TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 53

PERSONNEL SYSTEM

67-5302.  Definitions. As used in this chapter and other applicable sections of the Idaho Code, each of the terms defined in this section shall have the meaning given in this section unless a different meaning is clearly required by the context. Such terms and their definitions are:

(1)  "Administrative employee" means any person, nonclassified or classified, appointed to a position that meets the criteria set forth in the federal fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a classified position as "administrative" within this definition shall be made by the administrator of the division of human resources. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator.

(2)  "Administrator" means the administrator of the division of human resources in the governor’s office.

(3)  "Appointing authority" means the officer, board, commission, person or group of persons authorized by statute or lawfully delegated authority to make appointments to or employ personnel in any department.

(4)  "Class" means a group of positions sufficiently similar as to the duties performed, degree of supervision exercised or required, minimum requirements of training, experience or skill, and other characteristics that the same title, the same tests of fitness and the same schedule of compensation may be applied to each position in the group.

(5)  "Classified officer" or "classified employee" means any person appointed to or holding a position in any department of the state of Idaho, which position is subject to the provisions of the merit examination, selection, retention, promotion and dismissal requirements of section 67-5309, Idaho Code.

(6)  "Commission" means the Idaho personnel commission.

(7)  "Compensatory time" means approved time off from duty provided in compensation for overtime hours worked.

(8)  "Computer worker" means any person, nonclassified or classified, appointed to a position that meets the criteria set forth in the federal fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a classified position as "computer worker" within this definition shall be made by the administrator of the division of human resources. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator.

(9)  "Department" means any department, agency, institution or office of the state of Idaho.

(10) "Disabled veteran" is as defined in section 65-502, Idaho Code.

(11) "Eligible" means a person who has been determined to be qualified for a classified position and whose name has been placed on the register of eligibles.

(12)(a)  "Executive employee" means any person, nonclassified or classified, appointed to a position equivalent to a bureau chief or above as provided in section 67-2402, Idaho Code, or any employee whose primary duty is management of a department, division or bureau and:

(i)   Who customarily and regularly directs the work of at least two (2) or more other employees therein;

(ii)  Who has the authority to hire and fire, or to recommend hiring and firing; or whose recommendation on these and other actions affecting employees is given particular weight; and

(iii) Who customarily and regularly exercises discretionary powers.

(b)  Final designation of a position as "executive" in this definition shall be made by the administrator. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator.

(13) "Exempt employee" means any employee, classified or nonclassified, who is determined to be an executive, professional or administrative employee as defined in this section or who qualifies for any other exemption from cash compensation for overtime under applicable federal law. Final designation of a classified position as exempt shall be made by the administrator.

(14) "Full-time employee" means any employee working a forty (40) hour workweek.

(15)(a)  "Holiday" means any day so designated by the president of the United States or the governor of this state for a public fast, thanksgiving or holiday. Holidays are enumerated in section 73-108, Idaho Code.

(b)  In the event that a holiday occurs on a Saturday, the preceding Friday shall be a holiday, and if the holiday falls on a Sunday, the following Monday shall be a holiday.

(c)  A holiday is a day of exemption from work granted to nonexecutive employees during which said employees shall be compensated as if they actually worked. Employees classified as executive exempt are entitled to eleven (11) paid holidays per year. If such an employee works on one (1) of the official holidays listed in this subsection, then such employee may take an alternative day off but shall not receive additional compensation.

(16) "Hours worked" means those hours actually spent in the performance of the employee’s job on any day including holidays and shall not include vacation or sick leave or other approved leave of absence.

(17) "Nonclassified employee" means any person appointed to or holding a position in any department of the state of Idaho, which position is exempted from the merit provisions of section 67-5309(e), (f), (g), (j), (m), (o), (p), (w), and (x), Idaho Code.

(18) "Normal workweek" means any forty (40) hours worked during a particular one hundred sixty-eight (168) hour period as previously established by the employee’s appointing authority.

(19) "Open competitive examination" means an examination that may be taken by qualified applicants to compete on an equal basis for listing on the register of eligibles for a classified position.

(20) "Overtime work" means:

(a)  Time worked on holidays and time worked in excess of forty (40) hours in a period of one hundred sixty-eight (168) consecutive hours;

(b)  Upon designation from the administrator and in the case of those employees engaged in law enforcement, correctional, and fire protection activities characterized by irregular shift work schedules, time worked in excess of one hundred sixty (160) hours in a period of twenty-eight (28) consecutive days;

(c)  Upon designation from the administrator and in the case of certain employees who meet federal exemption requirements, time worked in excess of eighty (80) hours within a period of fourteen (14) consecutive days; or

(d)  Time worked by employees during specific hours in addition to their normal schedules upon emergency declaration by the governor or with the approval of the appointing authority and the board of examiners.

(21) "Participating department" means any department of the state of Idaho in the executive department reporting to the governor or a board or commission appointed by the governor.

(22) "Part-time employee" means any employee whose usually scheduled work is fewer than forty (40) hours in a period of one hundred sixty-eight (168) consecutive hours and who is not entitled to sick leave accruals provided in section 67-5333, Idaho Code, vacation leave provided in section 67-5334, Idaho Code, or holiday pay as defined in subsection (15) of this section, unless contributions are being made to the public employee retirement system in accordance with chapter 13, title 59, Idaho Code, and rules promulgated by the public employee retirement system board.

(23) "Personnel system" means the procedure for administering employees in accordance with this chapter.

(24) "Political office" means a public office for which partisan politics is a basis for nomination, election or appointment.

(25) "Political organization" means a party that sponsors candidates for election to political office.

(26) "Position" means a group of duties and responsibilities legally assigned or delegated by one (1) or more appointing authorities and requiring the employment of one (1) person.

(27) "Professional employee" means any person, nonclassified or classified, appointed to a position that meets the criteria set forth in the federal fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a classified position as professional shall be made by the administrator. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator.

(28) "Public education entity" means community colleges, public school districts, public charter schools and the Idaho digital learning academy.

(29) "Qualifying examination" means an examination or evaluation given to a selected person to determine eligibility for reclassification or appointment to a position in a classification.

(30) "Register" means a list of names of persons who have been determined to be eligible for employment in a classified position as determined on the basis of examination and merit factors as established by the administrator.

(31) "Seasonal appointment" means an appointment to a position that is permanent in nature but that has intermittent work periods throughout the year.

(32) "Service rating" means a recorded evaluation of work performance and promotional potential of an employee by his supervisor.

(33) "State educational agency" means the following state agencies and educational institutions under the governance of the Idaho state board of education:

(a)  Boise state university;

(b)  Idaho state university;

(c)  University of Idaho;

(d)  Lewis-Clark state college;

(e)  Idaho public television;

(f)  The division of vocational rehabilitation;

(g)  The division of career technical education;

(h)  The office of the state board of education;

(i)  The state department of education; and

(j)  The public charter school commission.

(34) "Temporary appointment" means appointment to a position that is not permanent in nature and in which employment will not exceed one thousand three hundred eighty-five (1,385) hours during any twelve (12) month period. No person holding a temporary appointment may work in excess of one thousand three hundred eighty-five (1,385) hours during a twelve (12) month period of time for any one (1) department; provided, however, upon petition by the appointing authority that demonstrates good cause, the administrator of the division of human resources may extend the one thousand three hundred eighty-five (1,385) hour limit for:

(a)  Employees of the department of lands who are required to perform fire suppression activities; and

(b)  Employees hired under approved apprenticeship programs.

(35) "Vacation leave" means a period of exemption from work during which employees shall be compensated. The term shall not include compensatory time for overtime work.

(36) "Veteran" is as defined in section 65-203, Idaho Code.

History:

[67-5302, added 1965, ch. 289, sec. 2, p. 746; am. 1975, ch. 164, sec. 1, p. 434; am. 1977, ch. 307, sec. 3, p. 858; am. 1979, ch. 197, sec. 1, p. 568; am. 1981, ch. 133, sec. 1, p. 222; am. 1986, ch. 133, sec. 1, p. 342; am. 1990, ch. 371, sec. 1, p. 1019; am. 1993, ch. 75, sec. 1, p. 198; am. 1993, ch. 233, sec. 1, p. 811; am. 1999, ch. 243, sec. 1, p. 616; am. 1999, ch. 370, sec. 2, p. 978; am. 2000, ch. 121, sec. 1, p. 262; am. 2002, ch. 146, sec. 2, p. 419; am. 2006, ch. 51, sec. 16, p. 152; am. 2006, ch. 380, sec. 7, p. 1181; am. 2008, ch. 138, sec. 1, p. 396; am. 2008, ch. 196, sec. 2, p. 619; am. 2016, ch. 199, sec. 1, p. 556; am. 2018, ch. 17, sec. 6, p. 26; am. 2020, ch. 44, sec. 4, p. 104; am. 2022, ch. 112, sec. 3, p. 401; am. 2023, ch. 7, sec. 1, p. 13; am. 2023, ch. 8, sec. 1, p. 27; am. 2023, ch. 11, sec. 1, p. 44.]