CHUUK STATE HEALTH CARE PLAN (CSHCP)
BOARD OF TRUSTEES REGULATIONS
CHAPTER I
PERSONNEL SERVICE SYSTEM
 

Part 1.   GENERAL PROVISIONS

Part 1.A.1.      Authority. These regulations have been promulgated by the Chuuk State Health Care Plan Board of Trustees in accordance with Title II Section 2.14 of the Chuuk State Law 2-94-06 (Chuuk State Health Care Plan Act of 1994) as amended. These regulations and any further amendments thereto shall have the force and effect of law and be binding upon all persons performing any specified personnel Service functions.

Part 1.A.2       Purpose. The purpose of these regulations is to establish a CSHCP Personnel Service system for organization, administration, recruitment and compensation of officers and employees of the CSHCP Board of Trustees.
 

Part 2.A.0   DEFINITION OF TERMS
Part 2.A.1      "Board" means the Board of Trustees of the Chuuk State Health Care Plan.

Part 2.A.2      "Executive Director" means the Executive Director of the Chuuk State Health Care Plan.

Part 2.A.3      "Fund" means the Trust Fund to be established by the Board in accordance with the act.

Part 2.A.4      "Bylaws" means the bylaws of the Chuuk State Health Care Plan in effect from time to time.

Part 2.A.5      "Employer" means any person who employees the services of others and pay them wages or salaries of a person who is self employed, that is a person who earns money for labor or goods.

Part 2.A.6      "Employees" means any individual who has been employed for wages or salaries for services from an employer.

Part 2.A.7      "Third Party Administrator" means the individual or firms within or outside of Chuuk, which contracts to perform administrative services in the operation of the Plan.

Part 2.A.8      "Plan" means the Chuuk State Health Care Plan. The Plan established under Section 1.3 of the Act as a Public corporation.

Part 2.A.9      "Regulations" means the regulations adopted by the Board and approved by the Governor for the administration of the Plan, and

Part 2.A.10    "Resident" means any citizen of Chuuk for whom Chuuk is his/her principal residence or any non-citizen of Chuuk who has established an ongoing physical presence in Chuuk and whose presence is sanctioned by law and is not merely transitory in nature.
 

Part 3.A.0  ORGANIZATION AND ADMINISTRATION

Part 3.A.1      Designated Officer: The provisions of the CSHCP Act and these regulations shall govern the administration of the CSHCP Personnel Service System. Subject to the same regulations and law, the Executive Director is designated to be responsible for these followings:

a.   Directs and supervises all of the administrative and technical activities of the Office of CSHCP,

b.   Administers the system of personnel management and administration for the Board of Trustees;

c.   Prepares proposed policies and regulations to carry out the provisions of the Chuuk State Health Care Plan personnel system;

d.   Acts for the Board in exercise of his/her appointing authority, to include the determinations of qualifications required for all positions, whether employees or prospective employees meet minimum qualifications requirements, and the appropriate compensation for all positions in the Chuuk State Health Care Plan

e.   Advises the Board of Trustees on all matters concerning personnel management and administration, employee training;

f.    Develops and utilizes the recruitment and selection procedures and methods;

g.    Develops and maintains a position classification plan and a pay in accordance with the Chuuk State Health Care Plan, Act of 1994 as amended;

h.    Establishes and maintains a current roster of all officers and  employees in the CSHCP Personnel System indicating for each of the class of positions held, the salary, and any other appropriate data;

i.     Develops training programs for the improvement of employees skill and for the development of a systematic career program for employees who are citizens of Chuuk, Federated States of Micronesia;

j.     Develops and maintains a system of performance evaluation for the purpose of appraising the productivity of employees in the CSHCP Personnel Service System;

k.    Encourages and exercises leadership in the development of effective personnel management and administration within the CSHCP office and makes available the facilities of the CSHCP Office to this end;
 
l.     Fosters and develops, in cooperation with management officials, programs to promote the CSHCP Personnel Service System and to improve employee efficiency;

m.  Cooperates fully with and attends, or arranges for a qualified representative to attend, all Personnel hearings and advises the Board of Trustees on technical matters as required;

n.    Performs any other activities deemed necessary and appropriate to assure the promotion of a comprehensive merit system;

o.    Performs any other lawful acts assigned to him/her by the Board of Trustees or otherwise required to carry out the provisions and purposes of the CSHCP.

Part 3.A.2      Examination

Part 3.A.3      This Part prescribes the examining system to be used in CSHCP Personnel Service System. It describes the several types of examinations, the assembling of eligible list, and the referral of eligible from those lists to selecting officials.

Part 3.A.4       Competitive Examinations. All examinations shall be competitive and open to the public except where specifically exempted. All examinations shall be either:

a.  Assembled wherein the applicants assemble in a designated place(s) at a specified time(s) to take written or performance tests germane to the position(s) sought. Assembled examinations will be conducted under conditions affording maximum security at all times to protect the confidential nature of examination questions and related documents.

b.  Unassembled, wherein the applicants, responding to an examination announcement, submit, to designated places and by designated times, their records of education, training, experience, and such other information as requested in the announcement, to be evaluated and rated by a qualified analyst.

c.  The examination announcement shall stipulate the dates of opening and closing of the examination, the forms, to be used for filing, and the places to which the forms and associated information shall be sent.

Part 3. A.5     Non-Competitive Examinations. Non-competitive examinations, either assembled, or unassembled, may be used when, in the judgement of the Executive Director, one of the following conditions or circumstances so requires:

a.  The position to be filled requires rare or special qualifications or training, which do not permit competition.

b.  There is a lesser number of qualified applicants than there are positions to be filled.

Part 3.A.6      Publicity.  Optimum publicity shall be given to examination announcements through posting within the Chuuk State, FSM National and CSHCP Office and such other places as may be designated by the Executive Director (e.g., official bulletin boards in offices or work places).

Part 3.A.7       Content of Examination Announcements. Announcements shall contain, at least, the following information:

a.   Class Title of positions.
b.   Salary and pay level.
c.   Brief description of duties and responsibilities.
d.   Geographical and organizational location of the presently vacant
      position(s).
e.   Qualifications required for admission.
f.    Opening and Closing dates, and place to file applications.
g.   Place and time of examination, if any.
h.   Any other information considered by the Executive Director to
      be valuable to the attraction of candidates for the position.

Part 3.A.8      Period of Announcement. Examination announcements on a competitive basis shall be open for at least ten (10) calendar days. However, the Executive Director may extend the period for receipt of applications at his/her discretion, providing such extension is announced in the same manner as the original announcement.

Part 3.A.9      Continuous Examinations. When difficulty is experienced in attracting sufficient numbers of qualified applicants for vacancies to the CSHCP Personnel Service System, the Executive Director may announce a continuous examination. Notice of closing of a continuous examination shall be posted at least one week prior to the final closing date for such examination.

Part 3.A.10    Promotional Examinations. Promotional examinations are restricted to permanent employees in the CSHCP Personnel Service System. Announcements to fill vacancies by promotion shall be distributed in the same manner as other examination announcements. However, the Executive Director may restrict eligibility, for participation in an examination to a particular position to be filled in the CSHCP office.

Part 3.A.11    Admission to Examinations. Applications for examination shall be made on forms prescribed by the Executive Director. Proper completion ofapplications and submission of supplemental information shall be accomplished in accordance with the examination announcement and established procedures. Applications shall be signed and such signature shall certify to the truth of all statements contained therein. A knowingly false answer or statement shall be grounds for denying admission to the examination, removal from the resulting eligible list, or for dismissal from the CSHCP Personnel Service System if the person is employed prior to the discovery of a false answer or statement. The CSHCP Executive Director and his designee are authorized to receive applications. Applications for specific positions shall be received only during the period specified on the examination announcement. Applications submitted by mail shall be postmarked no later than the announced closing date. Late applications will not be accepted unless approved by the CSHCP Executive Director because of unusual circumstances. Such determinations shall be made a matter of record and similar circumstances in other examinations shall be treated equally.

Part 3.A.12    Disqualification of Applicants. The CSHCP Executive Director or his/her designee may refuse to examine an applicant for failure to meet the minimum requirements for admission to the examination. Applicants who do not meet the minimum qualifications shall be notified as soon as practicable. If an applicant is disqualified following placement on an eligible list, his/her name shall be removed from the eligible list.

Part 3.A.13     Notification of Acceptance for Assembled Examination.
 
Each applicant who has been accepted shall be given sufficient advance notice of the date, time, and place of an assembled examination; inclusion of the requisite information on the examination announcement. No applicant shall be entitled to take an assembled examination on date, time, or place, other than stated in the notification unless specifically authorized by the CSHCP Executive Director. The CSHCP Executive Director shall not be responsible if a notice is lost in the mails or sent to an applicant's former address. Where mail service is not adequate to meet these notification appointments, oral notification in person, by telephone, or by radio may be given if the foregoing time and content provisions are met, and if such oral notification is properly documented.
 
Part 3.A.14    Conduct of Assembled Examination. The CSHCP Executive Director shall appoint a representative to administer the examinations at the time(s) and place(s) designated in the notification of acceptance for examination or the examination.

Part 3.A.15    Cancellation of Examinations. The CSHCP Executive Director may cancel examinations at any time if there is no longer need for eligible covered by the examination or if the examination no longer meets the expressed requirements of the government.

Part 3.A.16    Rating of Examinations.

a.   Examinations shall be rated by the CSHCP Executive Director or by a qualified rating examiner from the CSHCP Office.

b.   Appropriate scientific and statistical techniques and procedures shall be used in scoring and rating examinations, and determining the relative ranking of candidates on competitive examinations. The final rating required to pass an examination shall be set by the CSHCP Executive Director who may also set minimum ratings for each part of the examination when the examinations are arranged in readily identifiable parts. The final earned ratings of candidate shall be determined by combining the earned rating of each part of the examination in accordance with the weights established for each such part.
 
Part 3.A.17    Reviews of Examination Results. Any applicant may request a review of his/her rating within ten-calendar day following the notification of examination results. Such request for review shall be addressed to the CSHCP Executive Director who shall comply with the request.

Part 3.A.18    Changes in Rating, Changes in rating may be made as a result of correction of errors in the scoring or rating process, or as a result of a request for review wherein the facts presented warrant a change. Correction of errors shall be applied equally to all participants. As amended notice of rating shall be reported to all applicants affected by such change in rating.

Part 3.A.19    Establishment of Eligible Lists.

a.  The CSHCP--Executive Director or his/her designee shall establish eligible lists in which all candidates who received an eligible or passing rating on the examination shall be listed. The Eligible List shall list the candidates in the order of their respective scores. When the CSHCP Executive Director provides a list of eligible to a management official, the names of five or fewer as may be available candidates shall be certified first. An eligible list shall be considered "established" when approved by the CSHCP Executive Director.

b.   When an Eligible List is reduced to a level which contains too few names to provide selecting officials with an adequate range of choice and the employment forecast indicated a continuing need for eligible in the class, the CSHCP Executive Director shall announce a new examination.

c.  In the event two or more applicants have identical rating, their names shall be placed according to their scores on the most heavily weighted portion of the examination. If all portions are identical, the receipt time of their applications will determine priority. An open competitive list shall be certified by the CHCP Executive Director only after it has been determined that a qualified candidate is not available from the re-employment list or promotional list.

Part 3.A.20    Certification from Eligible List.

a.  Appointments and promotions in the CSHCP Personnel Service System shall be made from certified eligible lists resulting from examinations, except as otherwise provided by these regulations. The process of providing a list of eligible candidates to selecting official is known as "Certification of Eligible." A Certification of Eligible shall be drawn from among the highest scoring candidates in precise numerical order, highest score first. Not more than five names shall be certified for one vacancy. If a selecting official intends to fill more than one position from the same examination at the same time, the number of names certified shall be increased by one eligible for each additional position to be filled.

b.  Requests for eligible shall be made on forms prescribed by the CSHCP Executive Director, and shall clearly identify the position to be filled.

Part 3.A.21    Procedure when Eligible are Required. Whenever eligible are required, the CSHCP Executive Director shall:

a.  Prepare the Examination Announcement.
b.  Administer the Examination.
c.  Establish an eligible list, as determined by the examination.

Part 3.A.22    Removal of Names from Eligible Lists, The CSHCP Executive Director may remove the name of any person who has been disqualified under Part 3.A.10 of this Part. The name of any person may also be removed if:

a.  The eligible candidate fails to respond within 10 calendar days from the date of dispatch of an inquiry as to availability for employment, provided that the name may be restored for reasons deemed sufficient by the CSHCP Executive Director.

b.  The person is appointed from that list to a permanent position in the CSHCP Personnel Service System.

c.  The eligible voluntarily withdraws.

d.  There is evidence of physical or mental unfitness to perform the duties of the position, as indicated by appropriate medical examination.

e.  The eligible fails to report for duty within the time prescribed by the selecting official.

f.   The eligible is found to be no longer qualified to perform the duties required of the class of position.

Part 3.A.23    Selective Certification. When the CSHCP Executive Director determines that a position has a selective placement factor which is not a general qualification requirement for that class of position, he may certify from the appropriate class eligible list those eligible who meet that specific requirement.

The individual may be removed from the list if he refuses a reasonable offer of employment.

Part 3.A.24    Options for use of Eligible Lists. Whenever a vacancy arises in the CSHCP Personnel Service System, the official responsible for initiating the process to fill that position has these options:

a.   When the position to be filled does not have promotional potential, the selecting official may request certification from the appropriate re-employment list or open eligible list or choose to redefine the position at a lower level. If the position is in an established career ladder, it must be filled at the entry level unless there are overriding reasons not to do so. The CSHCP Executive Director is authorized to grant exceptions to this procedure upon proper justification. The CSHCP Executive Director for reference shall maintain appropriate records for such approvals and associate materials.

b.   When the position has promotional potential, and the promotional examination is unsuccessful in producing a promotional eligible list, the recourse is to the eligible lists produced by the open examination process.

Part 3.A.25    Duration of Eligible Lists. The life of an eligible list, other than the reemployment lists, shall be for a period of one year, unless extended by the CSHCP Executive Director. An eligible list may be extended up to one year beyond its original expiration date. No person shall be retained on an eligible list beyond the period of extension of the original list. When an eligible list is reduced to an insufficient number of eligible, a new list may be established through an appropriate examination.

Remaining eligible shall be combined with those on the new list for the remainder of the term of the original list. An open examination eligible list and a promotional examination eligible list shall not be combined. A competitive examination eligible list and a noncompetitive examination eligible list shall be combined only as noncompetitive eligible list. If an eligible candidate successfully participates in a subsequent competitive examination and the resulting eligible list is combined with that of a previous competitive examination eligible list bearing this name, that eligible candidate shall elect to have his name retained on a combined list, either at the position and for the remainder of the term of the original list or of the subsequent list, but not at both positions.

Part 3.A.26    Order of use of Eligible Lists. The following shall be the order in the use of eligible lists:

a.  Re-Employment list (listing those employees demoted or terminated by reduction-in-force procedures).

b.  Promotional List (listing permanent employees of the Personnel Service System determined to be eligible for promotion).

c.  Examinations open to the public, including permanent employees of the Personnel Service System).

d.  All eligible for a position must be exhausted from the re-employment list before a promotional list may be used.

e.  All eligible for a position must be exhausted from the re-employment list and the promotional list before an open list may be used.

Part 3.A.27    Re-Employment List. Any person, who has held a permanent position in the CSHCP Personnel Service System who has been demoted or terminated through reduction-in-force, shall have his/her name placed on a Re-Employment List. The name of such person shall be placed on the Reemployment list for the same or related class of position as he/she last held under a permanent appointment. Names shall be arranged on the reemployment list in the chronological order of their separation from their respective competitive levels. Names shall be removed from the reemployment list at the expiration of three years from the date of separation or demotion, or sooner if the individual is re-employed in a position at the same or higher pay level as that he/she formerly held in the CSHCP Personnel Service System.

Part 3.A.28    Filling Vacancies.  Whenever there is a position to be filled in the CSHCP Personnel Service System, the management official shall request a list of eligible from the Executive Director who shall thereupon respond to such request by certifying from the appropriate eligible list in accordance with Part 3.A.18. Five (5) highest available eligible, or a lesser number as are available. The management official shall make the appointment from the list of eligible submitted to him unless he finds none on the list acceptable to him/her, in which case he/she will request a new list from the CSHCP Executive Director who shall thereupon request him/her to provide in writing his/her reasons for rejecting the eligible list previously submitted to him. A new list of no more than five eligible selected in like manner shall be submitted to the requesting management official if in the opinion of the Executive Director that his/her reasons are adequate. The management official shall make an appointment from that list. If, however, the CSHCP Executive Director finds management official's reasons inadequate, he/she shall resubmit the original list and an appointment shall be made there from. No person shall report to work nor receive salary unless he/she has been previously certified on an appropriate eligible list by the CSHCP Executive Director, or his/her authorized representatives, and selected by the management official and approved by the Board of Trustees, CSHCP.
 

Part 4.B.0  POSITION AND APPOINTMENTS

Part 4.B.1.     Types of Position and Appointments: All positions in the CSHCP Personnel Service System shall be identified in the records of the CSHCP Executive Director as either permanent or limited-term, or such other status as is authorized by law.

Part 4.B.2      Permanent Position. A permanent position is a position, which is established based upon the continuing need of the Board of Trustees, which is authorized to continue longer than one year.

Part 4.B.3       Limited-Term Position. A limited-term position is a position, which is authorized based on a need of not to exceed one year.

Part 4.B.4       Part Time Position. A position, which is established for less than full time but with regularly, scheduled hours of duty (e.g., the incumbent works a full day each Monday, Wednesday and Friday or half day each workday).

Part 4.B.5      Types of Appointments. Appointment in the Personnel Service System are placed in the classes defined in the following:

a.   Probationary Appointment. An appointment in which the appointee is selected from an eligible list resulting from an open examination to fill a permanent position.

The appointee shall serve an initial probationary period of one year from the beginning of his/her probationary appointment and shall demonstrate his/her capacity for satisfactory performance before being converted to a permanent appointment. Separations during the initial probationary period are not processed under adverse action procedures.

b.   Permanent Appointment. An employee who has been appointed to a permanent position and who has satisfactorily completed his/her initial one year probationary period shall hold a permanent appointment in the CSHCP Personnel Service System and is entitled to the full benefits of these regulations. Permanent appointment may be made to less than full-time positions with a regularly scheduled hour of duty.

c.   Limited-Term Appointment. A limited-term appointment is one in which the appointee is appointed to a limited term position for not more than one year. The appointee shall be entitled only to Workmen's compensation, Social Security, annual leave, overtime, and holiday pay unless the last day of appointment falls on a holiday. An employee serving a limited-term appointment may serve in any of the following types of positions: Full-time position, part-time position, and intermittent position. Any person given a limited term appointment must meet the minimum qualifications for the class of position to which appointed.

c.   Provisional Appointment. An appointment limited to not more than 90 days, used to fill a permanent position pending the establishment of an eligible list. The CSHCP Executive Director may authorize extension of provisional appointment when the examination fails to make available any qualified candidate; provided that no provisional appointment may exceed cumulatively 180 days.

d.   Any person given a provisional appointment must meet the minimum qualifications for the class of position to which appointed.

e.   Emergency Appointment. An emergency appointment may be authorized under the following conditions:

1.   When a sufficient emergency exists as determined by the Board;

2.   To prevent the stoppage of essential public business;

3.   When it is not practicable to ascertain whether there is an eligible list;

4.   This appointing authority shall not continue for more than working days.

5.   Such an emergency appointment shall be limited to 10 work days but may be extended by the CSHCP Executive Director or his/her designee if the Board of Trustees so desire when the cause is determined to be good and sufficient, and the extension does not exceed 20 additional work days.

6.   All persons receiving emergency appointments shall be required to meet the minimum qualification requirements of the class of positions to which appointed.

f.   Employment Contract Appointment. An employee hired because of the unavailability of a qualified FSM citizen shall be employed under employment contract appointment.

Part 4.B.6.      Pre-Employment Physical Examination. All persons selected for probationary or permanent appointments in the CSHCP Personnel Service System must be physically capable of performing the duties of the position. They must be free from communicable diseases and any present or potential medical condition, which would be detrimental to successful performance of duty or the health of other employees, or reflect discredit upon the CSHCP Personnel Service System. Examination shall be required as follows:

a.   For sedentary work (usually office occupation). The medical examination shall consist of medical history, blood pressure check, chest x-ray, and an evaluation of general physical condition.

b.   For arduous or hazardous work (includes positions requiring regular operation of motor vehicles or mechanical work equipment).

The medical examination shall consist of medical history, cardiovascular evaluation including blood pressure check, chest xray, general physical condition, and compliance with special physical requirements for the position to be established by the Executive Director in conjunction with the Board of Trustees and the Department of Health Services.

Part 4.B.7      Administration of Physical and Pre-Medical Examinations.  Medical examinations shall be administered by medical personnel authorized by the Board of Trustees to conduct such examinations for employment purposes, and shall be recorded on forms prescribed by the  CSHCP Executive Director. Chuukese citizen applicants and employees of the CSHCP Personnel Service System are provided such examinations, free of charge, at the medical facilities of the Chuuk State Hospital.

Part 4.B.8      Prohibited Actions. Employment of any person without an approved personnel action is prohibited. Supervisors or management officials shall not permit an employee to report to work without an appropriate and formally approved personnel action. The CSHCP Personnel Service System employee responsible for permitting a person to report to work without an approved personnel action will be personally liable for all expenditures including salary for periods worked for such unauthorized employment.
 

Part 5.C.0   TERMINATIONS OTHER THAN FOR PERSONNEL CAUSE

Part 5.C.1      General. This part applies to Resignation, Termination for Medical Reasons, Voluntary Demotion, and Reduction-in-force.

Part 5.C.2      Separations Other than Reduction-in-Force.

a.   Resignations. Resignations shall be in writing and shall be submitted at least 15 calendar days in advance of the effective date, except in bona fide emergencies so certified by the CSHCP Executive Director. The CSHCP Executive Director may designate management and highly skilled technical classes for which this period may be extended to 30 calendar days. The CSHCP Executive Director or supervisor shall submit a copy of the written resignation, together with the necessary terminating documents, to the Board of Trustees for consummation of the action.

Withdrawal of a resignation prior to the effective date may be permitted provided:

     1.   The employee makes his/ her wishes known in writing, and,

     2.   The manager concerned agrees to the proposed withdrawal.

b.   Participation. An employee shall participate in the National Social Security System upon determination of eligibility.

c.   Termination for Medical Reasons. When an employee is found to have an infections of contagious disease which endangers the health of others, or become mentally incapacitated, or is otherwise permanently physically disabled for the satisfactory performance of duties of the position to which assigned, the Chairman of the Board of Trustees through his Executive Director may terminate his employment, provided:

1.   No suitable reassignment can be made within the Chuuk State Health Care Plan System.

2.   Medical examination procedures have been complied with. An employee whose services are terminated under the provisions of this Part may be eligible for disability retirement under the National Social Security Law. The responsibility for applying disability retirement rests with the employee although it is the responsibility of the CSHCP Executive Director to assure that the employee is aware of such opportunity.

d.   Demotion, Voluntary. An employee may volunteer for demotion without prejudice to a lower class of position. The approval of such a request by the appropriate management officials must be contingent upon these factors:

1.   A vacant permanent position in the lower class must be available within the jurisdiction of the management official concerned.

2.   No additional cost shall accrue to the CSHCP Board of Trustees as a result of or incidental to the demotion action.

3.   The salary of the demoted employee in the lower level position shall be set at the highest step providing the rate does not exceed his/her current pay rate. Where his/her existing rate exceeds the rate of the maximum rate of the lower pay level, the employee should be compensated at his/her present rate.

Part 5.C.3      Reduction-in-Force. An employee may be demoted or terminated through Reduction-in-Force Action because of lack of work or funds, or other management requirements or for other reasons outside of the employee's control which reflect no discredit on the services of such employee.

a.   Reduction-in-Force Planning. When it becomes evident that reduction in staff must be made, the CSHCP Executive Director or Staff Officer concerned shall institute administrative procedures to assure that all legitimate possibilities for reassignment within that part of the CSHCP Personnel Service System for which is responsible have been exhausted. If formal reduction-in-force is the only remaining alternative, he/she shall provide to the CSHCP Executive Director, at least 60 calendar days in advance, notice of need to take reduction-in-force action. Upon receipt of a request to initiate reduction-in-force action, the Executive Director determines what appropriate permanent positions, if any, in the System are vacant, for which recruitment is under way, or which are filled by employees with other-than permanent appointments into which, the incumbent(s) of the position(s) to be abolished could be moved through regular personnel actions, and proposes this solution for each position to be abolished. If formal reduction-in-force action is the only remaining alternative, the Executive director proceeds with the reduction-in-force process.

b.   Competitive Processes. Detailed competitive processes shall be established to assure equitable competition, recognition of merit, and the public interest. For administrative purposes, competition shall be limited to the established competitive areas and levels:

1.   Competitive Areas. The competitive areas for the Chuuk State consist of Weno and its commuting area, and all other atolls and islands in the State are each a district competitive area

2.   Competitive Levels. A competitive level is comprised of all positions within a class.

3.   Competitive within a Competitive Level. When reduction-in-force is required within a competitive level, the incumbent with the lowest retention standing in that competitive level shall be RIFed

4.   Retention Register. The Executive Director shall establish a retention register for those competitive levels where reduction-in-force is to be applied.

5.   Retention Standing. Retention Standing is derived by using the following:

a.   each outstanding yearly performance rating given within the last twelve months preceding the written notice to the CSHCP Executive Director to institute reduction-in-force action will be assigned two points;

b.   each incentive award within the twelve months preceding the written notice from the Board of Trustees to the Executive Director to institute reduction-in-force action will be assigned two points;

c.   each merit increase awarded within the twelve months preceding the written notice from the Board of Trustees to the Executive Director to institute reduction-in-force action will be assigned two points;

d.   each outstanding yearly performance rating given during previous years will be assigned one point;

e.   each merit increase awarded during previous years will be assigned one point;

f.   each letter of commendation from the employee's supervisor will be assigned one point;

g.   the employee with the highest number of retention points is placed first on the list.

h.   When employees are found to have the same total allotted points or no allotted points the one with the greater seniority (creditable service) shall be placed higher on that retention register.

            6.   Seniority
 
(a)   Seniority based on total creditable services shall be considered when employees are otherwise determined to have equal retention standing. When employees affected are found to have equal retention standing, the employee with less seniority (Creditable service) shall be placed lower on that retention register.

(b)   Whenever, after retention points and seniority have been determined, two or more employees are found to be tied for the same rank position on the retention register, their final ranking position on the list shall be determined alphabetically by first name as officially listed on the CSHCP personnel record, starting with the first letter of the alphabet in the highest position and, in descending order to the list, continuing to the appropriate letter of the alphabet.

(c)   Creditable service for retention register purpose shall be as defined in Part 5.C.g. below.

(d)   Limitations on Competition.

(1)   Obligated positions are positions from which the incumbent is temporarily absent because of:

     a.   Approved education/training leave
     b.   Temporary Promotion
     c.   Detail to another activity

(2)   Employee who are incumbents of obligated positions shall not be placed in reduction-in-force competition until they have been returned to duty in the obligated position; nor shall obligated positions be abolished until the employee returns to duty in that positions and detail shall be terminated before RIF action, to permit thorough consideration of obligated positions and their incumbents as a part of that RIF action.

(e)   Bumping Rights. If an employee is to be laid off does not have sufficient retention standing in the competitive level to be retained in his/her present class of positions, he/she may request the Board of Trustees to review the status of employees serving in the same competitive area in lower classes related to the competitive level. If an other-than permanent employee is found serving in such a lower class, the position shall be offered to the permanent employee if he/she meets the qualification requirements therefore; if the offer is accepted, the permanent employee shall be demoted to the lower class, retaining his/her salary level unless it exceeds the maximum step of the lower class pay level.

(f)   Order of Termination. The order of termination in reduction-in-force shall be as follows:

1.   Persons occupying positions under emergency appointment, limited-term appointment, provisional appointment or probationary appointment in a competitive level shall be terminated in that progressive order, before RIF's competition is instituted.

2.   The employee with the lowest retention standing shall be the first released under reduction-in-force.

(g)    Creditable Services for Reduction-in-Force. Creditable service for reduction-in-force shall be service with the Chuuk State Government in those organization parts and in those positions which are currently subject to the CSHCP Personnel Service System under this Part.

(h)    Reduction-in-Force Notice. When the determination to abolish a position is made and all efforts to place the affected employee in another position with his/her competitive area have failed, the CSHCP Executive Director shall inform the employee, in writing, that he/she is subject to reduction and that his/her services shall be terminated on the date specified. The CSHCP Executive Director's letter shall be delivered at least 30 calendar day prior to the effective date of termination and shall inform the employee that his/her name is being placed on the employment list. The employee shall sign and date a copy of the letter to acknowledge receipt and return it to the office of the CSHCP Executive Director.

(i)    Re-Employment List. Permanent employees terminated because of reduction-in-force shall be placed on the re-employment list for the competitive level for a period of 3 years or until re-employed from that list whichever occurs earlier. Upon the effective date of such re-employment, the employee is in permanent status and is not required to serve an additional probationary period toward gaining permanent status in the CSHCP Personnel Service System.
 

Part 6.D.0   GRIEVANCE

Part 6.D.1.     Employee Coverage. The Personnel Service System covers all CSHCP Personnel Service System employees.

Part 6.D.2.     Grievance Coverage. The Grievance System will cover any employment matter of concern or dissatisfaction to an eligible employee unless exempted in sub-Part 6.D.3 below.

Part 6.D.3.     Matters Not Covered. The Grievance System will not cover the following:

           a.   A fitness-for-duty examination.

           b.   The content of published Board policy.
 
           c.   Non selection for appointment, promotion or transfer from a group of properly ranked and certified candidates.
 
           d.   Non adoption of a suggestion or disapproval of merit increase, performance award, or other kind of honorary discretionary award.
 
           e.   Any action taken under Part 7.E.0. Disciplinary Actions of these Regulations.

Part 6.D.4.     Right to Seek Advice. Sometimes, an employee has a valid reason not taking a grievance to his immediate supervisor. The Board's Grievance System, therefore, provides opportunity for an employee to informally communicate with and seek advice from:

a.   The Executive Director, or
 
b.   A supervisory or management official of higher rank than the employee's immediate supervisor.

Part 6.D.5.     Informal Grievance Procedure. Before an employee can utilize the formal grievance procedure, he/she must show evidence of having pursued his grievance informally. He/she must complete the informal procedures before he can request a formal panel hearing and before that panel can accept from him for processing under the formal procedure a grievance concerning the same matter. An employee may present to his supervisor at any time, a grievance concerning a continuing practice or condition. He/she must present a grievance concerning a particular act or occurrence within ten (10) workdays of the date of that act or occurrence. An employee may present a grievance either orally or in writing to his/her supervisor. Supervisors have an obligation to consider an employee's grievance and to act promptly and fairly on the issue or issues presented in the grievance. Informal settlement of a grievance requires that the supervisor exhibit competence, mature judgement, and a true willingness to reach a satisfactory settlement. If the employee has a valid reason for not presenting his/her grievance to his/her immediate supervisor, he/she must present it to one of the persons designated in Part 6.D.4 above.
 
Part 6.D.6.      Formal Grievance Procedure.

A.   If the employee's grievance is not settled to his/her satisfaction by the immediate supervisor, he/she should forward his/her grievance to the Executive Director and request review by the Board of Trustees. A three-member panel shall be selected as follows:

1.   One member selected by the employee; one member selected by the Board or Staff Officer responsible for the employee and the third member, who serves as the panel chairman, selected by the two; all of the panel members must be CSHCP employees. This panel will review an employee's grievance and make recommendation to the Chairman of the Board of Trustees, who shall make the final disposition of the grievance.

B.   Entitlement to formal review is based on compliance with the following:

1.   The employee must explain his/her attempts to settle the grievance informally.

2.   He must have submitted his/her grievance to the informal procedure within the time limit prescribed in Part 6.D.5.a. above.

3.   The grievance must be in writing.

4.   The grievance must contain sufficient detail to identify and clarify the basis for the grievance.

5.   The employee must specify the personal relief requested by him/her.

6.   The grievance hearing shall be an administrative hearing of an informal nature.

7.   Board records requested by the panel must be provided the panel by the record custodian.

8.   The panel chairman shall prepare a summary report of the hearing.

9.   The panel shall provide the chairman a written recommendation; with expository, explanatory justification to support the recommendation(s).

Part 6.D.7.     Grievance Resolution. Within five (5) workdays after the receipt of the panel's recommendation(s), the chairman must provide in writing his/her resolution of the grievance. The grieving employee and management official must comply with the chairman's disposition of the grievance.
 

Part 7.E.0   DISCIPLINARY ACTION

Part 7.E.1.      Action Covered. This Part applied to suspensions, demotion for disciplinary reasons, removal, and abandonment. This Part also applies to non-disciplinary suspension for investigation.

Part 7.E.2.      Definitions. The terms suspension, demotion, removal, abandonment as used in this Part mean:

a.    Suspension. Management action for placing an employee in a non-duty and non-pay status for a specific length of time.

b.    Demotion. Management action of placing an employee in a lower pay with a reduction in his compensation.

c.    Removal. Management action of separating an employee from the CSHCP Personnel Service System, or of terminating the services of an employee.

d.    Abandonment. Management action of separating an employee for ceasing to work without explanation for more than fifteen consecutive workdays.

Part 7.E.3.      Authority to Take Disciplinary Action. The authority to effect disciplinary actions has been granted to management officials by Section 2.14 of Public Law No. 2-94-06. For this purpose, management officials shall include the Chairman, Vice Chairman, the Executive Director and Staff Officers of the CSHCP. The authority to effect disciplinary actions may not be further delegated or redelegated. For purpose of this Part only, the term "management official" will reflect to an individual who is specifically granted authority through this Part to effect disciplinary actions in accordance with this Part.

Part 7.E4.       Employee Coverage. This Part applies to permanent employees in the CSHCP Personnel System.

Part 7.E.5.      Merit of Disciplinary Action. A disciplinary action against an employee may not be taken under this Part except for such cause as will promote the efficiency of the service.

Part 7.E.6.     Suspension Not to Exceed 3 works days. A management official may suspend an employee for a period not to exceed 3 workdays, whether consecutive or not, for disciplinary purpose. For suspensions of 3 days or less the employee must be given at least 24 hours in advance a dated and written notice of the suspension. The notice shall contain the specific reason(s) upon which the action is based. The suspension action shall be placed in the employee's Official Personnel Folder (OPF). An employee who feels that the suspension is improper or not justified may grieve the decision of management official.

Part 7.E.7.     Suspension for More than Three (3) Workdays.

a.   A management official may suspend an employee for such length of time as appropriate but not exceed thirty days at any one time or sixty days in a twelve-month period. For a single suspension of more than thirty work days, whether consecutive or not, the approval of the CSHCP Executive Director shall be necessary.

b.   For the purpose of investigating a possible charge against the employee, upon representation by a management official, the CSHCP Executive Director may concur in a nondisciplinary suspension for investigation of that employee for up to 30 days, and extension beyond 30 days, to determine if there is basis for a disciplinary action. Upon completion if investigation and no charge has been substantiated, the employee shall be reinstated in his position with full and retroactive pay to the date of suspension.

Part 7.E.8       Demotions. A management official may for disciplinary reasons reduce an employee's class and pay level to a lower class and pay level provided that all disciplinary action procedures are followed. An employee who has been demoted for disciplinary reasons normally shall be placed at the step in the lower pay level, which corresponds to his step in his former, pay level.

Part 7.E.9.       Removals. A management official may remove an employee for just  cause provided all disciplinary action procedures are followed.

Part 7.E.10.    Disciplinary Action, Prerequisites. Management officials must observe the following requirements when taking suspension, demotion or removal action under this Part:

a.    The management official must give the employee at least five (5) work days advance written notice of his/her action;

b.    The letter must state any and all factors considered in the situation to fully support the action taken.

c.    The management official must make available to the employee all the materials relied on to support the reasons for the disciplinary action.

d.    The action taken shall be for good and justifiable cause; and shall be appropriate to the infraction, if there is one. In the written notice of disciplinary action the employee must be informed of his/her right to file an appeal as provided in Part 7.E.10.f. following. Any employee covered under Part 7.E.10.e. may file his/her appeal personally or by registered mail with the Executive Director no later than fifteen (15) days after delivery of the written notice of disciplinary action. The appeal must be in writing and must give the employee's reasons for contesting the disciplinary action together with any offer of proof and pertinent documents the employee desires to submit. It should also include the employee's request for a hearing, if he/she so desires. Employees located in the outer islands must also meet the fifteen (15) calendar day period for filing an appeal.
 

Part 8.F.0   APPEALS FROM DISCIPLINARY ACTIONS

Part 8.F.1.      Purpose. This Part establishes the CSHCP Service Appeal System. Any  employee covered by Part 8.E.4. of these regulations may appeal in  writing to the Board for review of a decision to take disciplinary action of  suspension, demotion, or removal against him.

Part 8.F.2.      Right to a Hearing: Upon the filing of an appeal by the employee, both the responsible management official and the employee are entitled to a full and fair hearing before the Board of Trustees which reviews all evidence and takes all testimony offered both in support of an in refutation of the disciplinary action.

Only one hearing is held unless the Board determines the unusual circumstances require more.

Part 8.F.3.      Employee Representation. An employee may be represented and advised  at the hearing by a representative of his/her choice. This representative  may be another employee or from outside the Board. The employee may  not change his representative once the committee has begun hearing  his/her appeal.

Part 8.F.4.      Board Representation. The Board's representative at such hearing shall be selected by the Executive Director in accordance to Part 8.F.8 of this  regulation.

Part 8.F.5.      Official Time to Prepare for a Hearing.

a.    An employee is entitled to a reasonable amount of official time to prepare for a hearing if he/she is otherwise in an active duty status. Both the employee who appeals and the appellant's representative shall make arrangements with their supervisors for the use of their official time.

b.    The time to be allowed must necessarily depend on the facts and circumstances of each case. If preparation requires more official time than was originally considered reasonable, the employee or his/her representative may request the Executive Director for more time. The Executive Director will determine if the request is reasonable and should be granted.

Part 8.F.6.      Freedom from Reprisal or Interference. All employees covered by Part  8.F.4 of these Regulations are provided by Part 8.F.1 of these regulations the right to appeal. The purpose of the appeal system is to give the employee means for review of his/her disagreement. However, unless the employee feels free to use the system, it will not serve its intended purpose. Therefore, an employee and his representative must be free to  use the appeal system without restraint, interference, coercion, discrimination or reprisal. An employee, whether acting in an official capacity for the Board or on any basis, must not interfere with or attempt to interfere with another employee's exercise of his/her right under this part. To be fully effective, the spirit as well as these regulations must be enforced. It is not enough for an official to abstain from over threats or interference. He/she must also refrain from making any statement or taking any action that has the appearance of a threat, interference, or intimidation.

Part 8.F.7.      Disciplinary Action File.

a.    A disciplinary action file shall be established to hold separate  folder for each employee subject to a disciplinary action.
 
b.    The disciplinary action folder must contain the following:

(1)     A copy of the delegation of authority to the management official taking the action, if not granted by these Regulations.

(2)     A copy of the written notice of disciplinary action.

(3)     The materials relied on by the management official to support the reasons listed in that notice.

(4)     The employee's written notice of appeal.

(5)     A copy of the Request for Personnel Action implementing the disciplinary action appealed.

(6)     A transcript, if there is one, of the appeal hearing.

(7)     A copy of the Board findings.

(8)     A copy of the Board of Trustees decision on the appeal.

(9)     A copy of the resulting requests Personnel Action if any.

Part 8.F.8.      Hearing Procedure. When an appeal is received, the Executive Director shall ensure the following are complied with:

a.   The Committee shall be composed of one member selected by the employee, one member selected by the Executive Director, a third member, who shall serve as the Committee Chairman, selected jointly by the two. If the two members do not agree within five (5) calendar days on the third member, the third member shall be selected by lot from among the remaining members of the panel.

b.   With the Committee members, a hearing date established, and hearing location designated and arranged for.

c.   The employee and the management representative shall provide the Executive Director with a list of their representative(s) and all witnesses to be called. The Executive Director shall notify all participants of the date, time, and location of the hearing.

d.   The pertinent Disciplinary Action File and all other documentation prepared for the Committee members.

e.   A representative of the Executive Director designated to sit at the hearing(s) and provide the Committee administrative support.

f.    At the hearing, the Committee shall be guided by but need not conform to technical rules of evidence and the proceedings shall be recorded by machine or stenographically.

g.   If the Committee finds a regulatory or procedural defect which would warrant reversal of the action taken by management official, the Committee shall prepare a report of its findings on the issue and order that the action be dismissed without prejudice. The Committee shall submit a report of its findings and its recommendations on handling the matter.

h.   If the Committee finds the reason(s) for the action are not substantiated in any material respect, the Committee shall recommend that the disciplinary action be reversed; but if the committee finds that the reason(s) are substantiated or only partially substantiated, the Committee shall recommend that management's action be sustained provided that the Committee may modify the action of the management official if it finds that the circumstances of the case so require and may, thereupon, recommend such disposition of the case as it may deem just and proper.

i.    Throughout the hearing process, highest priority shall be assigned to the expeditious execution and completion of each step, toward submitting the Board of Trustees recommendation(s) within seven calendar days after the close of a hearing to the Board.

Part 8.F.9.      Appeal Disposition. Within seven (7) workdays after receipt of the Committee's report and recommendation, the official to whom the report was submitted must give the employee his written decision. The decision must state which charge(s) by the management official is (are) substantiated; and the penalty, if any, to be exacted. Copies of the decision shall be served on all parties and filed in pertinent files. The appealing employee and the management official shall comply with the decision, unless it is superseded by court order or decision.

Part 8.F.10.    Status of Employee during he Appeal Period. If an employee appeals a management official's disciplinary action, that action shall remain in effect unless and until reversed or modified by the Board in accordance with Part 8.17.8. (a) and Part 8.17.9.
 

Part 9.A.0   POLITICAL ACTIVITIES

Part 9.A.1.      Political Activities:- The political activities of persons in the CSHCP Personnel Service System shall be subject to the restrictions of this Part.

Part 9.A.2.      Rights of Employees. All employees in the CSHCP Personnel Service System shall have the following rights:

a.   To vote for the candidate of their choice and to express their opinions on political matters.

b.   To be an active member of the political party or organization of their choosing.

c.   To make voluntary contributions to a political party for its general expenditures.

d.   To become a candidate for political office while working in the CSHCP Personnel System, providing their campaigning does not take place on Board time.

Part 9.A.3.      Prohibitions. Employees of the CSHCP Personnel Service System shall not:

a.   Use their office or official influence to interfere with an election or to effect the results of an election.

b.   Use their official authority to coerce any person or political party in reference to any political related activity.

c.   Be obligated to contribute to any political fund or render services to any political activity.

d.   Solicit or receive political contributions from anyone while on CSHCP time or on property.

e.   Campaign for any candidates for public office during official working hours.

f.    Continue as CSHCP Personnel Service System employees while holding an elective office in any branch of the Chuuk State Health Care Plan.

g.   Promote or oppose legislation relating to programs of the Chuuk State Health Care Plan without the official sanction of the proper plan authority. It should be clearly understood, however, that nothing in this policy is to be considered as restricting or interfering with the obligation of employees to respond freely and candidly to any congressional inquiries asked of them in regard to a appropriations or related matters.

Part 9.A.4.   Public Office.

a.   Employees elected to public office shall resign their positions in the CSHCP Personnel System.

b.   An employee elected or appointed to a Municipal Council where the work to be performed is done intermittently, shall have the option of annual leave or leave without pay while performing his/her assigned Municipal duties which may require performance during the employee's regular work schedule.

Part 9.A.5.      Penalty. Any employee found guilty of a prohibited activity shall be subject to disciplinary action by management.
 

Part 10.B.0

Part 10.B.1.  Ethical and Other Conduct and Responsibilities of Employees.

a.   Gifts, entertainment, and favors. An employee shall not solicit or accept, directly or indirectly, a gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:
 
(1)  Has or is seeking to obtain, contractual or other business or financial relations with this Plan;

(2)  Conducts operations or activities that are regulated by this Plan;

(3)  Has interests that may be substantially affected by the performance or non-performance of his official duty, Except as specifically authorized by law, employees are not authorized to accept on behalf of the Chuuk State Health Care Plan voluntary donations or cash contributions from private sources for travel expenses, or the furnishing of services in kind, such as hotel accommodations, meals, and travel accommodations.

b.    The prohibitions of Part 5.B.1 (a) do not apply in the context of obvious family or personal relationships such as those between the parents, children, or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors.

c.    An employee may accept loans from banks or other financial institutions on customary terms to finance proper and usual activities, such as home mortgage loans. An employee may accept unsolicited advertising or promotional materials such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value. An employee shall avoid any action, whether or not specifically prohibited by this Part, which might result in, or create the appearance of:

(1)     Using public office for private gain.

(2)     Giving preferential treatment to any person.

(3)     Impending Board efficiency or economy.

(4)     Losing complete independence or impartiality.

(5)     Making Board decision outside official channels.

(6)    Effecting adversely the confidence of the Public and the
         integrity of the Board.

d.    An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself. However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

e.    An employee shall not accept a gift, present, decoration, or other thing from foreign government unless authorized by the Congress of the Federated States of Micronesia or by its Constitution.

f.     This section does not prohibit receipt of bona fide reimbursement, unless prohibited by law, for actual expenses for travel and such other necessary subsistence as is compatible with this part of which no government payment or reimbursement is made. However, an employee may not be reimbursed, and payment may not be made on his/her behalf, for excessive personal living expenses, gifts, or entertainment nor does it allow an employee to be reimbursed by a person for travel on official business under Board orders when reimbursement is prescribed by law.

Part 10.B.2.    Outside Work and Interest.

a.    Policy. Outside work is permitted to the extent that it does not prevent an employee from devoting his/her primary interests, talents, and energies to the accomplishment of his/her work for the Chuuk State Health Care Plan or tend to create a conflict between the private interests of an employee and his/her official responsibilities. The employee's outside employment shall not reflect discredit on the Plan.

                       b.    Definitions.

(1)   The term " outside work" means all gainful employment other than the performance of official duties. It includes, but is not limited to self-employment, working for another employer, the management or operation of a private business for profit (including personally owned businesses, partnerships, corporations, and other business entities).

(2)   The term " active proprietary management" as used in relation to outside work refers to a business affiliation in which substantial ownership is coupled with responsibility for day to day management effort in making decisions, supervising operations, dealing with the public and otherwise discharging essential tasks in the direction of the business.

(3)   A situation which may involve a "conflict of interest" is one in which a CSHCP Personnel System employee's private interest, usually of an economic nature, conflicts or raises a reasonable question of conflict with his/her public duties and responsibilities. The potential conflict is of concern whether it is real or only apparent.

  c.  Restrictions. An employee shall not engage in outside activity not compatible with the full and proper discharge of the duties and responsibilities of his/her Board employment. Any activity involving an incompatibility of interest is prohibited. Any work assignment or employment affiliation, which might encourage on the part of members of the general public a reasonable presumption of a conflict of interest, falls in this category. Incompatible activities include but are not limited to:

(1)   Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create appearance of, conflicts of interest.

(2)   Outside employment which tends to impair his mental or physical capacity to perform his/her plan duties and responsibilities in an acceptable manner. An employee shall not receive any salary or anything of monetary compensation for his services to the Chuuk State Health Care Plan (CSHCP). Among other things, abuse of leave privileges or use of Board time, property or equipment to engage in outside work shall be treated as an interference with official performance. Active proprietary management of any except the smallest business is questionable because of the probability that such management responsibilities may interfere with the employee's obligations to his primary employer, the Chuuk State Health Care Plan (CSHCP) especially urged to seek the advice of their Executive Director before committing themselves to such activities.

d.    An employee shall not perform outside work.

(1)   Which is of such a nature that may be reasonably construed by the public to be the official act of the Plan.

(2)   Which involves the use of CSHCP time, facilities,  equipment, and supplies of whatever kind.

(3)   Which involves the use of official information not available to the public.

e.    While an employee is not prohibited from performing general nature as the work he/she performs for the plan, no employee may perform outside work:

(1)  If the work is such that he would be expected to do it as a part of his/her regular duties;

(2)  If the work involves active proprietary management of a business closely related to the official work of the employee.

(3)  If the work for a private employer is of the same type or closely akin to that involved in the program responsibilities of the office in which he/she is employed.

(4)  If the work would tend to influence the exercise of impartial judgement on any matter coming before the employee in the course of his/her official duties.

f.    This section does not preclude an employee from:

(1)   Participation in the activities of national or state political parties not prescribed by law.

(2)   Participation in the affairs of, or acceptance of an award for, meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service or civic organization.

Part 10.B.3.    Financial Interest.

a.    An employee shall not;

(1)  Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his/her Board duties and responsibilities.

(2)  Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his/her Board employment.

b.    This section does not preclude an employee from having financial interest or engage in financial transaction to the same extent, as a private citizen not employed by the Board, so long as it is not prohibited by law, or these regulations.

Part 10.B.4.   Board Property. General Responsibility. Employees shall be held accountable for Board property and moneys entrusted to their individual use in connection with their official duties. It is their responsibility to protect and conserve Board property and to use it economically and for official purposes only.

Part l0.B.5.     Misuse of CSHCP Vehicles. Employees shall not use or authorize the use of a CSHCP owned or leased motor vehicle for other than official purposes.
  
Part 10.B.6.   Information.  It is the policy of the Chuuk State Health Care Plan accord the public access to information about its activities and to make available to the public records of the CSHCP except in the cases where the disclosure of the record is prohibited by status or constitutes an invasion of privacy of any individual concerned, or the record is exempt from the disclosure requirements, and sound grounds exist which require application of an applicable exemption. An employee may not testify in any judicial or administrative proceedings concerning matters related to the business of the CSHCP without the permission of the Chairman of the Board of Trustees or the Executive Director designee.

Part 10.B.7.   Indebtedness. An employee should pay each just financial obligation in a proper and timely manner owed to the plan. The Chuuk State Health Care Plan activity will not act as a collection agency for private debts owed by its employees. An employee may be subject to disciplinary action if his/her failure to meet just financial obligations becomes chronic or causes embarrassment for or places undue burden on the CSHCP. A decision to take disciplinary action against an employee for these reasons must be taken with full consideration for any extenuating circumstances over which he has no control, such as sickness, accident, or death in the family.

Part 10.B.8.   Gambling, Betting and Lotteries. An employee shall not participate, while on government owned or leased property, except housing facilities, or while on duty for the CSHCP, in any gambling activity including the operation or a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. However, this Part does not preclude activities necessitated by the employee's law enforcement duties.

Part 10.B.9.   Habitual use of intoxicants. An employee who habitually uses intoxicants or narcotics or dangerous drugs is subject to removal.

Part 10.B.10.  Specific Types of Conduct.

a.    Misconduct. Any criminal, or dishonest, conduct on the part of a Board employee is cause for his removal from the service of the CSHCP.

b.    Negotiations for Employment. It is the policy of the Board of Trustees that employees shall not, without proper clearance, negotiate for future non-CSHCP Personnel Service System with persons or organizations having business with the CSHCP for when the employee is called upon officially to render advice. In the event an employee desires to negotiate for such employment, he/she shall inform his/her supervisor of his/her intentions. If the supervisor determines that the proposed negotiations will not adversely affect the Board's interests, he/she may authorize the employee to proceed.

c.    Selling or Soliciting. Employees and other persons are prohibited from selling or soliciting for personal gain within any building occupied or used by the Board without proper permission. This prohibition does not apply to:

(1)    Authorized and installed business activities; e.g., employee credit unions, eating facilities, etc.

(2)    Solicitation for fund raising and other similar activities approved by the Chairman of the Board of Trustees or his/her designee.

(3)    Token solicitations for floral remembrances retirement gifts, and similar purposes.

d.    Money Lending. The practice of money lending between or among employees is to be discouraged. Organized financial lending activities by employees, except when officially sponsored by the Board such as a Credit Union, is prohibited.

e.    Endorsements. Employees are prohibited from endorsing the proprietary products or processes of manufacturers or the services of commercial firms for advertising, publicity, or sales purposes. Use of materials, products, or services by the Board does not constitute official endorsement, and employees are cautioned not to make statements, written or oral, that can be exploited to the advantage of one firm over another.

Part 10.B.11.     Contracts with Employees. Because contracts with its own employees are considered to be against public policy, contracts with employees or business concerns or organizations which are substantially owned or controlled by employees are not permitted in the Chuuk State Health Care ' Plan except where it is clearly shown that the interest of the CSHCP is the major consideration to be served thereby.

Part 10.B.12.     Community and Professional Activities. Employees are encouraged to participate in the activities of professional societies and of civic organizations whose purpose and objectives are not inconsistent with those of the Board in which they are employed. Affiliation with such groups may be mutually beneficial to the employee and to the Chuuk State Health Care Plan; however, such participation must not affect adversely an employee's performance of his/her regularly assigned duties.

Part 10.B.13.     Records and Testimony. An employee personnel folder shall be always available to the employee; and to any CSHCP agency or members of the public having legitimate reasons for access thereto.
 

Part 11.A.0   POSITION CLASSIFICATION AND COMPENSATION

Part A             Classification.

Part 11.A.1.   General. All positions subject to the provisions of the CSHCP Personnel System shall be classified in accordance with an approved CSHCP Position Classification Plan.

Part 11.A.2.   Definitions.

a.  Position Classification means the process by which positions in an organization are identified according to their duties and responsibilities, like positions segregated into groups called classes, a specification developed of its duties and qualifications to perform them, and a systematic record made of the classes found and of the particular positions found to be of each class.

b.  Class means one position or a group of positions sufficiently similar in respect to their duties, responsibilities, and authority that the same title may be used with clarity to designate each position allocated to the class, the same standard qualifications may be required of all incumbents, the same test of fitness may be used to choose qualified employees, and the same schedule of compensation may be applied with equity under the same or substantially the same employment conditions; and sufficiently dissimilar from any position or any group of positions to warrant exclusion from those groups of positions. The class title assigned to a position in accordance with the Position Classification Plan, shall be the official title and will be used for personnel, budgetary and financial purposes. In addition, the official title should be used for all position organization charts.

c.  Position. Means a specific employment, occupied or vacant, consisting of duties and responsibilities assigned by competent authority for performance by an employee.

d.  Position Classification Plan means classes of positions arranged in a logical and systematic order to reflect all of the kinds and levels of work utilized in the CSHCP Personnel Service.

e.  Management official means a person having authority to make appointments or change in status of an employee in the CSHCP Personnel Service System or a delegate of such a person.
 
f.   Allocation means the placement of a position to its appropriate class on the basis of analysis of the duties and responsibilities of the position.

g.  Reallocation of a position is its change of one class to a different classes resulting from a gradual accretion or erosion of duties and responsibilities over an extended period of time not a result of planned management action.

h.  Class Specification means an official position classification plan document describing the general characteristics of the class, including the official class title, a description of the scope of duties and responsibilities of the class, examples of work or typical duties performed, and a statement of the qualifications required to perform the work of the class.

i.   Occupational Group means a major subdivision of a position classification plan, generally embracing several series of classes of positions in associated or related work specialties, professions, or related activities (e.g., Clerical and Office machine Operations; Administrative, Management, make up occupational groups).

j.   Series of classes means classes closely related as to occupational specialty but differing in level of difficulty and responsibility and qualifications required (e.g., the three classes of Engineering 1, Engineer II and Engineer III make up a series).

k.  Position Description means a formal, official written statement by management documenting the assignment or arrangement of the duties and responsibilities of a position.

Part 11.A.3.    Principles and Policy The basic principles under laying the position classification system are:
 
1.    Equal pay for substantially equal work.

2.    Variations in pay in proportion to substantial differences in difficulty, responsibility, and qualifications requirements of the work. The CSHCP's position classification program applies these principles in response to management's expressed needs and in support of mission. accomplishments.

3.    Changes in classification shall not be made for the sole purpose of raising or reducing pay, but only to reflect clear and significant changes in duties and responsibilities.  Supervisors and managers are expected to organize the work of their organizations and structure the positions so that vacancies can be filled at the lowest level at which qualified applicants can be obtained.
 
Part 11.A.4.    Responsibilities

a.    Chuuk State Health Care Plan Executive Director shall:

(1)   Classify positions in the CSHCP Personnel Service System.

(2)   Provide staff services in all aspects of position classification, including advice to management, assistance to supervisors and employees.

(3)   Assure that positions are adequately described and properly classified and that corrective action is taken as needed.

(4)   Provide to managers staff assistance in the execution of the Board's position management program.

(5)   Establish and maintain the official position description files for the organization.

b.    Management officials and Supervisor are responsible for the following:

(1)   The planning , organizing, developing and assigning of duties and responsibilities to positions, whether occupied or vacant;

(2)    When making assignments, giving consideration to the mission of the organization and structuring the position for accomplishment of requirements in the most effective and economical manner possible;

(3)   Assuring that the current duties and responsibilities assigned to positions are completely and accurately described in position descriptions in full and sufficient detail for position classification and all related purposes;

(4)   Assuring that assigned duties and responsibilities do not duplicate or overlap those of other positions;

(5)   Assuring the development, preparation, maintenance, and submission of factual and up-to-date functional statements and organizational position charts which clearly depict such information as assigned organizational and/or supervisory responsibility, organizational segment identification, employee names with official class titles and pay levels for the positions to which assigned, the title and pay levels of vacant positions which are funded and approved, and other similar essential details; and

(6)   Assisting their employees to whatever extend necessary to accomplish the foregoing and to obtain information from authoritative sources, as necessary to answer specific questions as may be raised by their employees.

Part 11.A.5.  Position Planning. The supervisor is responsible for position planning. He/she analyzes the work to be accomplished, decides on work or production methods, and determines the requirements for supervision, special technical support, quantitative and qualitative controls, and review and evaluation. A well defined position has clearly defined operation, tasks, duties, authorities, responsibilities, and supervisory relationships.

Part 11.A.6.  The effective date for an initial allocation or reallocation of a position shall be the first pay period following approval of such action by the Executive Director. Exceptions to this rule may be made by the Executive Director only for such reason as will expedite public business and not result in an inequitable situation.
 

Part 12.B.0.  COMPENSATION

Part 12.B.1.  General, All positions covered in this Part shall be compensated in accordance with established Compensation Plan.

Part 12.B.2.  Compensation Plan. The classes in the Position Classification Plan, when assigned to appropriate pay levels of the Base Salary Schedule as established by law, and the system of making those assignments shall constitute the basic Compensation Plan. The Executive Director with the approval of the Board shall assign or reassign all classes in the Position Classification Plan to appropriate pay levels in the Base Salary Schedule in accordance with the following:

a.    Kind and level of work.
b.    Degree of difficulty and responsibility.
c.    Kind, quality and level of qualification requirements.
d.    Relationship to other classes in its occupational group, and of its occupation group to other occupational groups.
e.    Long-range recruitment market experience.

Part 12.B.3.  Periodic Review of Compensation Plan. The Executive Director shall periodically conduct necessary and appropriate studies of rates of compensation and compensation practices in all geographic areas from which employees are normally recruited, and shall recommend and transmit amendments to compensation plan to the Board of Trustees for review and approval.

Part 12.B.4.   Establishing Salary upon Appointment.

a.    Salary shall be fixed at the first step of the appropriate pay level upon initial appointment. Should a higher rate be deemed necessary to recruit and is appropriate to the qualifications of any qualified applicant, the salary may be fixed by the Executive Director at any succeeding step but not beyond the fifth step which becomes the minimum for that class of position.

b.    When a person who was a permanent employee is re-employed after a break in service of one or more days into a position in a class and pay level lower than the highest class and pay level he had previously held, his/her salary may be set based on the highest previous rate held provided the rate does not exceed the limitation established in 5.B.4.(a) above. Payment of salary above step 1 of a level must be approved by the Executive Director.

Part 12.B.5   Promotions. An employee who is promoted from a position in one class to an existing position in a higher class shall be compensated at the lowest step in the new pay level which equals at least the amount of a two (2) step increase in the old pay level. The rate of compensation cannot exceed the rate of the maximum step in the higher pay level. The effective date of the promotion shall be the new service base date for within-grade increase purpose for the promoted employee. Retroactive promotions shall not be made except when directed by a decision of the court pursuant to an employee's appeal.

Part 12.B.6.  "Acting Assignments". An "acting" assignment is the designation, in writing, that an employee serves in place of a supervisor within CSHCP the Personnel Service System. An "acting" assignment shall not be effective for more than ninety (90) days, a personnel action for temporary promotion may be effected on the beginning of the pay period following completion of the original ninety (90) day assignment, and must be documented.

Part 12.B.7.  Detail. A detail is an assignment of an employee to a written set of duties or to an encumbered position where the incumbent is expected to be absent from the position for a period not to exceed ninety (90) days. In the event a detail to the higher class exceeds (90) days, a temporary promotion may be effected beginning on the first pay period following the completion of the original ninety (90) day detail, and must be documented.

Part 12.B.8.  Temporary Promotions. When an employee is promoted temporarily to a higher class and pay level, which at least equivalent to an increase of two steps at his/her current pay level. If the employee does not meet the qualifications standards of the position to which promoted, the employee may be temporarily promoted to an intermediate grade, if one exists, and he /she meets the qualifications standards, or if the employee does not meet the qualifications standards of either the target grade or the intermediate grade, h/she shall be compensated with two (2) steps in his/her current pay level, but may not exceed the maximum step. Upon return to his/her former position, he/she shall be returned to the grade and pay level, which he would be receiving had he retrained in his/her former position. The employee must be informed, in advance, in writing, of these conditions and acknowledge his understanding by his/her signature.

Part 12.B.9.  Reallocation of Position. In the rare instances of the reallocation of a position, the employee's pay shall be set at the lowest step in the higher pay level which equals at least one step increase in the lower level position.

Part 12.B.10. Effective Date of Position Changes. The effective date of all position changes shall be the beginning of the first pay period immediately following the official approval of the action. Retroactive effective dates shall not be used except as a result of the court decision which specifically sets an effective date as part of the appeal award.

Part 12.B.11.   Within-Grade Increase Eligibility.

a.    Within-Grade Increase. An employee may be granted a within grade increase upon completion of the following periods of satisfactory work performances.

Steps Full Periods of Satisfactory Performance  
Required Before Within-Grade May be allowed

1 to 2                          52 calendar weeks
2 to 3                          52 calendar weeks
3 to 4                          52 calendar weeks
4 to 5                          52 calendar weeks
5 to 6                          52 calendar weeks
6 to 7                          104 calendar weeks
                        7 to 8                          104 calendar weeks
                        8 to 9                          104 calendar weeks
 
b.    Employees assigned to work part time will be eligible for a within grade only at such time as the cumulative total of all regularly scheduled hours worked equates to a standard work period of 2,080, or 4,160 hours, as appropriate, and such service has been satisfactory. Employees who are employed on an intermittent or limited-term basis are not eligible to receive within-grade increase.

c.    Effective date of within-grade step increase shall be the first day of the first pay period following completion of the required waiting period.

d.    For all positions, approved leave in a non pay status (leave without pay - LWOP) not exceeding eighty (80) hours if the waiting period is one year, one hundred sixty (160) hours if the waiting period is two years, is creditable toward the waiting period for a within grade increase. Leave without pay (LWOP) in excess of the applicable grace period set out herein.

e.    Time served in a leave without pay (LWOP) status for purposes of job-related education for training is credited towards within- grade increase, the same as if the employee had been in a pay status for that period of time while on LWOP. However, any portion of the time while on LWOP that is not directly related to the study program, or associated travel via the most direct route, is not creditable toward the waiting period for a within- grade increase. Finally, to be creditable toward the waiting period, the education program in which the employee is enrolled must be clearly and directly applicable to the employee's present position or one to which he/she may reasonably aspire, and for which he/she released from full time work status and placed in an approved leave without pay (LWOP) status.

f.     A former employee re-employed with a break in service of ten (10) working days or more begins a new waiting period for a within grade increase. No credit will be given toward the completion of this waiting period for any time served under a former waiting period prior to the break in service.

 Part 12.B.12   Disposition of leave Upon Separation

a.   Annual leave
 
An employee separated from the CSHCP Personnel Service for any reason shall receive a lump-sum payment for all annual leave accrued and accumulated to his/her credit at the time of separation.

An employee separated from the Personnel Service for any reason shall have all sick leaves accrued to his/her account held in the leave records for three (3) years. Should the person be reemployed in the Personnel Service at any time during that period, the sick leave balance shall be re-credited to his/her sick leave account and available for use from the first day of his/her reemployment.

Part 12.B.13.  Overtime Compensation and Control

a.    An employee shall be paid overtime compensation at one and one half times the base salary rate or adjusted base salary rate for all overtime when he/she is directed to work and does work:

(1)   In excess of eight (8) hours in one day, or on the sixth and seventh days of the workweek, provided he/she has first worked 40 hours at straight time in the same workweek.
 
(a)   Overtime shall be paid under 1 or 2 immediately above, but not a combination of both.

(b)   An employee in pay status during a workday or other than actual time worked must actually work eight (8) hours at his/her straight time rate on that  workday before overtime is payable.

(c)   An employee in pay status during the first five days of the workweek or other than actual time worked must work an equivalent number of hours at his/her straight-time rate on the sixth an/ or seventh days of that workweek before overtime is payable.

(d)   Any employee who is being paid a standby premium for remaining on call to duty at any time during a regularly-scheduled standby period in excess of a forty (40) hour-work-week shall not be eligible for overtime pay for any work performed while on scheduled standby.

(e)   An employee required to work overtime immediately preceding or following his/her regularly scheduled work hours will be credited with the overtime actually worked. An employee recalled to work after departure from work would be credited with a minimum of two hours overtime. An employee who at his option takes a break between the end of his/her regularly scheduled work hours and the start of the overtime period will be credited with the overtime hours actually worked.

b.    Control of Overtime. Overtime is scheduled and approved in advance, except in unanticipated emergencies. Overtime must be requested by the immediate supervisor and approved by his superior or the Department Head. Management may direct employees to work overtime in situations where work cannot be accomplished during the regular workday, nor postponed to the following day or days.

c.    Approval of Overtime. As a general policy, an employee who has taken annual or sick leave will not be scheduled to work overtime on the same day, and will be advised that overtime voluntarily performed is not compensable.
 
d.    Supervisors Working Overtime. As a general policy, managers should refrain from direction supervisory personnel to work overtime.
 
e.    Supervision of Overtime Work. In the event that three or more employees are directed to work overtime, a supervisor must be present to ensure proper utilization of the overtime period.
 
f.     Flexible Schedule Employees. There are certain employees who are in occupations and professions, which do not lend themselves to a standard forty (40) hour workweek. These employees are considered to be on an annual salary and not eligible for overtime. However, every reasonable effort should be made to limit the hours of these employees to forty (40) hours per week.

Part 12.B.14.  Use of Nonstandard Workweek. Nonstandard workweeks may be used to provide continuity of service or to full fill other needs of the public interest. Schedules for nonstandard workweeks shall be devised, in advance, by the manager concerned and approved by the Board of Trustees or Executive Director. When it becomes necessary to change an employee from a standard workweek to a nonstandard workweek he/she shall be given notice in writing of at least five work days in advance of the effective date of the change. If an employee is not given the required notice of change in schedule of work, he/she shall be compensated under the regular overtime provisions until the nonstandard schedule is affected.

Part 12.B.15.  Holidays.

a.    Employees of CSHCP shall be paid holiday pay for work performed on the following holidays in accordance with the regulations set forth herein:

New Year's Day   January 1
Federated States of Micronesia Day   May 10
FSM Independent Day   Nov. 3
United Nations Day   Oct. 24
Christmas Day    Dec. 25

b.    Payment of work on Holidays.

(1)   Any employee required to work on the legal holiday which falls within his/her regularly-scheduled workweek shall be compensated for the regular 8 hours worked at two times the base salary rate or the adjusted base salary rate when provided, by law, for his/her position.

Any work in excess of eight hours will be compensated at the overtime rate. Holiday pay for hours of work performed on a legal holiday will not be paid any employee who is paid for the same hours a Standby Differential.

(2)   Any employee required to work on a holiday which falls outside his regularly-scheduled workweek, shall be compensated for the hours worked in the same manner as for overtime worked performed on any other day.

c.    Holiday Pay in a nonstandard workweek. When holidays fall on a regular non-work day for employees whose workweek is other than the standard workweek, the workday immediately preceding or succeeding the holiday shall be designated (as determined administratively) as the holiday in lieu of such holiday which occurs on the employee's scheduled non-work day.

(1)   Such employees who have designated holidays in lieu of the official holiday shall be excused from duty on the designated holiday.

(2)   Such employees who are required to work on their designated holiday shall receive two times the base salary rate or adjusted base salary rate for work performed on that day. If assigned work extends beyond the scheduled eight hours, the time in excess of eight hours shall be compensated at one- and- one- half times the base salary rate or adjusted base salary rate.

Part 12.B.16.  Merit Increases. An employee may additionally be granted a merit increase not to exceed a one-step increase in the base salary rate or adjusted base salary rate of pay in any 104 calendar week period for sustained superior performance over such period. Such additional merit increase will not alter the waiting period required for qualifying for the next within- grade step increase. No employee shall be compensated above the maximum step prescribed for his / her pay level except where he/ she is receiving such compensation pursuant to law. A merit increase in initiated and signed by the employee's supervisor Executive Director and forwarded to the Board of Trustees for review and approval.

Part 12.B.17.     Premium Pay for Advanced Professional Degree

(1)  Any FSM citizen employee who has achieved advanced professional capabilities through obtaining an earned doctorate in any other field, or an earned degree in professional engineering awarded on completion of a four-year course, from an accredited United State university or any other college or university which is accredited by the competent authority in the jurisdiction where the college or university is located and who is employed in a position having a requirement for such a degree, shall receive, in addition to the base salary, a premium of twenty-four percent (24%) of the base salary for the pay level and step of the position.

Part 12.B.18.  Special Medical Differential. Any FSM citizen employee who is a Medical Officer or Dental Officer and who occupies a position the duties in the CSHCP Personnel Service System of which are predominantly clinical, as opposed to administrative, in nature, shall receive, in addition to a base salary, a Special Medical Differential of twenty-four percent (24%) of the base salary for the pay level and step of the position.

Part 12.B.19.  Foreign Service Premium. Any FSM citizen who is in the CSHCP Personnel Service System assigned on a permanent change of duty station to work at locations outside the geographic boundaries or administrative control limits of the FSM shall receive, in addition to a base salary, as appropriate Foreign Service Premium for the area to which he/she is assigned in accordance with the pay level and step of his/her position. When the location of the foreign assignment is a location other than the United States or United States territory, the employee will receive the percentage of the United States Market Place Differential which foreign nationals recruited from that location receive, or minimum of thirty percent (30%) of base salary, whichever is the higher.

Part 12.B.20.  Bar to Dual Compensation or Dual Employment. No employee shall receive Compensation for two positions or two appointments in the CSHCP Personnel Service System. When an employee is engaged in the CSHCP in his/her regular position under the provisions of Chuuk State law, he/she shall be (1) placed on leave without pay (LWOP) from his/her regular position, or (2) continue his/her CSHCP salary and reject the salary for the second position, whichever is to his/her personal advantage.

Part 12.B.21   Transfer Allowance - Per Diem. When an employee is recruited or transferred beyond normal commuting distances from his /her place of permanent residence for work elsewhere in Chuuk State, he/she shall entitled to: (1) per diem at established rate at the new location; (2) all justifiable expenses connected with travel of himself/herself and his / her immediate family; (3) transportation of reasonable quantity of household effects to the new work location.

a.    Purpose. Payment of Transfer Allowance per diem occurs above and beyond travel per diem in effect during actual travel status up to the day of arrival at the new duty station. Commencing form the day of arrival at the new duty station these funds are provided for the purpose of assisting the employee to effect the transfer without undue economic impact on personal funds or savings.

b.    Application of Transfer Allowance. The following schedule provides for payment of Transfer Allowance:

Schedule of Transfer Allowance - Per Diem
 
Employee         Family / Dependent        Number of Calendar
                (and)                                Day Per Diem to be
                                                                                  paid
Category           Status                               Established Rates
 
                        State Center ( Weno)
 
     I.         Employee with less than three dependents        15
 
     II.        Employee with three or more dependents          30

Other than Weno

      I.         Employee with less than three dependents       30

      II.        Employee with three dependents or more         60
 
c.    Controls and Procedures. Payment of the 30 to 60 calendar days per diem, as appropriate, will be calculated from the date of the employee's arrival at the new location of assignment. All per diem will be calculated at established rates for the new location. If an employee in Category II (in Weno or other than Weno elects to travel without all of his/her dependents accompanying him/her at the time of transfer, he/she shall be paid in the appropriate Employee Category based on the actual number of dependents who did accompany him/her. If additional dependents perform subsequent travel and join the employee within one (1) year of the date of arrival at the new location of assignment and this increases the total number of his/her dependents so as to justify placement in a higher Employee Category and payment of an additional amount of Transfer Allowance (Per Diem) adjustment and additional payment based on an increased number of dependents joining the employee at a later date than his/her reporting date, such additional dependents must have been dependents of the employee at that time of Recruitment or Transfer. Adjustment for an increased amount of Transfer allowance occasioned by additional dependents joining the employee after one (1) year from the date of his/her arrival at his new location of assignment, will be made only in unusual cases where it can be substantiated that such additional dependents could not have joined the employee earlier because of extreme hardship, health, completion of a school term, or similar reasons which provide clear evidence that earlier travel was prevented.

 (1)  For the purpose of this regulation, " dependents" are restricted to include only the following:

(a)   dependent father of Employee or Spouse

(b)   dependent mother of Employee or Spouse

(c)   all unmarried children, under age 21, including step-children as well as legally or customarily adopted children.

(d)   all unmarried children, no age restriction, who because of physical or mental incapacity are incapable of supporting themselves.

Travel Authorizations prepared by the Executive Director to effect the transfer of Federated States of Micronesia national and expatriate personnel, will indicate in Item #18, " Transfer Allowance authorized." Upon arrival at the duty station, the employee is required to submit a Travel Voucher. This voucher shall include a claim for Transfer Allowance with a statement as follows:

Employee arrived at duty station on:

          With the following dependents:

Verified correct:

Date of arrival:

***      List dependents by name and birth date as indicated on the Travel Authorization (TA) who actually arrived at the duty station with the employee.

***      Signature of the Executive Director/Supervisor, as applicable, to indicate verification of information on the travel voucher.

The Travel Voucher is submitted to the Executive director office for approval. The Board's office computes the voucher for payment. All calculations for the Travel

Allowance will be based on the established per diem rate in effect for the new location as of the date the employee arrived at his location of assignment. When an employee is not accompanied at the time of travel to work assignment by his/her dependents, he/she may later file for an increased amount under the conditions of the preceding second paragraph of this Sub-section C, Controls and

Procedures. Travel Vouchers submitted for an increased amount will be identified as a "Supplemental Claim" at the top of the Travel Voucher and submitted in accordance with the procedures outlined above. If necessary, requests for amended Travel Authorizations (TA's) should be directed to the Board office.

a.   The Full Amount of Transfer Allowance According to the schedule of Transfer Allowance is Payable:

(1)  On the occasion of initial transfer which, in accordance with the Transportation Employment Agreement, is for a period of two (2) years.
 
area or location geographically removed and beyond the normal commuting distance from the location of work assignment.

(2)  Each time an employee fulfills at least one (1) full year of the two- (2) year Transportation Agreement, following which the employee is again transferred to a new location of assignment beyond the normal commuting distance from the employee's place of permanent residence.

(3)  Payment of Transfer Allowance under (1) or (2) above is made only when the recruitment or transfer action is initiated by the Board of Trustees.

b.    A Reduced Amount of Transfer Allowance is Payable Under the following conditions:

An employee subsequently transferred to another new location not his/her place of permanent residence and beyond the normal commuting distance from it within a period of less than twelve (12) full months following payment of the full amount of Transfer Allowance for a prior transfer as described above under (1) or (2) may be paid a reduced transfer allowance as follows:

(1)  Determine the date on which the employee last received the full amount of Transfer Allowance; and

(2)  Compute the number of complete months only which have elapsed since (a) above to the present date of a subsequent transfer to determine the fractional portion of Transfer Allowance new payable.

For Example: Employee was paid full amount of Transfer Allowance as of date of prior transfer on: January 10,2000. Date of subsequent transfer occurring within 12 months July 20, 2000. Number of complete months elapsed: (6)

(3)  Determine the appropriate Employee Category based on Family / Dependent Status and Using the Schedule of Transfer Allowance, and ascertain the full number of calendar days per diem payable for a transfer under (1) or (2) above.

For Example: Category II Employee with two (2) or more dependents  30 days.

(4)  Amount payable for subsequent transfer; 6/12 of 30 days per diem at established rates.

(5)  Any case, which fits the foregoing situation of a subsequent transfer, as defined, will be calculated using the fractional method of computation illustrated above.

c.    A transfer Allowance is not Payable. When a person, who for personal arid voluntary reasons has left his / her permanent place of residence, and who subsequently seeks employment at the location where he / she happens to be, and who then becomes employed at that same location. This situation is considered to be the same as local hire.

d.    Exemptions:

The following positions and types of appointments have been determined not covered by the Transfer Allowance provisions:

(1)   Special employment of " rotating doctors" employed for short periods of time ranging from two (2) to four (4) months.

(2)   All personnel employed on " Local Hire" basis, whether covered by an employment agreement or not. Includes: Micronesian citizens; United States citizens; U.S. National and non-citizen permanent residents of the U.S.; and citizens of any other country.

(3)   All positions and appointments of a temporary nature such as:

(a)   Temporary ninety (90)- day which may be extended for an additional one- hundred eighty (180) days- not to exceed a total of two- hundred seventy (270) days, to positions created for relief, repair and rehabilitation as a result of a disaster.

(b)   Provisional ninety (90) day appointment which may be extended for an additional ninety (90) days, to positions pending establishment of an eligible list of persons from which selection may be made. In the event a provisional appointee obtains a probationary appointment and is otherwise qualified; such an individual shall be eligible for Transfer Allowance on the date when probationary status is secured.

(c)   Emergency appointments to positions not to exceed ten (10) working days, which may be extended for an additional period not to exceed twenty (20) work days, for any temporary serious emergency, in order to prevent the stoppage of essential public service.

Part 12.B.22.      Housing Allowance. A Housing Allowance is provided to CSHCP
                             eligible employees to lease private quarters or housing.

Such housing allowance shall be in the amount of actual housing and utility costs, as supported by documentation, not to exceed the maximum amounts set forth in Part 5.13.25 (b).

a.   No employee who occupies position at a location within normal commuting distance of his / her permanent place of residence shall be entitled to receive a Housing Allowance.

b.   Schedule of Housing Allowance. The following schedule applies to those employees eligible for Housing Allowance:

Employee                         Family/ Dependent                       Annual Housing
Category                                        Status                               allowance(maximum)

I.       Employee                with no or one dependent               $ 1,200.00

II.      Employee                with two or more dependent           $ 1,800.00

The maximum Annual Housing Allowance is payable only where the employee occupies a total housing unit. Where an employee (and dependents, if any) occupies a part of the housing unit, the Executive Director shall determine what fraction of the maximum Annual Housing Allowance shall be the maximum for that portion of the unit occupied. A six-month grace period for application of this provision shall be extended to those employees who, at the time of promulgation of this Regulation, occupy less than a total housing unit. Employee who are presently receiving Housing Allowance on the basis of former regulations will continue to receive them, An employee in Category II who elects to transfer without all of his/her dependents accompanying him/her at the time of transfer shall be paid in the appropriate Employee Category based on the number of actual dependents who will reside with him/her at his/her new duty post. If additional dependents perform travel and join the employee within one (1) year of the date of his/her arrival at his/her new location of assignment, and this increases the total number of dependents so as to justify placement in a higher Employee Category and payment, and additional payment will be made. To qualify for additional payment, based on an increased number of dependents joining the employee at a later date than his/her reporting date, or when he/she became eligible for Housing Allowance, such additional dependents, who must have been dependents of the employee at the time of Recruitment or Transfer, must join the employee not later than one (1) year after his/her date of arrival at his/her new location of assignment. Adjustment for an increased amount of Housing Allowance occasioned by additional dependents joining the employee after one (1) year from the date of his/her arrival at his/her new location assignment, will not normally be made except for unusual cases where it can be substantiated that such additional dependents could not have joined the employee earlier because of reasons of extreme hardship, health, completion of a school term, or similar reasons which provide clear evidence that earlier travel was prevented or the employee has legally acquired dependents through marriage and / or adoption. For the purpose of this regulation, "dependents" are defined in accordance with Part 5.13.23. (1).

                c.     Responsibilities: The Executive Director responsible for the interpretation and application of this regulation throughout the Chuuk State. The employee eligible for Housing Allowance is responsible for making formal application to the CSHCP Executive Director. The Executive Director or his/her designee is responsible to receive, advise and process all applications for new or changed Housing Allowance. A Personnel Action (TT-P-50) or Request for Personnel Action (SF-52), as appropriate, shall be initiated for approval by the Board. The Board Office is responsible to assure payment of the Housing Allowance within authorized limits with disbursements prorated and paid on a bi-weekly basis. The Executive Director is responsible for lease agreements and/or initiating a TT-P-50. Upon expiration of lease, it should be renewed or the Housing Allowance is terminated.

Part 12.B.23. Temporary Lodging Allowance. An employee who is receiving a TLA is not entitled to receive a Housing Allowance at the same time.

a.    Purpose. A Temporary Lodging Allowance (TLA) is designed to provide reimbursement to an employee, which includes all eligible family members who accompany the employee upon transfer to anew duty station, for the reasonable costs for temporary lodging and meals only.

b.    Eligibility Criteria. To be eligible for a TLA; the following condition must be met: To be eligible to be paid a TLA, the transfer to a new duty station must be to a location, which is not the employee's permanent place of residence nor within normal commuting distance of it.

c.    Controls. Payment of a Temporary Lodging Allowance (TLA) commences upon the first day of arrival at a new duty station. Payment of a TLA may not exceed a total of sixty (60) days. Application of a TLA is restricted to cover reasonable costs for temporary lodging and meals only. An employee is required to pay these expenses, as incurred, out of pocket, and the TLA provides reimbursement for such costs.

It is mandatory that the employee obtains and provides receipts for all such expenses. Costs for temporary lodging and meals may not be " billed" to CSHCP for later payment; they must be paid for by the employee at the time they are incurred and vouchered, after the fact, to obtain reimbursement.

d.    Schedule of Temporary Lodging Allowance The following schedule prescribes the maximum daily amounts of Temporary Lodging Allowance (TLA) which may be paid for the family/ dependent status indicated:

                                1.        Chuuk                                             Maximum
                                                                                                   Daily Rate
                        Employee only                                         $ 24.00
                        Each dependent over 11
                        Years of age                                            $ 24.00

                        Each dependent up to and
                        Including 11 years of age                       $ 12.00
 

NOTE:          The above rates are maximum and not guaranteed minimums; all expenses for temporary lodging and for which reimbursement is sought must be supported by bills and receipts. For purpose of this regulation, " dependents" are defined in accordance with Part 12.13.21 C (1).

e.    Responsibilities: The Executive Director is responsible for the interpretation and application of this regulation throughout the Chuuk State. Supervisors shall be familiar with the provisions of this regulation and advise employees accordingly. Supervisors are responsible for ensuring, before the actual transfer occurs. Employees are responsible for initiating a Temporary Lodging Claim, supported by a clear accounting in the form of bills or receipts for all temporary lodging and meals costs for which reimbursement is sought. CSHCP Executive Director responsible for the examination and payment of all Temporary Lodging Allowances. The CSHCP Executive Directors and/or staff officers for the plan are responsible for approval of Temporary Lodging allowance claims. All temporary lodging expenses incurred by an employee are chargeable to the account number of the Board. The Executive Director is responsible for ensuring the timely and accurate reporting concerning all employees and the date when occupancy of housing commences (Housing Occupancy Report).
 

Part 13.A.0.   LEAVES OF ABSENCE

Part 13.A.1    Purpose. Leaves of absence from the public service are for the mutual benefit of the employee and his employer. When leaves of absence are granted, they are considered to be for legitimate reasons not detrimental to the public service.

Part 13.A.2.    Kinds. Broadly characterized, leaves of absence are either with pay or without pay,

Part 13.A.3.    Leaves with Pay.

a.   Annual. Annual leave, or vacation, shall be granted for the purpose of rest and relaxation. The Federated States of Micronesia citizens who have less than three (3) years of creditable service shall earn annual leave at the rate of four (4) hours per pay period; except that newly appointed employees shall undergo a waiting period of ninety (90) calendar days before being credited with annual leave. Employees with more than three (3) but less than fifteen (15) years of creditable service shall earn annual leave at the rate of six (6) hours per pay period. Employees who have fifteen (15) or more years of creditable service shall earn annual leave at the rate of eight (8) hours per pay period. Annual leave request for more than three (3) workdays and must be approved in advance by the Executive Director or staff officer.

b.   Maximum Accumulation. The maximum accumulation of annual leave for FSM citizen employees shall be three hundred and sixty (360) hours, beginning first pay period of each year. Any excess over such maximum shall be forfeited unless taken before the end of the calendar year in which such excess was accumulated.

c.   Non-Federated State of Micronesia Citizen Employees. Employees who are not citizens of the Federated States of Micronesia and who are employed under Employment Agreement Contracts per Part 3.13. of these Regulations shall earn annual leave at the rate of eight (8) hours per pay period for employees on two year Employment Agreements. Approval of all annual leave requests will be made in the same manner a provided in Sub-Part 6.A.3. (a)

d.   Sick Leave. All employees of Chuuk State shall earn sick leave at the rate of four (4) hours per pay period. There shall be no limit to the amount of sick leave, which may be accumulated. Illness of more than three (3) days' duration shall require a certificate from qualified medical personnel certifying to the fact of such illness and the treatment being administered. The supervisor may require a certificate for shorter periods when use of such leave is chronic and excessive. The employee's immediate supervisor is responsible for approving such leave requests. Former employees of the CSHCP Personnel Service System within three (3) years after their termination will be credited with the unused sick leave accumulated during their previous employment.

e.   Leave Advance. Where, for good reason, an employee requires additional annual or sick leave, the Executive Director may grant advance leave up to a maximum of one-half (1/2) of the total earnable leave credits for one (1) year from the date the application is made. Subsequent earnings shall serve to replace the amount of advance leave granted and taken.

f.   Training and Education Leave. Leaves for the purpose of job-related training and education may be granted permanent FSM citizen employees for a period not to exceed one (1) year, by the Executive Director. The Board may extend this period. Additional such leave may not be granted the same employee until and unless he/she performs in his/her position for at least one (1) year following expiration of the first leave. The period of leave shall not affect the employee's service anniversary date.

g.  Compassionate Leave.  Permanent FSM citizen and non-citizen employees may be granted compassionate leave with pay of no more than five (5) workdays in cases of death, or imminent death, in the immediate family of the employee. For the purpose of this Part, the term " immediate family" shall be defined as an employee's mother, father, spouse, immediate offspring (natural or legally adopted), the brother or sister, and grandfather or grandmother. The Chairman Executive Director or Staff Officer is responsible for approving compassionate leave requests.

h.   Excused Absence (Administrative Leave). An absence from duty administratively authorized, without loss of pay and without charge to leave, is an excused absence. Such absences are authorized under emergency conditions beyond the control of management (e.g., typhoon), for participation in civic activities in the interest of the Board of Trustees employment-connected examinations. The Board is responsible for approving excused absence requests.

Part 13.A.4.   Leaves Without Pay.
  
a.  Maternity Leave. Female employees who are permanent employees may be granted leaves of absence without pay for reasons of maternity for a period of not more than three (3) months. Upon completion of such leaves, such employees are entitled to return to their positions with full rights and privileges, except that the period of maternity leave shall serve to change the employee's service anniversary date by the length of time between the effective date of the leave and the date the employee returned to duty. The employee's immediate supervisor is responsible for approving maternity leave requests.

b.  Training and Education Leave. Permanent FSM citizen employees who are ineligible for further training or education leaves with pay, as provided for under Sub-Part 6.A.3. (f), or who wish to pursue their education on a fulltime basis without financial assistance by the Government may be granted leaves of absence without pay for a period not to exceed one (1) year. Such employees shall have the right to return to their positions at the conclusion of their education or training, and their services anniversary dates shall be adjusted by the amount of leave without pay taken.

The Executive Director through the Board is responsible for approving requests for Training and Education Leave.

c.  Annual (Vacation) or Sick Leave Without Pay. With the concurrence of his/her director or staff officer, a permanent employee may be granted leave without pay for the purpose of extending his vacation; provided however, that such extension shall not exceed a period of ten (10) work days. Similar extensions may be granted for sick leave purposes; provided however, that the attending physician certifies to the necessity for the extension and the extension does not exceed ninety (90) workdays.

Part 13.A.5.   Unauthorized Leave. Unauthorized Leave (Absence Without Leave (AWOL) is absence from duty without appropriate authorization. Employees who are absent from duty without prior approval, except in bona fide emergencies, shall be charged AWOL. Employees on AWOL are subject to disciplinary action and loss of pay.

Part 13.A.6.   Responsibilities. The employee shall be responsible for initiating his/her request for leave using such forms, documentation, end explanatory material as may be required. He/she shall initiate such request sufficiently in advance, wherever possible, so as to enable management to make the necessary staff adjustments for coverage of the employee's assignments during his/her absence. Management shall be responsible for reviewing all requests in the light of program needs, replacement services, and legal and policy requirements. In consideration of the foregoing and any other pertinent considerations, management may approve, disapprove or arrange modifications of leave requests. The Executive Director shall be available for advice and assistance and for decision in cases requiring interpretation of legal requirements and policy. The Executive Director shall be available for advice and assistance to all staff in matters concerning CSHCP Personnel Service System.
 

Part 14.A.0  EFFECTIVE DATE:
These regulations shall become effective upon the approval of the Governor of the State of Chuuk.

 Adopted by:                  /s/                        Approved by:                 /s/
                      Chairman, Board of Trustees                   Governor Chuuk State

Date:     5/16/01                                Date:   5/16/2001