NAC284.462. Restoration of promoted employee to former position.

     1. For the purposes of this section only, “promotion” means any movement into a vacant position which has a higher grade than the position previously occupied by a classified employee who has served 6 months of continuous (full-time equivalent) service.

     2. An employee promoted pursuant to subsection 1 who fails to attain permanent status in the position to which he or she was promoted or who is dismissed for a cause other than misconduct or delinquency on his or her part from the position to which he or she was promoted, either during the probationary period or at its conclusion, must be restored to the position from which he or she was promoted.

     3. If an employee fails to attain permanent status and is restored to his or her former position, the appointing authority which is effecting the restoration must give written notice to the agency from which the employee was promoted at least 30 calendar days before the effective date. The agency which is taking action to restore the employee to his or her former position is liable for the payment of the employee during this 30-day period unless the agency to which the employee is being restored agrees to accept the employee before the expiration of that period. An employee does not gain permanent status if a report of separation or notice of intent to restore an employee to his or her former position has been provided to the employee and filed with the Division of Human Resource Management on or before the last day of his or her probationary period, even though the separation or restoration takes place after the last day of the probationary period.

     4. A demotion from probationary status in a higher class to the former lower level class may not be appealed.

     [Personnel Div., Rule VIII § C subsec. 4, eff. 8-11-73; A 4-14-76]—(NAC A by Dep’t of Personnel, 10-26-84; 7-21-89)