SECTION 260:25-17-177. Conversion

(a)   Eligibility. Persons employed by merit system agencies under the State Work Incentive Program shall be eligible for conversion to permanent classified status at the discretion of the Appointing Authority if the employee has:

(1)   completed 2 years of continuous participation in the State Work Incentive Program, not including periods of leave without pay in accordance with 260:25-17-175;

(2)   performed satisfactorily as evidenced by performance evaluations conducted according to Section 840-4.17 of Title 74 of the Oklahoma Statutes; and

(3)   met the minimum requirements for the position.

(b)   Direct conversion. Direct conversion means the conversion of an employee to permanent classified status immediately following the successful completion of 2 years service under the State Work Incentive Program. Conversion shall be to a job consistent with the duties assigned to the employee under the State Work Incentive Program. The conversion of employees who meet the requirements of subsection (a) to permanent classified status shall be exempt from:

(1)   the application, certification, and appointment requirements of Subchapter 9 of these rules;

(2)   the probationary period requirements of Part 3 of Subchapter 11 of these rules; and

(3)   the promotional posting requirements of Part 5 of Subchapter 11 of these rules.

(c)   Conversion following a break in service or to a different job. If an employee completes a 2year appointment under the State Work Incentive Program and is separated from the unclassified appointment under this program without being directly converted, the employee will be eligible for future appointment for up to 2 years following the completion of the State Work Incentive Program and eligible persons may make application for employment directly with state agencies. Additionally, a person may be converted to a different job which is not consistent with the duties and responsibilities performed under the State Work Incentive Program appointment subject to the following conditions. Prior to appointment and conversion of a person under this authorization, the agency shall meet the internal positing requirement of Part 5 of 260:25-11 and may require a probationary period in accordance with 260:25-9-102. The following requirements must also be met:

(1)   The Administrator must certify that the person meets the current minimum qualifications for the job;

(2)   The date the person enters on duty must be within 2 years after the completion of the State Work Incentive Program appointment; and

(3)   The probationary period must be in accordance with 260:25-11-30.

(d)   Salary upon conversion. If there is no break in service and conversion is to a job which is consistent with the duties and responsibilities performed during the State Work Incentive Program appointment, the salary shall be fixed at the rate of pay in effect for the employee at the time of conversion. If the conversion is to a different job, or the conversion follows a break in service, the salary shall be determined in accordance with 260:25-7-3.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14]