceeds with a proposed disciplinary action of discharge in the public interest.An employee resignation, once conditionally accepted, cannot be withdrawn.However, when requested in writing by the employee and agreed to in writing by the local administrator, the resignation is rescinded.An agreement letter to rescind a resignation is also provided to the DHS Financial and Administrative Services Finance Division, Payroll Unit, and HRMDS in order to void the resignation transaction.
(e) Employees who resign in good standing may be considered for re-employment pursuant to procedures for hiring new employees.The HRMS director, or his or her designee may within 14 calendar days unilaterally rescind the acceptance, upon receipt as provided in subsection (d) of this Regulation, in his or her sole discretion, where the public interest would be better served by proceeding with the termination process as provided in the Oklahoma Personnel Act and Merit Rules.Examples of when the public interest may be served by proceeding with the termination process include, but are not limited to, instances of the employee engaging in potentially felonious criminal conduct or gross misconduct unbecoming a state employee.In the event of a rescission under this subsection, the employee's absence from work following the rescinded resignation is changed to suspension with pay pursuant to Oklahoma Administrative Code 530:10-11-120 and continued until completion of the termination process.
(f) Employees who resign in good standing may be considered for re-employment pursuant to new employee hiring procedures.
(f)(g) A verbal resignation is accepted in the same manner as a written one, with written documentation prepared by the local administrator or the individual receiving the resignation.
(g)(h) Copies of all letters to accept, extend, expedite, or rescind an employee resignation are provided to the DHS Finance Division Financial and Administrative Services, Payroll Unit, and HRMDS.
