Idaho State Statutes - Idaho Attorney Directory

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 which meets the following criteria:
1. (a) Responsible office or nonmanual work directly related to the
management policies of a department or section; or
(b) Responsible work that is directly related to academic
instruction or training carried on in the administration of a school
system or educational establishment; and
2. The employee must customarily and regularly exercise discretion and
independent judgment, as distinguished from using skills and following
procedures. The employee must have the authority to make important
decisions; and
3. The employee must:
(a) Regularly assist a bona fide executive or administrative
employee; or
(b) Perform work under general supervision along specialized or
technical lines requiring special training, experience or knowledge;
or
(c) Execute under only general supervision special assignments; and
4. The employee is classified to a position allocated to the pay grade
equivalent to two hundred sixty (260) points or higher pursuant to the
rating system established by section 67-5309C, Idaho Code.
5. Final designation of a classified position as "administrative" within
this definition shall be made by the administrator of the division of
human resources.
(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 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 chapter 53, title 67, 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) "Department" means any department, agency, institution or office of
the state of Idaho.
(9) "Disabled veteran" means an individual who has served on military
duty in the armed forces of the United States during any period of war
recognized by the United States department of veterans affairs for the
purposes of awarding federal veterans benefits as may be defined in title 38,
U.S. code, chapter 1, section 101(11), or during any other conflict recognized
by the award of a campaign or service medal of the United States; and has been
separated therefrom under honorable conditions; and has established the
present existence of a service-connected disability; and is receiving
compensation, disability retirement benefits, or pension under a public
statute as administered by the department of veterans affairs or a military
department.
(10) "Earned administrative leave" means hours which exceed the regularly
scheduled hours but do not result in overtime. These hours may accrue after
hours worked and hours on paid leave exceed forty (40) hours in one (1) work
week.
(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) "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 meeting the following criteria:
1. An individual whose primary duty is management of a department,
division or section; and
2. Who customarily and regularly directs the work of at least two (2) or
more other employees therein; and
3. 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
4. Who customarily and regularly exercises discretionary powers; and
5. Who is classified to a position allocated to the pay grade equivalent
to two hundred sixty (260) points or higher pursuant to the rating system
established by section 67-5309C, Idaho Code.
6. Final designation of a classified position as "executive" in this
definition shall 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 herein, 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
work week.
(15) "Holiday" means the following:
January 1 (New Year's Day);
Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights
Day);
Third Monday in February (Washington's Birthday);
Last Monday in May (Memorial Day);
July 4 (Independence Day);
First Monday in September (Labor Day);
Second Monday in October (Columbus Day);
November 11 (Veterans Day);
Fourth Thursday in November (Thanksgiving);
December 25 (Christmas).
In addition, the term "holiday" shall mean any day so designated by the
President of the United States or the governor of this state for a public
fast, thanksgiving or holiday.
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.
A holiday is a day of exemption from work granted to employees during
which said employees shall be compensated as if they actually worked.
(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 provisions of chapter 53, title 67, Idaho Code, as provided for in
section 67-5303, Idaho Code.
(18) "Normal work week" 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 which may be
taken by qualified applicants to compete on an equal basis for listing on the
register of eligibles.
(20) "Overtime work" means time worked on holidays and time worked in
excess of forty (40) hours in a period of one hundred sixty-eight (168)
consecutive hours, except that 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 shall constitute
overtime work within the meaning of this chapter.
(21) "Participating department" means any department of the state of Idaho
which employs persons in classified positions subject to the merit
examination, selection, retention, promotion and dismissal requirements of
this chapter.
(22) "Part-time employee" means any employee whose usually scheduled work
is less than forty (40) hours in a period of one hundred sixty-eight (168)
consecutive hours.
(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 which 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 which meets the following criteria:
1. The employee's primary duty must be either:
(a) Work requiring knowledge of an advanced type in a field of
science or learning, customarily obtained by a prolonged course of
specialized instruction and study; or
(b) Work that is original and creative in character in a recognized
field of artistic endeavor and the result of which depends primarily
on his invention, imagination, or talent; or
(c) Work as a teacher certified or recognized as such in a school
system or educational institution by which he is employed; and
2. The employee must consistently exercise discretion and judgment; and
3. The employee must do work that is predominantly intellectual and
varied, as distinguished from routine or mechanical duties; and
4. The employee is classified to a position allocated to the pay grade
equivalent to two hundred sixty (260) points or higher pursuant to the
rating system established in section 67-5309C, Idaho Code.
5. Final designation of a classified position as "professional" within
this definition shall be made by the administrator.
(28) "Provisional appointment" means appointment to a classified position
pending the establishment of a register for such position and employment shall
not be continued in this status longer than thirty (30) days after
establishment of a register.
(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 which is
permanent in nature, but which 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) "Temporary appointment" means appointment to a position which 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, except upon petition by the appointing
authority of the department of lands 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 employees of the department
who are required to perform fire suppression activities.
(34) "Vacation leave" means a period of exemption from work granted to
employees during which time said employees shall be compensated. The term
shall not include compensatory time for overtime work.
(35) "Veteran" means any person who has served in the active service of
the armed forces of the United States during any period of war recognized by
the United States department of veterans affairs for the purpose of awarding
federal veterans benefits as may be defined in title 38, U.S. code, chapter 1,
section 101(11), or during any other conflict recognized by the award of a
campaign or service medal of the United States, and who has been discharged
under other than dishonorable conditions.

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