SECTION 340:2-1-29. Appointments

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

(1)   Classified service. Classified service refers to employees and positions under the jurisdiction of the Oklahoma Merit System of Personnel Administration (Merit System) by constitutional amendment or state statute.

(2)   Unclassified service. Unclassified service refers to employees and positions excluded from coverage under the Merit System, by constitutional amendment, state statute, or executive order and approved by the DHS Director. Employment in the unclassified service is considered employment-at-will.

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

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

(2)   Reinstatements to the classified service are probationary under the terms outlined in OAC 340:2-1-28 for new employees. Prior to enter on duty (EOD), the reinstated employee must acknowledge that serving a probationary period is a condition of the job offer.

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

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

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

[Source: Amended at 11 Ok Reg 3623, eff 7-1-94 (emergency); Amended at 12 Ok Reg 1387, eff 5-26-95; Amended at 13 Ok Reg 421, eff 11-14-95 (emergency); Amended at 13 Ok Reg 2583, eff 6-28-96; Amended at 16 Ok Reg 1008, eff 4-26-99; Amended at 18 Ok Reg 2592, eff 6-26-01; Amended at 19 Ok Reg 2182, eff 6-27-02; Amended at 20 Ok Reg 1981, eff 6-26-03; Amended at 21 Ok Reg 1338, eff 5-27-04; Amended at 22 Ok Reg 1173, eff 6-1-05; Amended at 25 Ok Reg 1292, eff 6-1-08; Amended at 27 Ok Reg 1826, eff 7-1-10; Amended at 35 Ok Reg 1559, eff 9-17-18]