N.H. Admin. Code § Per 1002.05

Current through Register No. 45, November 7, 2024

Section Per 1002.05 - Withholding Salary Increment

(a) Provided that the employee's performance evaluation has been conducted and the evaluation process set forth in Per 801 has been completed prior to the employee's increment date, an appointing authority may withhold an employee's salary increment for unsatisfactory work performance when:

(1) The employee's current performance evaluation indicates that the employee's performance fails to meet expectations overall; or

(2) The employee has failed to take those steps identified in the previous performance evaluation, written warning, or corrective action plan detailing what actions the employee was required to take in order to avoid disciplinary action.

(b) The withholding of an employee's salary increment shall serve as a written warning as set forth in paragraph (c).

(c) When an appointing authority issues a written warning to an employee advising that the salary increment is to be withheld, the warning shall:

(1) Contain a narrative describing in detail the deficiencies in the employee's performance which require the withholding of the increment;

(2) Inform the employee that the letter of warning and the withholding of the increment is a single disciplinary action;

(3) List specifically the corrective action which the employee shall take to avoid additional disciplinary action, including the time frame, if any, in which the corrective action must be taken;

(4) Notify the employee that failure to take corrective action shall result in additional disciplinary action up to, and including, discharge from employment;

(5) Include a copy of the performance evaluation completed in accordance with Per 801;

(6) Be signed by the appointing authority or his designee;

(7) Inform the employee that within 15 calendar days from the date of notice, the warning may be resolved through the procedures for settlement of disputes pursuant to Per 205 or by appeal to the personnel appeals board; and

(8) Be signed by the employee receiving the written warning to acknowledge receipt of the warning provided, however, that:

a. If an employee takes exception to the written warning, he or she may so note in addition to acknowledging receipt;

b. Notice that the employee takes exception to the warning shall not be deemed a properly filed appeal; and

c. Failure of the employee to sign the warning shall neither affect its validity nor delay the time for appeal.

(d) The original letter shall be issued to the employee with copies distributed to the:

(1) Employee's agency personnel file; and

(2) Employee's file in the division.

(e) If an employee fails to take corrective action as outlined in a written warning, the employee shall be subject to additional disciplinary action up to, and including, dismissal from employment pursuant to Per 1002.08.

(f) Notice to the appointing authority that an employee is seeking resolution of the withholding of the salary increment through the procedures for settlement of disputes pursuant to Per 205 or by appeal to the personnel appeals board shall not bar the appointing authority from taking additional disciplinary action.

(g) When a salary increment is withheld, the minimum period of withholding shall be at least 3 months service from the date the increment would otherwise be applicable.

(h) The withholding of an employee's salary increment shall result in the establishment of a new salary increment date in accordance with Per 900.

(i) The employee shall not be eligible to receive a salary increment until he or she has completed at least 12 months of satisfactory work from the date the salary increment is granted.

N.H. Admin. Code § Per 1002.05

# (See Revision Notes at chapter heading for Per 100) 8738, eff 10-18-06

Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.