31 IAC 5 — ARTICLE 5. STATE EMPLOYEES

TITLE 31 STATE PERSONNEL DEPARTMENT

ARTICLE 5. STATE EMPLOYEES

Rule 1

31 IAC 5-1-1 31 IAC 5-1-1 Definitions

Rule 1. Definitions

31 IAC 5-1-1 Definitions

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 1. The definitions in IC 4-15-2.2 and the following definitions apply throughout this article, unless the context requires another meaning:

(1) "Demotion" means the change of an employee from one (1) class to another class having a lower maximum salary.

(2) "Hourly employee" means an employee appointed to a position:

(A) requiring less than half-time performance; and

(B) for which the employee is paid on an hourly basis.

(3) "Part-time appointment" means an appointment to a position that does not require full-time performance but does require at least half-time performance on a regular basis, that is, a predetermined amount of time per day, week, or biweekly. A part-time employee is paid a percentage of the biweekly salary received by comparably classified full-time employees.

(4) "Promotion" means a change of an employee from one (1) class to another class having a higher maximum salary rate.

(State Personnel Department; 31 IAC 5-1-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 2

31 IAC 5-2-1 31 IAC 5-2-1 Applications; verification

Rule 2. Applications and Appointment

31 IAC 5-2-1 Applications; verification

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 1. (a) An employment application shall:

(1) be made as prescribed by the director; and

(2) require information covering experience and training and other pertinent information.

(b) An applicant may be required to verify qualifying experience.

(State Personnel Department; 31 IAC 5-2-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-2-2 31 IAC 5-2-2 Appointment

31 IAC 5-2-2 Appointment

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 2. All appointments to positions shall be submitted to the department in the prescribed form.

(State Personnel Department; 31 IAC 5-2-2; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-2-3 31 IAC 5-2-3 Approval of appointments

31 IAC 5-2-3 Approval of appointments

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 3. If an employment offer is declined due to unauthorized variations in offered pay rates or conditions of employment, the director may cancel the subsequent appointment.

(State Personnel Department; 31 IAC 5-2-3; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-2-4 31 IAC 5-2-4 Temporary and intermittent appointments

31 IAC 5-2-4 Temporary and intermittent appointments

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 4. (a) To prevent stoppage of public business or loss or serious inconvenience to the public during an emergency, an appointing authority may make an emergency appointment of any qualified person, but notice of the appointment shall immediately be given to the director. The qualified person shall be employed only during the emergency and for a period not exceeding ten (10) days. A vacancy of which the appointing authority has had reasonable notice or an employment condition the appointing authority had, or may with due diligence have had, previous knowledge, is not considered an emergency under which an emergency appointment may be made. No emergency appointment shall be renewed without express permission from the director.

(b) Whenever an employee is urgently needed for a temporary period, the director may authorize a temporary appointment for a period not to exceed ninety (90) working days. Successive temporary appointments of the same person shall not be made. However, an employee may be reappointed at a later date if the employee's total employment in a temporary position does not exceed ninety (90) working days in a twelve (12) month period. The period of temporary employment is not counted as part of the working test period.

(c) Whenever an employee is needed on an irregular or as needed basis, a position may be filled by an intermittent appointment. This type of appointment is limited to one hundred eighty (180) working days in a twelve (12) month period unless an exception is:

(1) requested by the appointing authority annually; and

(2) approved by the department and budget agency.

The intermittent employment period is not counted as part of the working test period.

(State Personnel Department; 31 IAC 5-2-4; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-2-5 31 IAC 5-2-5 Transfer procedures

31 IAC 5-2-5 Transfer procedures

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 5. (a) An appointing authority may at any time assign an employee from one (1) position to another position in the same class under the appointing authority's jurisdiction.

(b) An appointing authority, with the director's approval, may at any time transfer an employee to another class with essentially the same basic qualifications and salary range.

(c) With the director's approval, an employee may transfer from the jurisdiction of one (1) appointing authority to another appointing authority. A promotion or demotion may be simultaneous with a transfer. The new appointing authority assumes all vacation, sick, and personal leave accrued by the transferred employee.

(d) An employee transferring to a position in the state classified service must be fully qualified for the class to which the employee is transferred.

(e) Whenever an employee transfers from one (1) position to another position in the same classification or with the same pay range maximum, the beginning pay rate in the new position shall not be more than the pay rate the employee was receiving in the position from which the employee is being transferred, unless otherwise approved by the director.

(State Personnel Department; 31 IAC 5-2-5; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-2-6 31 IAC 5-2-6 Promotional appointment

31 IAC 5-2-6 Promotional appointment

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 6. Preference may be given to promotion of employees over hiring external candidates.

(State Personnel Department; 31 IAC 5-2-6; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-2-7 31 IAC 5-2-7 Demotion

31 IAC 5-2-7 Demotion

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2-35

Sec. 7. A position may be filled by demotion of an employee in accordance with 31 IAC 5-12-1 or IC 4-15-2.2-35.

(State Personnel Department; 31 IAC 5-2-7; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-2-8 31 IAC 5-2-8 Underfilling positions in absence of qualified applicants

31 IAC 5-2-8 Underfilling positions in absence of qualified applicants

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 8. (a) The appointing authority may underfill a position. An underfilling employee must be qualified for the class they are appointed to, which shall be in the same job category as the vacant position.

(b) A position allocated to a classification requiring admission to practice law in Indiana may be underfilled by a:

(1) student actively enrolled in an American Bar Association approved law school; or

(2) person whose application for admission is pending.

However, an employee underfilling the position must be admitted to the legal profession as a prerequisite to being appointed to the classification requiring admission to practice law in Indiana. Engaging in the practice of law, before admission to the bar of the Indiana supreme court, is prohibited.

(State Personnel Department; 31 IAC 5-2-8; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-2-9 31 IAC 5-2-9 Recall

31 IAC 5-2-9 Recall

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2; IC 4-15-2.4-41

Sec. 9. A position may be filled by recall from layoff as provided in IC 4-15-2.4-41.

(State Personnel Department; 31 IAC 5-2-9; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 3

31 IAC 5-3-1 31 IAC 5-3-1 Working test

Rule 3. Working Test and Service Ratings

31 IAC 5-3-1 Working test

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 1. (a) A working test period is:

(1) regarded as an integral part of the selection process for the state classified service; and

(2) used for:

(A) closely observing an employee's work;

(B) securing the most effective adjustment of a new employee to their position; and

(C) rejecting any employee who, in the appointing authority's opinion, is unable or unwilling to perform satisfactorily, or whose habits or dependability do not merit continuance in the state classified service.

(b) Appointments and promotions in the state classified service, other than temporary and intermittent, are subject to a working test period. The length of the working test period is at least six (6) months.

(c) During a working test period, the appointing authority shall complete at least one (1) full performance appraisal of the employee's work.

(d) Before a working test period ends, the appointing authority shall complete a performance appraisal, with the employee's signature:

(1) recommending permanent status;

(2) indicating separation of the employee; or

(3) recommending a working test extension.

Specific reasons for an extension request must be specified.

(e) A person in the state classified service is considered to have permanent status if the:

(1) appointing authority has submitted a written recommendation to the director that the person be granted permanent status; or

(2) person has been continued in a position for more than one (1) year.

(f) Whenever positions are made subject to the classified service, persons in those same or similar positions for at least six (6) months are considered to have successfully completed the working test period.

(g) Working test period requirements are waived for recall from layoff.

(State Personnel Department; 31 IAC 5-3-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-3-2 31 IAC 5-3-2 Service ratings

31 IAC 5-3-2 Service ratings

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 2. An appointing authority is to report, at periodic intervals, service ratings for employees under their jurisdiction. The director may:

(1) require ratings be substantiated; and

(2) prescribe the way a substantiation is made.

Employees shall be informed of their service ratings.

(State Personnel Department; 31 IAC 5-3-2; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 4

31 IAC 5-4-1 31 IAC 5-4-1 Allocation of new position

Rule 4. Classification Plan

31 IAC 5-4-1 Allocation of new position

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 1. When a new position is contemplated, the appointing authority shall request establishment of the position before it may be filled and, except as otherwise provided by this article, no person shall be appointed to or employed in a position until the:

(1) position has been allocated to a class and approved by the director; or

(2) classification plan has been amended to provide therefor.

(State Personnel Department; 31 IAC 5-4-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-4-2 31 IAC 5-4-2 Reallocation of positions

31 IAC 5-4-2 Reallocation of positions

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 2. When the duties of a position are changed substantially, the director may order a review of the position. Upon completing the review, the director may order that the position be allocated to a more appropriate established class.

(State Personnel Department; 31 IAC 5-4-2; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-4-3 31 IAC 5-4-3 Effect of reallocation

31 IAC 5-4-3 Effect of reallocation

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 3. When a position is reallocated, the incumbent shall be continued in the position unless the incumbent is not qualified for appointment to the new class.

(State Personnel Department; 31 IAC 5-4-3; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 5

31 IAC 5-5-1 31 IAC 5-5-1 Salaries; changes

Rule 5. Pay Plan

31 IAC 5-5-1 Salaries; changes

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2; IC 14-19-11-8

Sec. 1. (a) The established minimum for a class is paid upon appointment to the class. However, employment at a salary above the established rate may be approved by the director and the budget agency.

(b) Salary advancement within the established range is:

(1) dependent on a specific written recommendation;

(2) based on meritorious service as indicated by service ratings and other pertinent data; or

(3) based on an approved time-in-grade matrix.

(1) shall be submitted, as prescribed, before the effective date; and

(2) is subject to approval by the director.

(d) The salary paid to an employee represents the total remuneration for the employee, not including reimbursements for official travel.

(e) Whenever an employee works for a period less than the regularly established number of hours a day or days each pay period, the amount paid shall be:

(1) governed by the rate of full-time work; and

(2) proportionate to the time actually worked.

(f) A separate salary paid from at least two (2) agencies for duties performed in each of those employments is permissible if the salaries received are in proper proportion to the percentage of full time worked in each agency.

(g) An employee shall not supplement a state salary through participating in activities on state property, such as:

(1) collecting commissions;

(2) owning and operating concessions; or

(3) rendering personal or other service;

to patients, inmates, clients, wards, the public, or other employees.

(h) An employee whose substitution on unrelated positions does not involve working compensable overtime is not entitled to additional compensation for the additional duties. Substitutions shall not exceed four (4) consecutive calendar weeks, unless the employee is compensated at or above the pay range minimum for the work performed.

(i) If the state park inns authority becomes subject to IC 4-15-2.2, as prescribed in IC 14-19-11-8, state park inns employees receiving tips are excepted from subsections (d) and (g)(3).

(State Personnel Department; 31 IAC 5-5-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-5-2 31 IAC 5-5-2 Payroll and attendance records (Repealed)

31 IAC 5-5-2 Payroll and attendance records (Repealed)

(Repealed by State Personnel Department; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 6

31 IAC 5-6-1 31 IAC 5-6-1 Submission and review of suggestions (Repealed)

Rule 6. Employee Awards System

31 IAC 5-6-1 Submission and review of suggestions (Repealed)

(Repealed by State Personnel Department; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 7

31 IAC 5-7-1 31 IAC 5-7-1 Work week; shifts

Rule 7. Hours and Overtime

31 IAC 5-7-1 Work week; shifts

Authority: IC 4-15-2.2-19

Affected: IC 4-1-2-1; IC 4-15-2.2

Sec. 1. (a) The normal minimum working week shall be thirty-seven and one-half (37 1/2) hours except as otherwise established by:

(1) statute;

(2) specific ruling of the director; or

(3) section 8 of this rule.

(b) Shift hours shall be established by the appointing authority, and assignment of employees to specific shifts shall be the prerogative of the appointing authority.

(State Personnel Department; 31 IAC 5-7-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-7-2 31 IAC 5-7-2 Overtime

31 IAC 5-7-2 Overtime

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 2. Except as provided in section 8 of this rule:

(1) overtime shall comprise hours of work, rounded to the nearest quarter of an hour, in excess of thirty-seven and one-half (37 1/2) hours in a work week; and

(2) holidays, sick leave, vacation leave, personal leave, leaves of absence, compensatory time off, and time spent on call or in standby status shall not constitute hours of work or hours worked for purposes of this rule.

(State Personnel Department; 31 IAC 5-7-2; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-7-3 31 IAC 5-7-3 Overtime eligible and exempt classes

31 IAC 5-7-3 Overtime eligible and exempt classes

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 3. The following are requirements for employees who are eligible for overtime payment:

(1) Job categories or classifications who may normally be eligible for premium compensation for overtime shall be published in financial management circulars issued by the state personnel director and director of the state budget agency.

(2) Employees other than those included in subdivision (1) shall not be eligible for compensation for overtime except in the following circumstances:

(A) The state personnel director, with the approval of the state budget agency, may authorize compensation for overtime worked by employees not normally eligible when such overtime is worked according to prescribed policy or based on a special approval.

(B) Special approval to compensate overtime exempt employees can only be granted by the director and state budget agency.

(State Personnel Department; 31 IAC 5-7-3; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-7-4 31 IAC 5-7-4 Rate of pay for overtime

31 IAC 5-7-4 Rate of pay for overtime

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 4. Except as provided in section 6 of this rule, when an eligible employee has worked overtime that is compensable under this rule, payment for such overtime shall be made with the regular payment for that period in which the overtime hours were worked as follows:

(1) Employees eligible for overtime compensation by reason of section 3(2) of this rule shall be paid for overtime at a straight-time rate equal to the employee's regular hourly pay rate multiplied by the number of overtime hours worked.

(2) Eligible employees whose regularly established minimum working week is thirty-seven and one-half (37 1/2) hours or less shall be paid for overtime at a straight-time rate equal to the employee's regular hourly pay rate multiplied by the number of overtime hours worked for all such overtime that comprises forty (40) or fewer total hours of work within the work week.

(3) Any overtime worked by an eligible employee, for which:

(A) straight-time payment is not provided by this section; or

(B) a different decision rule is provided by section 8 of this rule;

shall be paid at a time and a half rate equal to one and one-half (1 1/2) times the employee's regular hourly pay rate multiplied by the number of such overtime hours worked.

(State Personnel Department; 31 IAC 5-7-4; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-7-5 31 IAC 5-7-5 Additional compensable time other than overtime

31 IAC 5-7-5 Additional compensable time other than overtime

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 5. Requirements for payment for additional hours of work other than overtime shall be as follows:

(1) All employees whose regularly established work schedule is less than full time shall be paid for hours worked or hours worked together with:

(A) sick leave;

(B) vacation leave;

(D) holidays;

(E) compensatory time off; or

(F) leaves of absence with pay;

during the pay period, which are in addition to the employee's normal work schedule but which do not exceed the total number of hours of work in the regularly established work schedules of employees working full time in comparable positions within the same agency or department. Payment for such additional hours of work shall be made with the regular payment for that pay period in which the additional hours were worked, at a straight-time rate equal to the employee's regular hourly pay rate multiplied by the number of additional hours worked.

(2) Employees who are eligible for overtime payments under section 3 of this rule and whose regularly established work schedule is full time shall be paid for hours other than overtime, as defined in section 2 of this rule, worked during the pay period which together with:

(A) sick leave;

(B) vacation leave;

(D) holidays;

(E) compensatory time off; or

(F) leaves of absence with pay;

exceeds the total number of regularly scheduled hours of work in the employee's pay period. Payment for such additional hours of work shall be made with the regular payment for that pay period in which the additional hours were worked at a straight-time rate equal to the employee's regular hourly pay rate multiplied by the number of additional hours worked.

(State Personnel Department; 31 IAC 5-7-5; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-7-6 31 IAC 5-7-6 Compensatory time off

31 IAC 5-7-6 Compensatory time off

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 6. Requirements for compensatory time off shall be as follows:

(1) Rate of accrual to include the following:

(A) Employees eligible for overtime compensation under section 3(1) of this rule may be granted compensatory time off in lieu of monetary payment for anticipated or earned overtime work for:

(i) overtime normally compensable under section 4(3) of this rule, compensatory time off shall be granted at a time and a half rate; and

(ii) additional hours of work other than overtime, that is, that which is normally compensable under section 4(2) or 5(2) of this rule, compensatory time off shall be granted at a straight-time rate.

(B) Employees eligible for overtime compensation under section 3(2) of this rule may be granted compensatory time off at a straight-time rate in lieu of monetary payment for anticipated or earned overtime work.

(C) Employees eligible for holiday compensation under 31 IAC 5-8-1 may be granted compensatory time off at a straight-time rate in lieu of monetary payment for anticipated or earned holiday work.

(2) Limitation on amount of accrual to include the following:

(A) Employees eligible for premium overtime compensation who are engaged in a public safety, emergency response, or seasonal activity may accrue not more than four hundred eighty (480) hours of compensatory time off.

(B) Employees eligible for overtime compensation under section 3(1) of this rule and who are engaged in any work other than that described in clause (A) may accrue not more than two hundred forty (240) hours of compensatory time off.

(C) Compensable hours worked in excess of the limits contained in this subdivision must be compensated monetarily with the regular payment of wages for the pay period in which the time was worked.

(3) Use of compensatory time off to include the following:

(A) Employees eligible for overtime compensation under section 3(1) of this rule shall be granted compensatory time off as follows:

(i) Unless otherwise approved by the director and state budget agency, all compensatory time off must be scheduled and taken off prior to the end of the calendar quarter succeeding the quarter in which the additional hours were worked.

(ii) An employee who has accrued compensatory time off authorized by this rule and who has requested the use of such compensatory time off shall be permitted to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the public agency.

(B) Employees eligible for overtime compensation under section 3(2) of this rule shall normally be given compensatory time off rather than monetary payment. If the needs of the service make the granting of compensatory time off impracticable, the appointing authority may request approval of the director and the state budget agency to compensate monetarily at the rate provided in section 4(1) of this rule.

(4) Monetary payment for accrued but unused compensatory time off to include the following:

(A) If monetary compensation is paid to an employee for accrued compensatory time off, such payment shall be at the regular rate earned by the employee at the time the employee receives such payment.

(B) An employee eligible for overtime compensation, by reason of section 3(1) of this rule, who has accrued compensatory time off as authorized by this section shall, upon termination of employment, be paid for the unused compensatory time off at the greater of the:

(i) average regular hourly rate received by the employee during the last three (3) years of the employee's employment; or

(ii) final regular hourly rate received by the employee.

(State Personnel Department; 31 IAC 5-7-6; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-7-7 31 IAC 5-7-7 Regulation by budget agency

31 IAC 5-7-7 Regulation by budget agency

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 7. The director of the state budget agency, in such manner as is deemed necessary, may regulate the amounts of overtime to be worked in any agency or institution. Such regulation of overtime work may include a requirement that any or all overtime work, prior to its assignment, must be approved by the state budget agency.

(State Personnel Department; 31 IAC 5-7-7; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-7-8 31 IAC 5-7-8 Law enforcement

31 IAC 5-7-8 Law enforcement

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 8. (a) The appointing authority of an employee engaged in law enforcement activities (including security personnel in correctional institutions) may, with prior written approval of the director and state budget agency, elect to establish work periods and compensate overtime eligible employees in accordance with 29 U.S.C. 207(k) and 29 CFR Part 553 Subpart C, in lieu of section 2 of this rule.

(b) For overtime eligible police officers, whose employer elects this option and a work period of twenty-eight (28) consecutive days, the regular work schedule will be one hundred seventy (170) hours. Additional straight time shall be paid, or compensatory time off accrued, for compensable time in excess of the one hundred seventy (170) hours. Overtime compensation at a premium (time and one-half) (1 1/2) rate is due for hours worked in excess of one hundred seventy-one (171) hours, in the twenty-eight (28) day work period.

(c) For overtime eligible security personnel in correctional facilities, overtime compensation at the rate indicated below must be paid for all hours worked in excess of the following hours standard:

(1) If the department of correction elects this option and a work period of seven (7) consecutive days, the regular work schedule will be thirty-seven and one-half (37.5) hours. Additional straight time shall be paid, or compensatory time off accrued, for compensable time in excess of the thirty-seven and one-half (37.5) hours. Overtime compensation at a premium (time and one-half) (1 1/2) rate is due for hours worked in excess of forty-three (43) hours, in the seven (7) day work period.

(2) If the department of correction elects this option and a work period of fourteen (14) consecutive days, the regular work schedule will be seventy-five (75) hours. Additional straight time shall be paid, or compensatory time off accrued, for compensable time in excess of the seventy-five (75) hours. Overtime compensation at a premium (time and one-half) (1 1/2) rate is due for hours worked in excess of eighty-six (86) hours, in the fourteen (14) day work period.

(State Personnel Department; 31 IAC 5-7-8; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-7-9 31 IAC 5-7-9 Record keeping

31 IAC 5-7-9 Record keeping

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 9. The following are requirements for record keeping:

(1) The state shall keep and preserve, for at least three (3) years, payroll or other records containing the following information and data for each employee:

(A) Name in full and, on the same record, the employee's identifying symbol or number, if used in place of the employee's name, on any time, work, or payroll records. This must be the same name used for Social Security record purposes.

(B) Home address, including zip code.

(D) Sex and occupation in which employed.

(E) Time of day and day of the week the employee's work period begins. If the employee is part of a workforce or employed in or by an establishment where all workers have a work week beginning at the same time on the same day, a single notation of the time of the day and beginning day of the work week may be used for the whole workforce or establishment. If, however, an employee or a group of employees has a work week beginning and ending at a different time, a separate notation is kept for that employee or group of employees.

(F) For wages, the:

(i) regular hourly rate of pay for any week when overtime is worked and overtime excess compensation is due;

(ii) basis on which wages are paid; and

(iii) amount and nature of each payment excluded from the regular rate. These records may be in the form of vouchers or other payment data.

(G) Hours worked each work day and total hours worked each work week. As used in this section, "work day" means any consecutive twenty-four (24) hours.

(H) Total daily or weekly straight-time earnings or wages, which are the total earnings or wages due for hours worked during the work day or work week, including earnings or wages due during any overtime worked, but excluding overtime excess compensation.

(I) Total overtime excess compensation for the work week. The excess compensation for overtime worked is the amount over the straight-time earnings or wages also earned during overtime worked.

(J) Total additions to or deductions from wages paid each pay period. An employer making additions to or deductions from wages shall also maintain, in individual employee accounts, a record of the dates, amounts, and nature of the items that make up the total additions and deductions.

(K) Total wages paid each pay period.

(L) Payment date and the pay period covered by the payment.

(2) For employees working on fixed schedules, the state may maintain records showing, instead of the hours worked each day and week, the schedule of daily and weekly hours the employee normally works, and:

(A) in weeks when an employee adheres to this schedule, indicates by check mark, statement, or other method that the hours were actually worked by the employee; and

(B) in weeks when more or less than the scheduled hours are worked, shows the exact number of hours worked each day and each week.

(3) For persons employed in job categories or classifications other than those enumerated in section 3(1) of this rule and who did not work compensable overtime, as determined by this rule, records containing the information and data required by subdivision (1) shall be maintained and preserved, except data required by subdivision (1)(F) through (1)(J) and, in addition, the basis on which wages are paid in enough detail to permit calculation for each pay period of the employee's total remuneration for employment, including fringe benefits.

(State Personnel Department; 31 IAC 5-7-9; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 8

31 IAC 5-8-1 31 IAC 5-8-1 Holidays

Rule 8. Leaves

31 IAC 5-8-1 Holidays

Authority: IC 4-15-2.2-19

Affected: IC 1-1-9; IC 4-15

Sec. 1. (a) Employees shall be compensated for holidays established by statute or officially proclaimed by the governor.

(b) Notwithstanding subsection (a), teachers employed by the Indiana School for the Blind and Visually Impaired (ISBVI) or Indiana School for the Deaf (ISD) accrue holidays under the holiday policy of Indianapolis public schools. ISBVI and ISD teachers are not eligible for additional holidays set for state employees under IC 1-1-9, IC 4-15, or this rule.

(d) An employee required to work on a holiday shall be paid at a straight-time rate, together with pay for the holiday, or, at the option of the appointing authority, may be credited with compensatory time off. Unless otherwise authorized by the director and the state budget agency, the compensatory time off earned for work on a holiday:

(1) shall be scheduled by the appointing authority; and

(2) must be taken during the pay period in which the holiday occurs.

(State Personnel Department; 31 IAC 5-8-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-8-2 31 IAC 5-8-2 Vacation leave

31 IAC 5-8-2 Vacation leave

Authority: IC 4-15-2.2-19

Affected: IC 4-15; IC 5-10.3-8-14

Sec. 2. (a) Vacation leave with pay is earned by full-time employees at the rate of seven and one-half (7.5) hours for each full month of employment. Employees working at least half time, but less than a full-time basis, shall earn vacation at the rate of three and three-fourths (3.75) hours a month. Vacation is not credited to the following employees:

(1) Hourly.

(2) Per diem.

(3) Temporary.

(4) Intermittent.

(5) Contractual.

(6) Employees working less than half time.

(b) Notwithstanding subsection (a), teachers employed by the Indiana School for the Blind and Visually Impaired (ISBVI) or Indiana School for the Deaf (ISD) accrue vacation leave under the vacation leave policy of Indianapolis public schools. ISBVI and ISD teachers are not eligible for vacation leave set for state employees under IC 4-15 or this rule.

(1) Employees who have completed five (5) years or more of full-time employment, or ten (10) years or more of part-time employment, accrue twenty-two and one-half (22.5) additional hours of vacation leave with pay annually on their accrual date.

(2) Employees who have completed ten (10) years or more of full-time employment, or twenty (20) years or more of part-time employment, accrue thirty-seven and one-half (37.5) additional hours of vacation leave with pay (22.5 + 37.5 = 60 additional hours) annually on their accrual date.

(3) Employees who have completed twenty (20) years or more of full-time employment, or forty (40) years or more of part-time employment, accrue thirty-seven and one-half (37.5) additional hours of vacation leave with pay (22.5 + 37.5 + 37.5 = 97.5 additional hours) annually on their accrual date.

(4) Time spent in out-of-pay status, except for military service, is deducted from total service time in computing eligibility for additional vacation leave.

(5) Noncontinuous service prior to June 30, 1982, is not considered in determining eligibility for additional vacation leave.

(d) Appointing authorities shall determine the time and amount of vacation taken at any one (1) time. Employees are limited to four (4) calendar weeks of vacation at any one (1) time:

(1) unless a longer period is recommended by the appointing authority and approved by the director;

(2) except as provided in 31 IAC 5-9-28.

(e) For the good of the service in arranging vacation schedules, the director may approve an appointing authority's request for a full-time employee to anticipate and take vacation leave not to exceed twenty-two and one-half (22.5) hours.

(f) Compensation for unused vacation on separation is as follows:

(1) Except as otherwise provided in 31 IAC 5-10 or IC 5-10.3-8-14, after separation from the service, in good standing, an employee is paid for unused vacation for not more than two hundred twenty-five (225) hours.

(2) Compensation for unused vacation exceeding two hundred twenty-five (225) hours is only permitted in cases involving the retiree leave conversion program described in 31 IAC 5-10.

(3) Payment for unused vacation leave not to exceed two hundred twenty-five (225) hours is paid to beneficiaries of a deceased employee.

(4) If an employee has anticipated vacation leave under subsection (e) and is separated from the service before actually earning that leave, payment for leave used but unearned is deducted from the final salary payment.

(5) A full-time employee who resigns before completing six (6) months of employment, or a part-time employee who resigns before completing one (1) year of employment, is not paid for any vacation leave on separation.

(g) Vacation leave is charged in fifteen (15) minute increments.

(h) An employee who resigns in good standing and is later rehired has reinstated any vacation leave accrued, but unused and uncompensated, at the time of resignation. However, vacation leave compensated under 31 IAC 5-10 is not reinstated.

(i) Acknowledging that certain police officers have a standard work day of eight and one-half (8.5) hours instead of seven and one-half (7.5) hours, the references to the numbers of hours in this section are converted for those police officers subject to 31 IAC 5-7-8(b) as follows:


Hours Stated in this Section	Hours Converted for Police Officers
3.75	4.25
7.5	8.5
22.5	25.5
37.5	42.5
60.0	68.0
97.5	110.5
225.0	255.0

If an employee transfers into or out of affected police officer positions, the employee's leave balances are adjusted proportionately to reflect the change in the number of hours of the standard work day.

(State Personnel Department; 31 IAC 5-8-2; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA; errata Sep 26, 2024, 12:15 p.m.: 20241002-IR-031240179ACA)

31 IAC 5-8-3 31 IAC 5-8-3 Sick leave; definition; accrual

31 IAC 5-8-3 Sick leave; definition; accrual

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 3. (a) "Sick leave" means an absence from duty of any employee because of personal illness, injury, or legal quarantine. Sick leave may also be used for the following:

(1) An illness or injury in the employee's immediate family that necessitates the employee's absence from work. For this purpose, "immediate family" means spouse, child, or parent.

(2) The illness or injury of a person who:

(A) lives in the same household with the employee; and

(B) is dependent upon the employee for care.

The director or appointing authority may at any time require of an employee a medical certificate from the attending physician or a designated physician, documenting the nature and extent of the disability or fitness to return to duty. The cost of such certification from a designated physician shall be the responsibility of the appointing authority. Sick leave may be granted if accrued and shall be charged in fifteen (15) minute increments.

(b) Sick leave with pay shall accrue to full-time employees at the rate of seven and one-half (7.5) hours for every two (2) full months of employment, plus seven and one-half (7.5) additional hours for every four (4) months of full-time employment. Employees working on a part-time basis shall earn sick leave at the rate of three and three-fourths (3.75) hours for every two (2) months of employment, plus three and three-fourths (3.75) additional hours for every four (4) months of employment. Sick leave will not accrue to hourly, per diem, temporary, intermittent, or contractual employees or employees working less than half time.

(c) On separation, compensation for unused sick leave is only permitted under the retiree leave conversion program described in 31 IAC 5-10.

(d) An employee who resigns in good standing and is subsequently rehired shall have reinstated any sick leave that was unused and uncompensated at the time of resignation.

(e) In recognition of the fact that certain police officers have a standard work day of eight and one-half (8.5) hours instead of seven and one-half (7.5) hours, the references to the numbers of hours in this section shall be converted for those police officers who are subject to 31 IAC 5-7-8(b) as follows:


Hours Stated in this Section	Hours Converted for Police Officers
3.75	4.25
7.5	8.5

If an employee transfers into or out of affected police officer positions, the employee's leave balances will be adjusted proportionately to reflect the change in the number of hours of the standard work day.

(State Personnel Department; 31 IAC 5-8-3; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-8-4 31 IAC 5-8-4 Personal leave

31 IAC 5-8-4 Personal leave

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 4. (a) For purposes of this article, "personal leave" means an absence from duty with pay for personal reasons.

(b) Personal leave accrues to full-time employees at the rate of seven and one-half (7.5) hours for every four (4) months of full-time employment, and to part-time employees working at least half time at the rate of three and three-fourths (3.75) hours for every four (4) months of service. Personal leave is not granted to the following employees:

(1) Hourly.

(2) Per diem.

(3) Temporary.

(4) Intermittent.

(5) Contractual.

(6) Employees working less than half time.

(c) An employee may not accrue a personal leave balance exceeding twenty-two and one-half (22.5) hours. If an employee is otherwise eligible to accrue personal leave, but the accrual would increase the employee's account balance beyond the twenty-two and one-half (22.5) hour limit, the personal leave is credited to the employee's accrued sick leave balance.

(d) An appointing authority may establish procedures for employees to follow in securing authorization for a personal leave absence.

(e) On separation, compensation for unused personal leave is only permitted under the retiree leave conversion program described in 31 IAC 5-10.

(f) An employee who resigns in good standing and is later rehired has reinstated any personal leave accrued, but unused and uncompensated, at the time of resignation.

(g) Acknowledging that certain police officers have a standard work day of eight and one-half (8.5) hours instead of seven and one-half (7.5) hours, the references to the numbers of hours in this section are converted for those police officers subject to 31 IAC 5-7-8(b) as follows:


Hours Stated in this Section	Hours Converted for Police Officers
3.75	4.25
7.5	8.5
22.5	25.5

(State Personnel Department; 31 IAC 5-8-4; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-8-5 31 IAC 5-8-5 Occupational disease or injury; adjustment of compensation payments

31 IAC 5-8-5 Occupational disease or injury; adjustment of compensation payments

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 5. In cases of occupational disease or injury suffered in line of duty in which the employee elects to use accumulated vacation, sick leave, personal leave, or overtime prior to the commencement of worker's compensation payments, the amount of leave charged shall be reduced in the ratio of worker's compensation payments to total salary. This applies to the seven (7) day waiting period if it is determined to be compensable. If vacation, sick leave, personal leave, or overtime is used concurrently with worker's compensation payments in order to pay full salary, the amount of leave charged shall be on the basis of the amount paid not covered by the worker's compensation payment.

(State Personnel Department; 31 IAC 5-8-5; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-8-6 31 IAC 5-8-6 Paid leave

31 IAC 5-8-6 Paid leave

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2; IC 20-24; IC 35-44.1-1-3

Sec. 6. (a) Subject to prior approval by the director, an appointing authority may authorize leave with pay for an employee for the purpose of securing special education or training, other than departmental in-service, directly appropriate to the employee's position, which will result in benefit to the state.

(b) An appointing authority may allow leave with pay not to exceed three (3) regularly scheduled work days for the death of any of the following individuals:

(1) Husband.

(2) Wife.

(3) Father.

(4) Mother.

(5) Son.

(6) Daughter.

(7) Brother.

(8) Sister.

(9) Grandparent.

(10) Grandchild.

(11) The spouse of a relative listed in subdivisions (3) through (10).

(12) A person living in the same household with the employee.

For a married employee, members of the spouse's family listed in subdivisions (3) through (10) are included.

(c) An employee, except an employee paid by the hour or day, lawfully required to report for jury duty or serve as a witness before any body or agency having subpoena powers, shall be granted a leave of absence by their appointing authority from their position during the required absence for that duty. When a leave absence is granted for jury duty or to serve as a witness in matters relating to employment with the state, the employee receives that portion of their regular salary from the state that, together with the compensation for court service, equals their total regular salary for the same period.

(d) An employee who is a member of the armed forces reserves or the national guard is entitled to a leave of absence, not to exceed fifteen (15) work days in a calendar year, without losing pay or vacation time. The employee is required to submit a written order or an official statement requiring the military duty.

(e) A full-time or part-time employee is allowed leave with pay to voluntarily participate in activities benefitting another governmental entity or a charitable organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. Community service leave time is not to exceed a combined total of fifteen (15) hours for full-time employees and seven and one-half (7.5) hours for part-time employees each calendar year. Voluntary activities must not promote religion or attempt to influence legislation, governmental policy, or elections to public office.

(f) Once annually, agencies may organize and participate in an agency sponsored volunteer event benefitting another governmental entity or a charitable organization exempt from federal income taxation under Section 501(c)(3) that complies with IC 35-44.1-1-3. Employee participation at the event is voluntary and shall not exceed seven and one-half (7.5) hours of paid time. Time spent volunteering at an agency sponsored event counts toward an employee's use of the combined total cap of community service leave time established in subsection (e). For purposes of this section, "governmental entity" means:

(1) an agency;

(2) a department;

(3) a division of a federal, state, or local government;

(4) a separate body corporate and politic; or

(5) public schools, including charter schools established under IC 20-24.

(g) After the:

(1) birth of the employee's child;

(2) birth of a child to the employee's spouse; or

(3) placement of a child for adoption with the employee;

a full-time or part-time employee employed at least six (6) consecutive months in a permanent position may request and receive paid leave. An eligible full-time employee may receive up to one hundred fifty (150) hours of paid leave. An eligible part-time employee may receive up to seventy-five (75) hours of paid leave. New parent leave not taken:

(1) within six (6) months after a birth or placement for adoption; or

(2) before separation from employment in state service;

is forfeited. New parent leave runs concurrently with family medical leave (FML) for eligible employees charged FML for absences due to childbirth or parenting.

(State Personnel Department; 31 IAC 5-8-6; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-8-6.1 31 IAC 5-8-6.1 Emergency conditions leave

31 IAC 5-8-6.1 Emergency conditions leave

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

(a) For purposes of this section, "emergency conditions" means circumstances requiring closing a state worksite due to conditions at that location adversely affecting the health or safety of employees or clients and customers, or all, or the ability of employees to perform required duties (e.g., water main breaks, sewage back-ups, power outages, or bomb threats), and where there is no reasonable alternative site for employees to perform the work. The director may authorize closing a state operation due to emergency conditions occurring at a worksite, and employees affected by that closure will not lose wages for the time the worksite is unusable.

(b) When the director declares a state worksite closed due to emergency conditions, employees scheduled to work at that worksite during that time, but not required to work, are given leave with pay. Employees required to work at the worksite under emergency conditions are granted compensatory time on an hour for hour basis for hours worked.

(c) Only the director may authorize the closing of a state worksite or operation due to emergency conditions. Reporting emergency conditions at a worksite must be submitted through designated chains of authority to the employee relations division of the department as soon as possible.

(d) An appointing authority may only authorize unpaid leave or an employee's request to use accrued leave, but may not authorize paid emergency conditions leave or compensatory time for work during emergency conditions.

(e) Employees engaged in emergency response duties or on previously approved leaves, and employees appointed on a temporary or an intermittent basis, are not eligible for emergency conditions leave.

(f) Emergency conditions leave does not apply to employees on sick leave or any other leave approved before an emergency condition has been declared, or to employees engaged in emergency response activities, such as snow removal, radio operations, or emergency management.

(g) Weather conditions affecting only the ability to commute are not considered emergency conditions requiring closing a state worksite or paid leave.

(h) For purposes of this subsection, "conditions of a serious nature" means circumstances that may:

(1) affect the ability of employees to report to work; or

(2) require curtailing operations by reducing staffing to minimum levels, or reassigning staff to another location or other locations;

or both. If conditions of a serious nature exist, an appointing authority may curtail operations by reassigning employees to another worksite or other worksites, or authorizing leave without pay for affected employees, or both. Employees may elect to use vacation leave, personal leave, or compensatory time to cover absences.

(State Personnel Department; 31 IAC 5-8-6.1; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-8-7 31 IAC 5-8-7 Leave without pay

31 IAC 5-8-7 Leave without pay

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 7. The appointing authority, with the approval of the director, may grant an employee leave without pay for a period not to exceed two (2) years, whenever such leave is considered to be in the best interests of the state. Such leave shall be requested in writing by the employee and shall require written approval by the appointing authority and the director. Except under unusual circumstances, voluntary separation from the service in order to accept employment not in the state service shall not be considered by the director as sufficient cause for the approval of a leave of absence without pay. Upon expiration of a regularly approved leave without pay, or sooner upon due notice if the interests of the service make it necessary, the employee shall be returned to a position in the same class as the position held at the time leave was granted. Employees on leave without pay due to personal illness, injury, or legal quarantine may be required to submit medical proof from a designated physician of fitness to return to work before resuming duties. Failure of an employee on leave to report for duty after the appointing authority issues a written notice to return shall be deemed unauthorized leave. At the time such notice is sent to the employee on leave, the appointing authority shall send a copy to the director.

(State Personnel Department; 31 IAC 5-8-7; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-8-8 31 IAC 5-8-8 Military leave without pay

31 IAC 5-8-8 Military leave without pay

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 8. (a) An employee, on request, is granted a leave of absence without pay to cover the length of their services in the uniformed services of the United States, as required by the Uniformed Services Employment and Reemployment Rights Act.

(b) Sick, personal, and vacation leave credits do not accrue during military leave.

(d) If there is no vacancy, a vacancy is created by using the layoff procedure.

(e) If an employee on military leave fails to apply for return from leave in compliance with applicable federal law, the failure is considered as an automatic resignation.

(State Personnel Department; 31 IAC 5-8-8; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-8-9 31 IAC 5-8-9 Special leave

31 IAC 5-8-9 Special leave

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 9. (a) Subject to the approval of the director, employees occupying positions in the state classified service may be granted special leaves of absence to accept appointment to positions in the unclassified service.

(b) The special leave may be granted originally for any period of time up to a maximum of four (4) years. Such leave may be extended annually after the end of the fourth year to cover entire period of employment in the position.

(c) Upon termination of service in the position in the unclassified service, the employee shall be returned to the same or a reasonably comparable position as the position held at the time leave was granted. The rate of pay upon return to the state classified service shall be no less than that being paid at the time leave was granted unless such rate of pay is precluded due to change of salary grade or range for the class.

(State Personnel Department; 31 IAC 5-8-9; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-8-10 31 IAC 5-8-10 Special sick leave

31 IAC 5-8-10 Special sick leave

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 10. Special sick leave that was accrued prior to July 1, 1989, may be used as provided in 31 IAC 5-9-29.

(State Personnel Department; 31 IAC 5-8-10; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 9

31 IAC 5-9-1 31 IAC 5-9-1 Short term disability; eligibility

Rule 9. Short-Term and Long-Term Disability

31 IAC 5-9-1 Short term disability; eligibility

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 5-10-8-7; IC 22-3-2

Sec. 1. An employee who meets the following criteria is entitled to short term disability benefits under this rule:

(1) The employee is employed on a full-time basis and has worked at least six (6) consecutive months of continuous full-time employment while actively working without a break in service due to:

(A) resignation;

(B) retirement;

(D) an unauthorized leave of absence; or

(E) termination;

before the elimination period begins. An authorized leave of absence without pay, while not considered a break in service, is not counted toward the six (6) months of active work requirement, so that the length of authorized leave without pay is added to the period before the employee becomes eligible.

(2) The employee is absent due to illness, injury, or legal quarantine as evidenced by a physician's signed statement.

(3) The employee is absent thirty (30) consecutive calendar days due to the disability.

(State Personnel Department; 31 IAC 5-9-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-2 31 IAC 5-9-2 Short term disability; elimination period

31 IAC 5-9-2 Short term disability; elimination period

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 2. To be eligible for short term disability benefits, an employee must be absent from work for an elimination period of thirty (30) consecutive calendar days. Authorization for absence and salary continuation during the elimination period is sought under the rules relating to:

(1) vacation leave;

(2) sick leave;

(3) personal leave;

(4) compensatory time;

(5) previously accrued special sick leave;

(6) new parent leave;

(7) leave without pay; or

(8) worker's compensation.

The employee may choose the order in which vacation leave, sick leave, personal leave, or compensatory time is charged during the elimination period. On the thirty-first calendar day of an absence due to disability, the employee becomes eligible for short term disability benefits.

(State Personnel Department; 31 IAC 5-9-2; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-3 31 IAC 5-9-3 Short-term disability; basic benefit

31 IAC 5-9-3 Short-term disability; basic benefit

Authority: IC 4-15-2.2-19

Affected: IC 4-15; IC 22-3-2

Sec. 3. The basic short-term disability benefit is sixty percent (60%) of the employee's base biweekly wage.

(State Personnel Department; 31 IAC 5-9-3; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-4 31 IAC 5-9-4 Short term disability; augmentation of basic benefit

31 IAC 5-9-4 Short term disability; augmentation of basic benefit

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 4. The basic short term disability benefit may be augmented up to eighty percent (80%) of the employee's base biweekly wage by pro rata charge against accrued leave balances. For example, an employee entitled to the short term disability benefit may receive eighty percent (80%) of their base biweekly wage by subtracting one (1) day each week from the accrued leave balance.

(State Personnel Department; 31 IAC 5-9-4; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-5 31 IAC 5-9-5 Short-term disability; duration

31 IAC 5-9-5 Short-term disability; duration

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 5. Short-term disability benefit payments may not exceed five (5) months.

(State Personnel Department; 31 IAC 5-9-5; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-6 31 IAC 5-9-6 Short-term disability; recurrence, continued treatment

31 IAC 5-9-6 Short-term disability; recurrence, continued treatment

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 6. (a) An employee who returns to work from short-term disability and returns to nonwork status within three (3) months will not begin a new benefit period or be subjected to a new elimination period if the second disability is the same as the first. The entire period of absence will be considered as one (1) continuous period resulting from the same disability.

(b) If the employee returns to work but periodically needs time off for ongoing medical treatment related to the disability, the sporadic absences for treatment may be compensated at the basic benefit rate or, at the employee's option, the employee may use accrued leave and receive full compensation.

(State Personnel Department; 31 IAC 5-9-6; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-7 31 IAC 5-9-7 Long-term disability; contribution

31 IAC 5-9-7 Long-term disability; contribution

Authority: IC 4-15; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 7. After six (6) months continuous full-time employment, an employee contribution shall be collected through payroll deductions in the amount of one-fourth of one percent (.25%) of the employee's gross biweekly compensation.

(State Personnel Department; 31 IAC 5-9-7; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-8 31 IAC 5-9-8 Long-term disability; eligibility

31 IAC 5-9-8 Long-term disability; eligibility

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 8. An employee who meets all the following criteria is entitled to long-term disability benefits:

(1) The employee must be employed on a full-time basis and have six (6) months of continuous full-time employment prior to the beginning of the elimination period.

(2) The employee must be absent due to illness, injury, or legal quarantine as evidenced by a physician's signed statement.

(3) The employee must have been absent for a continuous period of six (6) months due to the disability.

(State Personnel Department; 31 IAC 5-9-8; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-9 31 IAC 5-9-9 Long term disability

31 IAC 5-9-9 Long term disability

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 9. (a) Except as provided in sections 20(4) and 27 of this rule, for the first and second year, the long term disability benefit is available if an employee is unable to perform work consistent with their classification.

(b) The long term disability benefit is available for a third and fourth year if an employee is unable to perform the work of an occupation for which they are reasonably qualified by reason of education, training, or experience.

(State Personnel Department; 31 IAC 5-9-9; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-10 31 IAC 5-9-10 Long-term disability; basic benefit

31 IAC 5-9-10 Long-term disability; basic benefit

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 10. (a) For the first and second year of long-term disability, the basic benefit is fifty percent (50%) of the employee's base biweekly wage before disability.

(b) For the third and fourth year of long-term disability, the basic benefit is forty percent (40%) of the base biweekly wage before disability.

(State Personnel Department; 31 IAC 5-9-10; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-11 31 IAC 5-9-11 Long-term benefits; augmentation

31 IAC 5-9-11 Long-term benefits; augmentation

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 11. (a) During the first and second year of long-term disability benefits, the basic long-term disability benefit may be augmented to seventy percent (70%) of the employee's base biweekly wage, by subtracting one (1) day each week from an accrued leave balance.

(b) During the third and fourth year of long-term disability benefits, the basic long-term disability benefit may be augmented to sixty percent (60%) of the employee's base biweekly wage, by subtracting one (1) day each week from an accrued leave balance.

(State Personnel Department; 31 IAC 5-9-11; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-12 31 IAC 5-9-12 Long-term benefits; duration

31 IAC 5-9-12 Long-term benefits; duration

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 12. (a) Except as otherwise provided in this section, long-term disability benefit payments are limited to a maximum duration of four (4) years.

(b) Benefits will only be provided as long as the employee is deemed disabled.

(c) The maximum short-term and long-term benefit period for a mental or nervous disability is limited to twenty-four (24) months.

(d) The maximum short-term and long-term benefit period for drug or alcohol dependency rehabilitation is limited to twenty-four (24) months.

(e) The maximum benefit period for a disability occurring on or after attaining sixty-two (62) years of age is limited as follows:


Age at Disability	Benefit Duration
62	3.50 years
63	3.00 years
64	2.50 years
65	2.00 years
66	1.75 years
67	1.50 years
68	1.25 years
69 +	1.00 year

(State Personnel Department; 31 IAC 5-9-12; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-13 31 IAC 5-9-13 Long-term disability; recurrence, continued treatment

31 IAC 5-9-13 Long-term disability; recurrence, continued treatment

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 13. (a) An employee who returns to work from a long-term disability and returns to nonwork status within six (6) months will not begin a new benefit period or be subject to a new elimination period if the second disability is the same as the first. The entire period of absence will be considered as one (1) continuous period resulting from the same disability.

(State Personnel Department; 31 IAC 5-9-13; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-14 31 IAC 5-9-14 Long term disability; return to work

31 IAC 5-9-14 Long term disability; return to work

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 14. (a) If an employee, having recovered from a long term disability, wants to return to work and the agency the employee was employed with before the onset of the disability does not have a vacant position in their classification, or a similar classification with the same basic qualifications and salary range, then the layoff procedure is used to determine which employee is laid off.

(b) When benefits end because a disability does not meet the standard set forth in section 9(b) of this rule, the last appointing authority for whom an employee worked before the onset of the disability shall offer the employee the next available position, within thirty (30) miles of the employee's designated work station before the onset of the disability, at the same or a lower skill level, that the employee is legally qualified to fill and physically capable of performing. The appointing authority's obligation under this subsection ends and employment is terminated after either:

(1) the third time an offer is declined; or

(2) the maximum similar period that applies to the employee, set forth in section 12 of this rule, expires;

whichever comes first.

(State Personnel Department; 31 IAC 5-9-14; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-15 31 IAC 5-9-15 Exclusions

31 IAC 5-9-15 Exclusions

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 15. Neither short-term nor long-term disability benefits are payable for a disability resulting from the following:

(1) War, declared or undeclared.

(2) Participation in a rebellion, insurrection, or riot.

(3) Intentionally self-inflicted injury.

(4) Commission of, or attempt to commit, a crime.

(5) An accident caused by intoxication due to alcohol or illicit drugs.

(6) Willful failure to follow designated safety procedures.

(7) Willful disregard of rules.

(8) Willful failure to perform a stated duty.

(State Personnel Department; 31 IAC 5-9-15; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-16 31 IAC 5-9-16 Administration

31 IAC 5-9-16 Administration

Authority: IC 4-15-2.2-19

Affected: IC 4-15; IC 5-10-8-7; IC 22-3-2

Sec. 16. (a) An application for benefits must:

(1) be submitted by an employee, or a person acting on the employee's behalf, to the department or, if a third party administrator is contracted by the state, the third party administrator; and

(2) include a request for benefits and signed physician's statement evidencing the nature, extent, and probable duration of the disability.

(b) The effective date of benefit payments shall not precede the date the application is made by an employee, or a person acting on the employee's behalf, to the department or, if a third party administrator is contracted by the state, the third party administrator.

(c) An employee must apply for Social Security and pension benefits at the same time as or before applying for long term disability benefits. The employee must exercise due diligence in attempting to secure an award of Social Security and pension benefits.

(d) Determination of disability and eligibility for benefits is made by the department, together with the disability determination bureau of the division of disability and rehabilitative services, or by a third party administrator contracted by the state.

(State Personnel Department; 31 IAC 5-9-16; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-17 31 IAC 5-9-17 Medical examinations

31 IAC 5-9-17 Medical examinations

Authority: IC 4-15-2.2-19

Affected: IC 4-15; IC 5-10-8-7; IC 22-3-2

Sec. 17. An appointing authority, the department, the disability determination bureau of the division of disability and rehabilitative services, or a third party administrator contracted by the state may require examination by designated physicians. Examinations by state designated physicians are paid for by the state. An employee failing to submit to a required examination or waive the patient/physician privilege results in a disqualification of eligibility for benefits. The employee is not required to waive the patient/physician privilege as to medical conditions unrelated to their claim for benefits.

(State Personnel Department; 31 IAC 5-9-17; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-18 31 IAC 5-9-18 Payroll

31 IAC 5-9-18 Payroll

Authority: IC 4-15-2.2-19

Affected: IC 4-15; IC 5-10-8-7; IC 22-3-2

Sec. 18. Benefits shall be:

(1) paid using the auditor's payroll system; and

(2) processed through the state personnel department or third party administrator.

(State Personnel Department; 31 IAC 5-9-18; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-19 31 IAC 5-9-19 Staffing table location (Repealed)

31 IAC 5-9-19 Staffing table location (Repealed)

(Repealed by State Personnel Department; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-20 31 IAC 5-9-20 Termination

31 IAC 5-9-20 Termination

Authority: IC 4-15-2.2-19

Affected: IC 4-15; IC 5-10-8-7; IC 22-3-2

Sec. 20. Benefits terminate when any of the following occur:

(1) An employee fails to submit information necessary for claim administration, including the following:

(A) Authorizing attending physicians to release information to the state and third party administrator on the employee's condition and prognosis.

(B) Timely reporting income from sources specified in section 22(a) or 25 of this rule.

(2) An employee refuses to submit to an examination by a designated physician.

(3) An employee's medical condition no longer meets the disability standard set forth in section 1(2) or 9 of this rule.

(4) An employee refuses to accept work assignments appropriate to the employee's medical condition.

(5) An employee returns to regular duty.

(6) An employee commits fraud related to their application for benefits.

(7) A time specified in section 5 or 12 of this rule has expired.

(8) An employee engages in activity that hinders the employee's rehabilitation.

(9) An employee is terminated for reasons other than the employee's absence due to disability.

(State Personnel Department; 31 IAC 5-9-20; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-21 31 IAC 5-9-21 Continuation of benefits

31 IAC 5-9-21 Continuation of benefits

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 21. (a) Group health, dental, vision, and life insurance will be continued in force for employees on short-term and long-term disability. Employee contributions toward the premiums shall be deducted from the disability payments.

(b) An employee who qualifies for the short-term or long-term disability program but whose benefits would be zero (0) because of the offset provisions of section 22 of this rule shall receive a guaranteed minimum benefit sufficient to make the employee contribution to group medical, dental, vision, and life insurance offered by the state that the employee was enrolled in at the time the disability began.

(c) The long-term disability premium contribution shall be waived for employees receiving the long-term disability benefit.

(d) No sick, vacation, personal, or other paid leave accrues while the employee is on short-term or long-term disability.

(e) Time spent on short-term or long-term disability is credited as service for retirement fund purposes.

(f) Retirement fund benefits will be calculated only once while the employee is on short-term or long-term disability. Retirement fund benefits will not be recalculated until the short-term and long-term disability benefits cease. However, any increases in benefits granted by the Indiana general assembly will increase the employee's pension payments.

(State Personnel Department; 31 IAC 5-9-21; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-22 31 IAC 5-9-22 Offsets

31 IAC 5-9-22 Offsets

Authority: IC 4-15-12.2-19

Affected: IC 4-15; IC 5-10-8-7; IC 22-3-2

Sec. 22. (a) Short-term and long-term disability salary continuation benefits shall be reduced, dollar for dollar, if the employee derives income, as the primary recipient, from any of the following sources:

(1) Social Security.

(2) Public employees' retirement fund.

(3) Teachers' retirement fund.

(4) Any other state supported retirement fund.

(5) Pension disability.

(6) Worker's compensation salary continuation benefits.

(7) Benefits provided from another employer's group plan.

(8) Remuneration for employment entered into after the disability was incurred.

(b) An employee receiving short-term or long-term disability benefits shall notify the state personnel department or the third party administrator, if a third party administrator is contracted by the state, within seven (7) calendar days of receipt that income has been received from any of the sources in subsection (a).

(c) Benefits provided by an individually purchased disability insurance policy or any medical expense reimbursement will not be offset.

(State Personnel Department; 31 IAC 5-9-22; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-23 31 IAC 5-9-23 Income adjustments

31 IAC 5-9-23 Income adjustments

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 23. (a) Short-term and long-term disability benefits are not subject to adjustment based on increases in Social Security or pension benefits. Once the amount of Social Security and pension benefits are set, they will be treated as if they remained constant for the duration of payments under this rule, such that no further offset will be made to reduce benefits under this rule.

(b) General salary adjustments granted to all employees in the disabled employee's classification:

(1) shall cause the disabled employee's base gross biweekly wage to be adjusted; and

(2) will result in an increase in benefits under this rule.

(State Personnel Department; 31 IAC 5-9-23; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-24 31 IAC 5-9-24 Other employment

31 IAC 5-9-24 Other employment

Authority: IC 4-15-2.2-19

Affected: IC 4-15; IC 5-10-8-7; IC 22-3-2

Sec. 24. (a) An employee who accepts other employment while receiving short-term or long-term disability payments shall give notice, within seven (7) calendar days, to the state personnel department or the third party administrator, if a third party administrator is contracted by the state.

(b) Persons receiving short-term or long-term disability payments may be prohibited from accepting other employment outside state government that would retard their rehabilitation.

(State Personnel Department; 31 IAC 5-9-24; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-25 31 IAC 5-9-25 Subrogation

31 IAC 5-9-25 Subrogation

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 22-3-2

Sec. 25. An employee's right to recover in tort is subrogated to the state to the extent of benefits paid under this rule. If a tort claim is settled for less than the amount of benefits paid, subrogation is limited to one-half (1/2) of settlement amount.

(State Personnel Department; 31 IAC 5-9-25; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-26 31 IAC 5-9-26 Tortious acts within scope of employment

31 IAC 5-9-26 Tortious acts within scope of employment

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 26. (a) An employee who, in the scope of state employment, is disabled by injuries resulting from the tortious act of another person, is entitled to one hundred percent (100%) of their base biweekly wage. For purposes of this rule, a correctional officer's base biweekly wage is determined using the number of hours the officer is typically scheduled to work during a pay period, excluding premium overtime.

(b) A seven (7) calendar day elimination period applies to benefits under this section. During the elimination period, the employee may use accrued leave benefits.

(d) After benefits under this section have ended, an employee is eligible for salary continuation under worker's compensation or long term disability. In this situation, long term disability benefits may be provided for the maximum duration allowed by section 12 of this rule, subject to the termination and other provisions of this rule.

(e) An employee cannot receive both the benefits under this section and salary continuation under worker's compensation at the same time.

(f) The time an employee is eligible for temporary total disability payments or total permanent disability payments is reduced by the amount of time they received benefits under this section.

(State Personnel Department; 31 IAC 5-9-26; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-27 31 IAC 5-9-27 Partial disability

31 IAC 5-9-27 Partial disability

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 27. (a) Short term and long term disability benefits are paid only if the disability does not permit an employee to perform any other job assignment and an appointing authority does not assign duties the employee is physically capable of performing, under the determinations made in sections 16 and 17 of this rule.

(b) An employee unable to do their regular job, but returns to work and performs any job assignment, is entitled to eighty percent (80%) of their base biweekly wage or the minimum hourly rate for services performed, whichever is greater.

(c) An employee who refuses an appropriate temporary assignment shall be terminated from employment, and benefits under this rule shall end.

(State Personnel Department; 31 IAC 5-9-27; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-28 31 IAC 5-9-28 Other accrued leave; option

31 IAC 5-9-28 Other accrued leave; option

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 28. After the elimination period and prior to application for short-term and long-term disability, an employee may request and the appointing authority may allow use of accrued:

(1) compensatory time off;

(2) sick leave;

(3) vacation leave;

(4) personal leave; or

(5) special sick leave.

One (1) day of accrued leave shall be charged for each day of absence.

(State Personnel Department; 31 IAC 5-9-28; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-29 31 IAC 5-9-29 Retention of previously accrued benefits

31 IAC 5-9-29 Retention of previously accrued benefits

Authority: IC 4-15-2.2-19; IC 5-10-8-7

Affected: IC 4-15; IC 22-3-2

Sec. 29. (a) Special sick leave benefits accrued by employees prior to July 1, 1989, in accordance with 31 IAC 1-9-5, which was repealed, filed August 7, 1989, 3:30 p.m., printed at 12 IR 2218, or 31 IAC 2-11-6, which was repealed, filed August 7, 1989, 3:30 p.m., printed at 12 IR 2218, that are unused as of June 30, 1989, remain on account for use by the employee who has been continuously employed since July 1, 1989.

(b) An employee with more than one (1) year but less than five (5) years of continuous full-time employment as of June 30, 1989, is entitled to credit with special sick leave equal to one (1) calendar week for each calendar year of continuous full-time state employment completed prior to July 1, 1989. A proportionate amount of special sick leave will be allowed for that period of continuous service in excess of complete years, prior to July 1, 1989.

(c) After exhaustion of accumulated vacation leave, sick leave, personal leave, and compensatory time off, the special sick leave account may be used by the employee in the following circumstances:

(1) During the elimination period, prior to the beginning of disability benefits, as provided in section 2 or 26(b) of this rule.

(2) To augment short-term or long-term disability benefits as provided in sections 4 and 11 of this rule.

(3) In lieu of short-term and long-term disability benefits as provided in section 28 of this rule.

(State Personnel Department; 31 IAC 5-9-29; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-9-30 31 IAC 5-9-30 Agency election

31 IAC 5-9-30 Agency election

Authority: IC 4-15-2.2-19; IC 5-10-8-6; IC 5-10-8-7

Affected: IC 4-15; IC 5-10-8-4; IC 5-10-8-6

Sec. 30. The administrative heads of the state police, conservation officers, and state excise police shall notify the state personnel director whether the provisions of this rule will apply to their employees or whether they will establish separate plans providing equal benefits under IC 5-10-8-4 and IC 5-10-8-6.

(State Personnel Department; 31 IAC 5-9-30; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 10

31 IAC 5-10-1 31 IAC 5-10-1 Definitions

Rule 10. Retiree Leave Conversion

31 IAC 5-10-1 Definitions

Authority: IC 4-15-2.2-19; IC 5-10-12-4

Affected: IC 5-10-8-8; IC 5-10-12; IC 21-7-13-32

Sec. 1. The following definitions apply throughout this rule:

(1) "Eligible retiree" means an individual who:

(A) has at least ten (10) years of creditable service with a state agency;

(B) retires after June 30, 2000;

(D) has not previously received the benefits of converting leave under this rule.

(2) "Retire" means to terminate state employment at a time when an eligible retiree is entitled to begin receiving pension benefits from a public pension plan as a result of the retiree's state service.

(3) "State agency" means:

(A) an authority;

(B) a board;

(D) a commission;

(E) a committee;

(F) a department;

(G) a division; or

(H) other instrumentality of state government;

but does not include a state educational institution, as defined in IC 21-7-13-32, a state elected official's office, and the legislative and judicial branches of state government.

(State Personnel Department; 31 IAC 5-10-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-10-2 31 IAC 5-10-2 Applicability

31 IAC 5-10-2 Applicability

Authority: IC 4-15-2.2-19; IC 5-10-12-4

Affected: IC 5-10-8-8; IC 5-10-12

Sec. 2. This rule applies to an eligible retiree who retired from a state agency.

(State Personnel Department; 31 IAC 5-10-2; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-10-3 31 IAC 5-10-3 Deposits

31 IAC 5-10-3 Deposits

Authority: IC 4-15-2.2-19; IC 5-10-12-4

Affected: IC 5-10-8-8; IC 5-10-12

Sec. 3. The state will pay the eligible retiree the amount determined in section 4 of this rule.

(State Personnel Department; 31 IAC 5-10-3; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-10-4 31 IAC 5-10-4 Leave valuation and maximum

31 IAC 5-10-4 Leave valuation and maximum

Authority: IC 4-15-2.2-19; IC 5-10-12-4

Affected: IC 5-10-8-8; IC 5-10-12-5

Sec. 4. (a) Subject to subsection (b), for purposes of the retiree leave conversion program, the value of accrued but unused and uncompensated sick, vacation, or personal leave is determined as follows:

STEP ONE: Divide the retiree's regular biweekly salary, as reflected on the state personnel department's staffing report as of the retirement date, by seventy-five (75).

STEP TWO: Multiply the quotient determined in STEP ONE by the number of sick, vacation, and personal leave hours the retiree had accrued, but were unused and uncompensated, at the time of separation.

STEP THREE: Multiply the product of STEP TWO by the following:

(A) Twenty percent (20%), for a retiree with at least ten (10) years, but less than fifteen (15) years, of creditable service.

(B) Thirty-five percent (35%), for a retiree with at least fifteen (15) years, but less than twenty (20) years, of creditable service.

(b) An eligible retiree is not entitled to more than the amount specified in IC 5-10-12-5.

(State Personnel Department; 31 IAC 5-10-4; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-10-5 31 IAC 5-10-5 Limitations (Expired)

31 IAC 5-10-5 Limitations (Expired)

(Expired under IC 4-22-2.6, effective January 1, 2025.)

31 IAC 5-10-6 31 IAC 5-10-6 Death before retirement

31 IAC 5-10-6 Death before retirement

Authority: IC 4-15-2.2-19; IC 5-10-12-4

Affected: IC 5-10-8-8; IC 5-10-12

Sec. 6. If an employee dies while employed by a state agency, the state will pay the amount that would have been paid under this article if the employee had retired effective the day the employee died.

(State Personnel Department; 31 IAC 5-10-6; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 11

31 IAC 5-11-1 31 IAC 5-11-1 Layoff from the state service

Rule 11. Layoff

31 IAC 5-11-1 Layoff from the state service

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2-40

Sec. 1. An appointing authority may lay off an employee in accordance with the provisions of IC 4-15-2.2-40.

(State Personnel Department; 31 IAC 5-11-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

Rule 12

31 IAC 5-12-1 31 IAC 5-12-1 Demotion

Rule 12. Disciplinary Actions and Separations

31 IAC 5-12-1 Demotion

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 1. An appointing authority or their designee may demote an employee by presenting the employee with written notice of demotion, a copy of which is filed with the director. If the employee is not available, written notice is sent to the employee's last known address.

(State Personnel Department; 31 IAC 5-12-1; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-12-2 31 IAC 5-12-2 Suspension

31 IAC 5-12-2 Suspension

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 2. (a) An appointing authority or their designee may suspend an employee without pay for disciplinary purposes by presenting the employee with a written notice of suspension, a copy of which is filed with the director. If the employee is not available, written notice is sent to the employee's last known address.

(b) An appointing authority or their designee may suspend an employee without pay pending an investigation or trial of charges against the employee. If the outcome or trial of the charges is favorable to the employee, the appointing authority shall reimburse the employee for any lost wages and benefits for the suspension period less the wages the employee may have earned during the suspension period from other employment.

(State Personnel Department; 31 IAC 5-12-2; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-12-3 31 IAC 5-12-3 Dismissal

31 IAC 5-12-3 Dismissal

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2-34; IC 4-15-2.2-42

Sec. 3. (a) An appointing authority or the appointing authority's designee may dismiss an employee and terminate their employment by presenting the employee with a written notice of dismissal, a copy of which shall be filed with the director. If the employee is not available, written notice shall be sent to the employee's last known address.

(b) An appointing authority may dismiss an employee in a working test under IC 4-15-2.2-34.

(c) Except as provided in 31 IAC 5-9, an employee, eligible for benefits or subject to the elimination period under 31 IAC 5-9, may not be dismissed from employment due to their absence that results solely from the disability.

(d) A dismissed employee shall forfeit all accrued sick, personal, and vacation leave.

(e) An employee who is dismissed may be entitled to initiate a complaint, as provided in IC 4-15-2.2-42.

(State Personnel Department; 31 IAC 5-12-3; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)

31 IAC 5-12-4 31 IAC 5-12-4 Resignation

31 IAC 5-12-4 Resignation

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2; IC 5-8-4

Sec. 4. Any employee wishing to leave in good standing shall give the appointing authority at least two (2) weeks written notice in advance of separation. Under unusual circumstances, less time may be considered as sufficient to permit the employee to leave the service in good standing. Failure to comply with this requirement shall be entered on the service record of the employee and may be the cause of denying future employment.

(State Personnel Department; 31 IAC 5-12-4; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA; readopted filed Jun 1, 2018, 9:50 a.m.: 20180627-IR-031180194RFA; filed Aug 19, 2024, 5:25 p.m.: 20240918-IR-031240179FRA)