Public Service System


Employee Rights and Tenure in Employment


§ 141. Performance evaluations.
§ 142. Outside employment.
§ 143. Employee associations.
§ 144. Grievances.
§ 145. Leaves of absence.
§ 146. Resignation.
§ 147. Reductions-in-force.

§ 141. Performance evaluations.

The Personnel Officer shall develop and maintain a system of performance evaluation for the purpose of appraising the productivity of employees in the public service. Each agency shall develop performance evaluation criteria for every class or, if appropriate, for individual positions, and shall rate each employee under its jurisdiction at least once a year. The Personnel Officer shall standardize performance evaluation criteria, develop evaluating procedures, and certify the final evaluations. A copy of each evaluation shall be given to the employee affected, and the management official shall give written notification to any employee whose performance in his position is substandard. Performance evaluations shall be used in determining eligibility for step increases and retention status in reductions-in-force.

Source: TT Code 1966 § 106; TT Code 1970, 61 TTC 5; COM PL 4C-49 § 10(11); TT Code 1980, 61 TTC 10(11); PL 1-47 § 18.

§ 142. Outside employment.

(1) No employee subject to the provisions of this chapter shall engage in any outside employment or other outside activity which is not compatible with the full and proper discharge of the responsibilities of his position or is otherwise prohibited by law. It shall be deemed incompatible with such discharge of responsibilities for any such employee to accept any fee, compensation, gift, payment of expenses, or any other thing of monetary value in circumstances such that acceptance may result in, or create the appearance of resulting in:

(a) use of public office for private gain;

(b) an undertaking to give preferential treatment to any person;

(c) impeding Government efficiency or economy;

(d) any loss of complete independence or impartiality;

(e) the making of a Government decision outside official channels; or

(f) any adverse effect on the confidence of the public in the integrity of the Government.

(2) No employee subject to the provisions of this chapter shall receive compensation or anything of monetary value, other than that to which he is duly entitled from the Government, for the performance of any activity during his service as such employee and within the scope of his official responsibilities.

Source: COM PL 4C-49 § 11; TT Code 1980, 61 TTC 11; PL 1-47 § 21.

Case annotations: The Title 51 provision barring nonresident workers from gainful employment for other than the employer who has contracted for him does not apply to national government employees because the national government is not an employer for the purposes of Title 51 of the FSM Code and does not contract with the Chief of the Division of Labor for employment of nonresident workers. FSM v. Moroni, 6 FSM R. 575, 578 (App. 1994).

Title 51 does not preclude nonresident national government employees from engaging in off-hours, secondary, private sector employment, but simply means that in order to engage in secondary employment nonresident national government employees must comply with its statutory provisions covering the private sector employment of nonresidents. FSM v. Moroni, 6 FSM R. 575, 579 (App. 1994).

§ 143. Employee associations.

Employees shall have the right to form associations for the purpose of presenting their view to the Government and shall be free from restraint or reprisal in exercising this right. The Government shall give reasonable opportunity to representatives of such associations to present their views.

Source: TT Code 1966 § 100; TT Code 1970, 61 TTC 6; COM PL 4C-49 § 10(17); TT Code 1980, 61 TTC 10(17); PL 1-47 § 20.

Cross-reference: FSM Const., art. IV, § 1. The provisions of the Constitution are found in Part I of this code.

§ 144. Grievances.

The regulations shall prescribe a system for hearing the views of employees on their working conditions, status, pay, and related matters and for hearing and adjudicating grievances of any employee or group of employees. These regulations shall ensure that employees are free from coercion, discrimination, and reprisals and that they may have representatives of their choice.

Source: TT Code 1966 § 104; TT Code 1970, 61 TTC 202; COM PL 4C-49 § 10(12); TT Code 1980, 61 TTC 10(12), 10(14); PL 1-47 § 22.

§ 145. Leaves of absence.

(1) Leaves of absence with pay may be granted to employees by management officials for reasons of vacation, illness, training, or education, or for such other reasons as will be in the best interests of the public service. Eligibility for such leaves, the method and rate of earning such eligibility, and the duration of the leave shall be established by regulations.

(2) Leaves of absence without pay may be granted for such reasons as management officials may deem proper and consistent with the best interests of the public service. Regulations may prescribe the characteristics of such leaves.

(3) Paid maternity leave of absence shall be granted to an employee for a period of six consecutive weeks per 12 month period:

(a) For purposes of this section, “maternity leave” means leave in connection with the birth of a child of the employee.

(b) Paid maternity leave shall not be considered to be annual leave or sick leave accrued in a calendar year.

(c) Paid maternity leave shall not accumulate for any subsequent use if not used by an employee before the end of each calendar year.

(d) The employer through its management officials may require the employee to provide a doctor’s certificate indicating general condition during pregnancy and the expected delivery date.

Source: TT Code 1966 § 101; TT Code 1970, 61 TTC 152; COM PL 4C-49 § 10(16); TT Code 1980, 61 TTC 10(16); PL 1-47 § 19; PL 16-15 § 1.

Case annotations: The government’s right to discipline an employee for unexcused absence is not erased by the fact that annual leave and sick leave were awarded for the days of absence. Suldan v. FSM (II), 1 FSM R. 339, 357 (Pon. 1983).

§ 146. Resignation.

Resignations shall be in writing. If an employee ceases work without explanation for not less than six consecutive working days, the management official shall file with the Personnel Officer a statement showing termination of employment because of abandonment of position. The management official shall promptly transmit a copy of the statement to the employee by the most practical means.

Source: COM PL 4C-49 § 10(6)(b); TT Code 1980, 61 TTC 10(6)(b); PL 1-47 § 23.

§ 147. Reductions-in-force.

Regulations shall be developed and promulgated to govern the conditions under which an employee shall be laid off from his position when lack of work or lack of funds makes such action necessary. The regulations shall provide that, in establishing order of layoff, consideration shall be given, first, to the employee’s individual merit, as shown by performance evaluations; second, to his qualifications of education, training and experience; and, third, to his seniority as measured by total creditable service.

Source: TT Code 1966 § 99; TT Code 1970, 61 TTC 151; COM PL 4C-49 § 10(13); COM PL 7-70 § 1; TT Code 1980, 61 TTC 10(13); PL 1-47 § 24.