1901 Employment Separations

Georgia State Seal

Georgia Department of Human Services
Human Resources Policy #1901

Employment Separations

Release Date:

December 15, 2010

Revised Date:

June 11, 2020

Next Review Date:

References:

Georgia Department of Labor
State Personnel Board Rule 478-1.28 — Voluntary Separations for Classified Employees
DHS Human Resources Policies Identified Below

Separations from employment may be voluntary or involuntary depending upon the specific circumstances. The Georgia Department of Labor Separation Notice (DOL-800) must be provided to all DHS employees who separate from State employment, and copies are to be maintained in the employees' official personnel file. Instructions for completion are included on the reverse side of the Separation Notice. Please see Attachment #2 of this policy to access the notice.

Section A: Resignation

  1. Employees who resign from employment should provide written notice. Generally, a two-week notice is recommended. The date of resignation is effective upon receiving notice and can be changed with supervisory approval. Supervisors should notify employees in writing of acceptance and confirmation of resignations as soon as possible.

Section B: Retirement

  1. Employees who have selected a retirement date and have received confirmation from the Employees' Retirement System should advise their supervisors and Office of Human Resources (OHR) of the retirement date as soon as possible. Supervisors should be given at least thirty (30) calendar days advance notice.

Section C: Classified Employee Voluntary Separations

  1. Presumptive Resignation – Classified employees who are absent from work for five (5) consecutive workdays or the equivalent of a scheduled workweek without proper authorization may be considered to have voluntary resigned from employment. Employees must be notified in writing of the voluntary separation and advised of their appeal rights to the State Personnel Board.

  2. Failure to Return from Leave of Absence – Classified employees who do not return to work at the expiration of a leave of absence may be considered to have voluntarily resigned from employment. Employees must be notified in writing of the voluntary separation and advised of their appeal rights to the State Personnel Board.

  3. Suitable Vacancy Not Available – Classified employees must be separated from employment if a suitable vacancy is not available at the expiration of a contingent leave of absence without pay. Employees should be notified in writing of the voluntary separation. No appeal rights to the State Personnel Board are provided.

  4. Forfeiture of Position – Classified employees may be considered to have voluntary forfeited their positions if they:

    1. Fail to secure or maintain a license, certificate or registration required by law or appropriate regulatory authority for the performance of the employee’s duties.

    2. Engage in conflicting employment in violation of the Rules of State Personnel Board.

    3. Engage in political activity in violation of the Rules of State Personnel Board; or,

    4. Make a false statement of material fact on an application for employment, or an examination.

      Employees must be given written notice of forfeiture of position and advised of their appeal rights provided in the Rules of the State Personnel Board. Please note the notice requirement for forfeiture of position is the same as that required for an adverse action.

  5. The Office of Human Resources (OHR) should be contacted prior to initiating any of the above voluntary separations of classified employees.

Section D: Classified Employee Involuntary Separation on Working Test

  1. Classified employees who do not successfully complete the working test period following interdepartmental transfer may be separated from employment under the following conditions. Please refer to DHS Human Resources Policy #1101—Classification and Compensation for additional information.

    1. If employees have fewer than five (5) years of continuous State employment, they can be separated at any time during the working test period.

    2. If the employees have at least five (5) years of continuous State employment, and the last job in which they have permanent status on a lower pay grade is not utilized by DHS, they can be separated at any time during the working test period.

    3. Employees must be notified in writing of the separation no later than the calendar day prior to the effective date of separation.

    4. The separation cannot be appealed except as otherwise provided by the Rules of the State Personnel Board.

  2. Classified employees who are working on test due to promotions may be separated from employment due to disciplinary reasons as described in Section G below.

Section E: Unclassified Employee Involuntary Separation

  1. Unclassified employees are hired and retained by the Department “at will.” They may be separated from employment at any time at the discretion of the Department. (See Section H for exceptions)

    1. Unclassified employees must be notified of the involuntary separations in writing. Please refer to DHS Human Resources Policy #1602 — Unclassified Employee Disciplinary and Dismissal Actions for specific procedures and guidelines regarding information to be provided.

    2. If unclassified employees are to be separated due to staff reduction, please refer to DHS Human Resources Policy #1905 — Staff Reduction.

    3. Supervisors and Managers must consult with the OHR Compliance Management Section prior to separating unclassified employees.

Section F: Reduction in Force (RIF) of Classified Employees

  1. Employees may be separated from employment based on a RIF due to shortage of work or funds, abolition of a position, material changes in duties or organization, or otherwise. Affected employees must be given written notice of a RIF action at least thirty (30) calendar days before the effective date, and the procedures set forth in the State Personnel Board Rule must be followed. Please refer to DHS Human Resources Policy #1905 — Staff Reduction for specific information on Reduction in Force.

Section G: Dismissal of Classified Employees for Disciplinary Purposes

  1. Specific procedures outlined in the Rules of the State Personnel Board must be followed in order to dismiss classified employees for disciplinary purposes. OHR must be contacted prior to proposing the dismissal of classified employees who have permanent status.

Section H: Involuntary Separation Retirement Law

  1. Employees who first established membership in the Employees' Retirement System prior to April 1, 1972 and who have a minimum of 18 years of State employment may have involuntary separation rights under the Retirement Law. Please refer to DHS Human Resources Policy #1904 — Involuntary Separation Retirement Benefits for specific information.

    1. State Law requires that specific procedures be followed in order to separate employees with involuntary separation rights.

    2. The OHR Director must be contacted prior to taking separation action against employees who may have involuntary separation rights.

Section I: Notification & Human Resources Information Systems Entries

  1. Supervisors must create a requisition in HR PASS for the separating employee, whether voluntary or involuntary. This should be done as soon as possible to ensure overpayments do not occur.

    1. In the case of a voluntary separation, the requisition should be created when the supervisor receives the resignation letter.

    2. In the case of an involuntary separation, the requisition should be created immediately after the employee receives their separation notice.

  2. Upon completion of the requisition in HR PASS, the assigned Human Resources Representative (HRP) will complete an Electronic Personnel Action Request (e-Par).

  3. Upon completion of the e-Par, the appropriate data transactions representative will enter the separation into PeopleSoft.

  4. Managers are subject to disciplinary action when the requisition is not completed in accordance with these provisions.

  5. Appropriate reason codes for separation are to be entered into HR PASS and PeopleSoft for tracking purposes. Frequently used codes include:

    1. DIS [Dismissal] entry code should be used when employees are separated for reasons directly related to inappropriate conduct or performance deficiencies. This code should also be used when separating unclassified employees under circumstances that would warrant presumptive resignation for classified employees.

    2. RLS [Release] entry code should be used when employees are separate due to no fault of their own. This code should only be used to terminate unclassified employees. Examples of such terminations include:

      1. Budgetary constraints or reduction.

      2. Downsizing.

      3. Reorganization; or,

      4. Termination of program.

    3. LVE [Failure to Return from Leave] entry code should be used when employees are separated for failing to return from a leave of absence.

  6. Supervisors are to review employees' work performance, behavior, and the reasons for separation to determine if it is appropriate to enter a recommendation that the employee is not rehired.

    1. In some circumstances, employees who are separated from employment are not to be re-employed. Please refer to DHS Human Resources Policies: #504 — Criminal History Record Checks, #1301 — Alcohol and Drug-Free Workplace and #1302 — Alcohol and Drug Testing Programs for mandatory disqualifications from re-employment.

    2. Each circumstance, other than those requiring mandatory disqualification from re-employment, is to be reviewed on a case-by-case basis, in consultation with OHR.

    3. If it is determined appropriate to enter a recommendation that employees are not re-employed, “No Rehire” is to be selected on the e-PAR.

    4. Documentation of the reason(s) supporting the request for “No Rehire” must be available upon request.

For additional information or assistance, please contact your local Human Resource Office, or email DHS-Policies@dhs.ga.gov.