11.0401 Definitions.

Cite as [A.S.A.C. § 11.0401]

The following definitions apply throughout this Manual unless clearly indicates another meaning:

ABANDONMENT OF POSITION – Failure of an Employee to report for duty or to return from leave for five or more consecutive work days.

ACCRUED LEAVE – Leave earned by an employee during the current leave year that is unused at any given time during that leave year.

ACCUMULATED LEAVE – Unused leave remaining to the credit of an employee at the beginning of a leave year.

ACTING APPOINTMENT – A temporary appointment made from within LBJ-ASMCA to a supervisory or managerial position.

ADMINISTRATIVE LEAVE – Leave which is proclaimed by the Governor. This would cover such items as national days of mourning, natural disaster, power failures, etc. Only the Governor is authorized to grant administrative leave.

AGENCY – A department, office, or other separate unit or division of LBJ-ASMCA established by law or the Chief Executive Officer, upon which is conferred powers and imposes duties in connection with operations of LBJ-ASMCA.

ANNUAL LEAVE – Leave as authorized absence from duty with pay to allow an employee an annual vacation period for rest and relaxation and to provide time off for personal reasons. The use of annual leave must be officially authorized prior to being taken.

APPEAL – Response to an adverse action against an employee. The right of appeal extends to such actions as classification decisions, disciplinary actions, actions of alleged discrimination and such other actions as provided for in this manual.

APPOINTING AUTHORITY – The person that is lawfully authorized to make appointments. The appointing authority for the LBJ American Samoa Medical Center Authority is the Chief Executive Officer (CEO).

AREA OF COMPETITION – The area from which candidates for vacancies or examinations are drawn. Areas of competition can be limited to a single agency or to ASG upon approval of the Chief Executive Officer.

LBJ-ASMC – For the purposes of this manual, LBJ-ASMCA means LBJ-American Samoa Medical Center Authority. BASIC SALARY RATE – The dollar amount of the step of the salary range to which an employee is paid at before any deductions. BOARD – As used in this Manual, is the Governing Board of Directors which hears and renders decision on all appeals filed by employees. BUMPING – The replacement of an incumbent, subject to reduction-in¬ force by another employee who has higher seniority.

CAREER LADDER – The type of position structure within an organization, for occupational field which provide for the assignment of higher level of duties and responsibilities upon an employee assumption of the required knowledge’s and abilities so that upward mobility is available from entry-level or trainee positions to senior or specialist positions. Such position patterns provide for increased career development opportunities for employees but at the same time must meet the organization’s needs and objectives.

CAREER SERVICE – Includes all employees of LBJ ASMCA except contract specialist. All career service employees are members of the ASG Employees’ Retirement Fund.

CERTIFICATION – A process whereby employees who have passed the examination for a given class are eligible to be considered for vacancies in that class.

CLASS – Identification of a position or a group of positions sufficiently similar in duties so that the same requirements of training, experience, skills, and salary range may be applied.

COMPENSATORY TIME – Time off in lieu of cash payment for overtime.

COMPETITIVE PERSONNEL ACTION – Type of personnel action which can be effected only if applicable competitive procedures (i.e., those governing advertising examining) have taken place.

CONFLICT OF INTEREST – A situation in which an employee’s private interests, usually of an economic nature, conflict or raise a reasonable question of conflict with his public duties and responsibilities. The potential conflict is of concern whether it is real or apparent.

CONTRACT SPECIALIST – A person who has entered into an agreement with the LBJ American Samoa Medical Center Authority to perform specified duties and responsibilities for a specific period of time.

DEMOTION – Change of an employee from a position in another class having a lower salary range.

DEPARTMENT – An independent entity---Executive Branch headed -¬----the Chief Executive Officer nominated by the Governing Board and confirmed by the Senate. This term includes departments, offices and agencies.

DESIRABLE QUALIFICATION – The levels of education and/or experience deemed Desirable or preferable for admission to the examination in lieu of or above and beyond fixed minimum qualifications.

DETAIL – The temporary assignment of an employee to a different position for a specified period with the employee returning to his regular duties at the end of the detail. Technically, a position is not “filled” by a detail, as the employee continues to hold the position from which the employee is detailed.

DIRECTOR – As used in this manual, the Chief Executive Officer of LBJ-ASMCA.

DISABLED VETERAN – An individual who has served on active duty in the armed forces of the United States, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits or pension because of a public statute administered by the Veteran’s Administration or a military department of the United States.

DISMISSAL – The termination of employment of a permanent employee or contract specialist for cause or of probationary employee as

specified in this manual.

DIVISION – As used in this Manual, the Human Resources Division.

DOUBLE TIME PAY – Pay which is twice the regular rate of pay of an employee.

ELEVATION – Restoration of an employee to the original classification, with permanent status, which the employee held prior to having been granted a voluntary demotion.

ELIGIBLE – An applicant whose name is on a register of persons who qualified for a particular class of position.

EMERGENCY APPOINTMENT – An appointment to a position pending the establishment of a register for that -------------not to exceed six (6) months.

EMPLOYEE – Any individual who works for LBJ-ASMCA under the Appointing Authority of the Chief Executive Officer.

EXCUSED ABSENCE – An absence from duty, duly authorized the supervisor or Chief Executive Officer, without charge to annual leave or loss of pay or service credit and which is authorized for such circumstances as jury duty, military training, voluntary blood donation, or any other good cause as approved by the Chief Executive Officer and reaffirmed by LBJ¬ASMCA Governing Board.

EXECUTIVE UNGRADED POSITIONS – Those positions of cabinet rank within the Executive Branch and Special or Executive Advisors to the Governing Board.

EXEMPT POSITION – Any position designated as exempt from the overtime provisions of the Fair Labor Standards Act. Professional executive and administrative positions are usually exempt and such positions are coded “E” in the job codes.

FAIR LABOR STANDARD ACT (FLSA) – A U.S. Law that contains provisions and standards concerning minimum wage, equal pay, overtime pay, recordkeeping and child labor. The Act is administered by U.S. Department of Labor’s Wage and Hour Division.

FULL-TIME EMPLOYMENT – Regularly scheduled employment requiring an average of 40 hours of work per week. However, for certification from a register, work between 32-40 hours per week shall be considered full-time.

FURLOUGH – Placing an employee on leave without pay because of lack of funds or curtailment of work when it is intended to recall him to duty within one year, or thirty days if it is a short furlough, and to recall him to the position he held at the time of furlough.

GOVERNMENT (ASG) – For the purpose of this manual ASG means the American Samoa Government.

GRIEVANCE – An Employee’s expressed feeling of dissatisfaction with aspects of the employee’s working conditions and working relationships which are outside of the employee’s control. A grievance is not an appeal.

HOLIDAYS – Days set aside to celebrate a religious, state or other event for which LBJ-ASMC employees receive time off with pay. Holidays are established by law or are designated by the Governor.

INCENTIVE AWARDS – Recognition for employees who demonstrate exceptional resourcefulness or skills or perform exceptional acts. Procedural guidelines and evaluation selection are to be developed by the Chief Executive Officer.

INCUMBENCY ONLY POSITION – A position which when vacated by the current Incumbent (i.e., the employee currently filling the position) shall not be filled again.

INTERMITTENT EMPLOYMENT – Means when actually employed for which payment of compensation is restricted to time actually worked. The intermittent provision may apply to any type of appointment.

INTERVENING SALARY STEPS – All increments steps in a salary range except the lowest and highest.

JOB CODE – A four digit code designating a class in terms of its exempt or non-exempt status, salary structure to which assigned, grade level and job family.

JOB FAMILY – A group of related series of classes of positions such as clerical, personnel engineering or education, etc.

LEAVE WITH PAY – Authorized absence from duty with compensation.

LEAVE WITHOUT PAY – Authorized absence from duty without compensation, exclusive of suspension or absence without leave (AWOL). Total time involved may not exceed one year.

LEAVE YEAR – The period beginning with the first day of the first complete pay period in January and ending with the last day of the last pay period in December.

MATERNITY LEAVE – Approved absence because of incapacitation related to pregnancy and confinement. It is chargeable to sick leave or any combination of sick leave, annual leave and leave without pay in order given.

MINIMUM QUALIFICATION – The training, experience and other qualifications established for a given class and required of an applicant for admission to the examination for that class.

NON-COMPETITIVE PERSONNEL – Type of personnel action which does not require a qualified employee to formally compete with others in order for the personnel action to be effected.

NON-EXEMPT POSITION – Any position designated and subject to the overtime provisions of the Fair Labor Standards Act, shall be coded “N” in the job code. If an employee in the job code. If an employee in such position is required to work more than 40 hours per week, any hours worked above this number will be paid at the rate of one and half times the regular rate. The regular rate is not necessarily the same as the classification or base salary rate.

NON-STANDARD WORK WEEK – Irregular or indeterminate hours worked by Employees, the nature of whose duties commonly or frequently precludes successful job completion in standard work weeks over a prolonged period.

OUTSIDE WORK – All gainful employment other than the performance of official duties. It includes, but is not limited to, self-employment working for another employer, the management or operation of a private business for private again.

OVERTIME – Any hours in excess of 40 hours per week during a regular work week shall be considered overtime.

PART-TIME EMPLOYMENT – Any employee that works less than 32 hours per work week shall be considered part-time.

PAY ADJUSTMNT – Change in rate of compensation due to revision of salary schedules of LBJ American Samoa Medical Center Authority or for reasons not covered elsewhere.

PERIODIC INCREMENT DATE – The date established in accordance with the Merit System rule on which an employee is entitled to the next salary step increment within his range as stated in the compensation plan.

PAY PERIOD – A two-week period which starts on a Sunday in the first week and ends on Saturday of the second week.

PERMANENT EMPLOYEE – An employee appointed without time limitation in the career service who has successfully completed a probationary period.

POSITION – A group of duties and responsibilities. A position may be filled or vacant, full-time or part-time, temporary or permanent.

POSITION DESCRIPTION – A written description of each group of duties and responsibilities constituting a “position”.

PREFERENCE ELIGIBILITY – A U.S. Citizen or a U.S. National who is a veteran as defined in this Manual or a disabled veteran as defined in the Manual is entitled to receive preference points during he hiring process.

PREMIUM PAYMENT – Wage payment over and above the basic salary rate for extraordinary conditions of employment, such as overtime and special tours of duty.

PROBATIONARY PERIOD – The trial period of employment following certification and appointment to, or re-employment in, the career service and continuing for one year.

PROMOTION - A change of an employee from a position in one class to a position in a class having a higher salary range.

REASSIGNMENT – Movement of an employee from one position to another in another or same division which does not involve a change in grade or basic rate of compensation. This also include movement from one salary schedule to another.

REDUCTION IN FORCE – A separation from service because of lack of fund and/work and/or reorganization and without cause on the part of the employee.

REGISTER – A list of eligible names established for employment or re-employment in a class.

REGULAR RATE OF PAY – The total remuneration for employment which includes the basic salary rate and such other direct payments as allowed by FLSA and which is the basis for establishing overtime and holiday pay. The regular rate of pay is usually expressed on an hourly basis.

REINSTATEMENT – Appointment of an employee who has previously successfully completed one year probationary period: reinstatement may be made non-competitively without regard to registers of eligible to a position at the same or lower grade level and requiring essentially the same qualifications as that in which the employee previously served.

RESIGNATION – A voluntary separation from employment.

REVERSION – Voluntary or involuntary movement of an employee during a six month trial service period to the lower class which held prior to last promotion.

SALARY RANGE – A sequence of minimum, intervening and maximum dollars amounts assigned to a specific class.

SCREENING COMMITTEE – Consists of three American Samoa Medical Center Authority employees who have been appointed by the Chief Executive Officer to objectively review applications for classes of positions classified at Grade 9 and above for written or comprehensive written oral or performance examination -------- evaluation, experience and training recorded or an application against the minimum qualifications officially established for the class and rank the applicants in the order of best qualified.

SELECTING AUTHORITY – The Authority to select individuals for positions. Selecting Authority differs from appointing Authority in that the former can select individuals for employment but not offer them a position. The offer must come from the Appointing Authority in order to be official.

SELECTIVE CERTIFICATION – The certification of eligible possessing the special qualifications required for a specific position.

SICK LEAVE – Absence from duty because of illness or other disability or exposure to contagious disease. The use of sick leave must be officially documented upon return to duty.

STANDARD WORK DAY – An assigned eight-hour work period.

STANDARD WORK WEEK – Forty-hours divided into five regularly assigned eight-hour days within a seven day period.

SUPERVISOR – Any individual having substantial responsibility on behalf of management to regularly participate in performance evaluation of all or most of the following functions over at least three employees. A Supervisor may initiate and recommend actions on promotion, inter-lateral transfer of employees, suspension of employees, and handles employee grievances at the lowest level. A Supervisor is required to exercise independent judgment in carrying out supervisory duties.

SUSPENSION – An enforced absence without pay for disciplinary purposes.

TEMPORARY EMPLOYMENT – Employment during the absence of a permanent employee on leave; or for work done at a workload peak and normally lasting for less then six (6) months but not exceeding one year.

TERMINATION – Separation from employment for reasons beyond the control of the employee.

TIME AND ONE-HALF PAY – Pay which is one and one-half times the regular rate of pay.

TRIAL SERVICE PERIOD – A six-month trial period of employment of a permanent-employee beginning with the effective date of a promotion or demotion.

UNDERFILL – The filling of a position with an employee in a lower related class in the absence of an adequate eligible register for the positions classification.

VETERAN – An individual who has served on active duty in the armed forces of the United States for a period of not less than 180 consecutive days (other than for training) and who has been separated from the armed forces under honorable conditions.

WORK WEEK – A regular recurring period of 168 hours in the forms of seven consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day and needs not be the same for all agencies and all employees.

History: Rule 06-98, eff. Mar. 3, 1999