Public Services System Rules & Regulations

Home > Our Services > Public Services System Rules & Regulations

Public Services System Rules & Regulations

1. Purpose and Scope

1.1 Purpose and Scope

These regulations implement the provisions of the National Public Service System Act of division 1 of title 33 of the Palau National Code, which establishes a Public Service System in the National Government of the Republic of Palau. The Public Service System shall be a career service, based on merit principles, and free from discrimination, coercion, reprisal, or political influence. It shall be designed to attract, select, and retain the best individuals available, with incentives for competent and loyal employees, and a means to eliminate unnecessary and inefficient employees. The Public Service shall, at all times, provide efficient and impartial service to the public, the employees, and to management

1.2 Definition

1.3 Coverage

1.4 Application

1.5 Limitations

2. Organization and Administration

2.1 The National Civil Service Board

2.2 APPROPRIATE MANAGEMENT OFFICIALS

2.3 DULY APPOINTED APPROPRIATE MANAGEMENT OFFICIALS

3. Examinations & Evaluations

3.1 AUTHORIZED POSITIONS AND EXAMINATIONS

3.2 ACCOUNTABILITY OF POSITIONS

3.3 EXAMINATION NOTICES

3.4 CONTENT OF EXAMINATION NOTICES

3.5 PERIOD OF ANNOUNCEMENT

3.6 CONTINUOUS NOTICE OF EXAMINATIONS

3.7 PROMOTIONAL EXAMINATIONS

3.8 OPEN-COMPETITIVE EXAMINATIONS

3.9 CONTENT OF EXAMINATIONS

3.10 SECURITY OF EXAMINATIONS

3.11 ADMISSION TO EXAMINATION

3.12 DISQUALIFICATION OF APPLICANTS

3.13 NOTIFICATION OF ACCEPTANCE FOR EXAMINATION

3.14 CONDUCT OF EXAMINATION

3.15 CANCELLATION OF EXAMINATIONS

3.16 RATING OF EXAMINATIONS

3.17 REVIEWS OF EXAMINATION RESULTS

3.18 CHANGE IN RATING

3.19 CERTIFICATION FROM ELIGIBLE LISTS

3.20 PHYSICAL EXAMINATIONS

3.21 MEDICAL EXAMINATIONS

3.22 ADMINISTRATION OF PHYSICAL AND MEDICAL EXAMINATIONS

4. Eligible List

4.1 ESTABLISHMENT OF ELIGIBLE LISTS

4.2 DURATION OF ELIGIBLE LISTS

4.3 PROMOTIONAL LIST

4.4 OPEN COMPETITIVE LIST

4.5 PROCEDURE WHEN ELIGIBLES ARE REQUIRED

4.6 REMOVAL OF NAMES FROM ELIGIBLE LISTS

4.7 DEPARTMENTAL PROMOTION REQUESTS

5. Certification and Appointment

5.1 CERTIFICATION OF ELIGIBLES

5.2 TYPE OF POSITION AND APPOINTMENTS

5.3 OTHER POSITIONS

5.4 APPOINTMENTS

5.5 PROVISIONAL APPOINTMENTS

5.6 EMERGENCY APPOINTMENTS

5.7 PROHIBITION OF NEPOTISM

6. Outside Employment and Other Activities

6.1 OFF-DUTY ACTIVITIES

6.2 PROHIBITED ACTIVITIES WITHIN THE PUBLIC SERVICE

6.3 VIOLATION PENALTIES

7. Outside Employment and Other Activities

7.1 POLICY

7.2 DEFINITIONS

7.3 RESPONSIBILITIES

7.4 EXTERNAL TRAINING

7.5 PAYMENT OF COSTS

7.6 SUPPORT FOR TRAINING

7.7 EVALUATION OF TRAINING

8. Outside Employment and Other Activities

8.1 RESIGNATION

8.2 TERMINATION FOR MEDICAL REASONS

8.3 REDUCED WORK TIME

8.4 REDUCTION-IN-FORCE

8.5 EXIT INTERVIEW

9. Outside Employment and Other Activities

9.1 PURPOSE

9.2 COVERAGE

9.3 RESPONSIBILITIES

9.4 DUE DATES

9.5 CATEGORIES OF RATINGS

9.6 IMPACT OF RATINGS

10. Incentive Awards

10.1 PURPOSE OF PROGRAM

10.2 STIMULATING PARTICIPATION

10.3 CONTRIBUTIONS AND AWARD CATEGORIES

10.4 SUGGESTION AWARD

10.5 SUPERIOR PERFORMANCE AWARD

10.6 SPECIAL ACT OR SERVICE AWARD

10.7 DOCUMENTATION

10.8 INCENTIVE AWARDS

10.9 AWARD SCALE

10.10 HONORARY AWARDS

11. Dismissals, Demotion and Suspensions

11.1 ACTIONS COVERED

This Part applies only to dismissals, demotions and suspensions of employees by management officials.

11.2 AUTHORITY TO DISMISS, DEMOTE OR SUSPEND

The authority to dismiss, demote or suspend has been granted to management officials, meaning the Chief Justice of the Supreme Court, and the President of the Republic of Palau, or persons duly appointed by them to manage employment and personnel matters within their respective branches of the national government or departments thereof, by 33 PNC 425. This authority may not be further delegated or re-delegated.

11.3 EMPLOYEE COVERAGE

This Part applies to all employees of the national government of the Republic of Palau not exempt under 33 PNC 205.

11.4 MERIT OF ACTION

An adverse action may not be taken against an employee covered by this Part except for disciplinary purposes, incompetency, or other reason provided for by these regulations. Each of the following constitutes cause for discipline of an employee covered by this Part:

Fraud in securing appointment;
Inexcusable neglect of duty;
Insubordination;
Dishonesty;
Drinking or drunkenness on duty;
Intemperance;
Addiction to the use of narcotics or habit-forming drugs, when such use is detrimental to an employee’s job performance;
Inexcusable absence without leave;
Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this Part;
Discourteous treatment of the public or other employees;
Misuse of government property;
Violation of Board or Bureau of Public Service System rules and regulations;
Refusal to take and subscribe to an oath or affirmation which is required by law in connection with his employment;
Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to his agency or his employment;
Use of official position or governmental property for private gain or profit;
The prohibited activities as set forth in Parts 6.1. and 6.2. of these regulations.

11.5 PROCEDURES FOR TAKING ADVERSE ACTIONS

The management official must observe certain procedural requirements when processing an action covered by this Part. These procedural requirements are as follows:

( a ) Suspensions and Temporary Demotions.

The management official may suspend or demote any employee for less than three working days, whether consecutively or not, with written notice as set forth in Sub-Part 11.6. Such suspension or demotion may take effect immediately. In such case, in addition to a copy of the pertinent personnel action, a copy of the written notice must be placed in the employee’s appropriate folder within two working days of its delivery to the employee.
The management official may suspend or demote an employee for three working days or more, whether consecutively or not, to take effect as designated in the written notice as provided for in Sub-Part 11.6.; provided that within two working days of its delivery to the employee, a copy of that notice is on file in the employee’s adverse action folder.
The management official may suspend an employee immediately pending an investigation or hearing of any charge against him, to take effect or designated in a notice of suspension for investigation or hearing; provided that within two working days of its delivery to the employee a copy of that statement is on file in the employee’s adverse action folder.
Where such a suspension is made and the charge subsequently dropped or not substantiated, the employee shall be reinstated in his position without loss of pay and other benefits. Where the charge against the employee is substantiated and the disciplinary action is one of suspension:
- And the disciplinary suspension is less than the time on suspension for investigation or hearing, the employee shall be so notified in accordance with Sub-Part 11.5. (a)(l) or (2) of these regulations, whichever is appropriate, and shall be reinstated in his position without loss of pay and other benefits for all time on suspension for investigation or hearing in excess of the duration of disciplinary action suspension.
- And the disciplinary suspension is equal to the time on suspension for investigation or hearing, the employee shall be reinstated in his position, provided he had been notified of thedisciplinary suspension in accordance with Sub-Part 11.5. (a)(l)
  or (2) of these regulations, whichever is appropriate.
- And the disciplinary suspension exceeds the time on suspension for investigation or hearing, the employee shall be notified of the disciplinary action suspension in accordance with Sub-Part 11.5. (a)(l) or (2), of these regulations, whichever is
  appropriate, and shall be credited for the disciplinary action suspension period with all time on suspension for investigation or hearing, and shall be continued on disciplinary suspension until the total disciplinary action suspension is realized.
- And the disciplinary action of demotion is taken following a suspension for investigation or hearing, the employee shall be reinstated in his position without loss of pay and other benefit resulting from the suspension for investigation or hearing, pending compliance with Sub-Part 11.5. (b) of these regulations.
- And the disciplinary action taken following a suspension for investigation or hearing is dismissal, the employee shall be continued on suspension pending the completion of the ten working days notice period, and compliance with Sub-Part 11.5. (b) of these regulations.

( b ) Dismissal and Permanent Demotion. The management official may
dismiss or demote an employee provided that at least ten working days before
the effective date of the dismissal or demotion, the employee is delivered a
written notice, as set forth in Sub-Part 11.6. of these regulations.

( c ) Contesting Suspension. Dismissal or Demotion. Any regular employee may contest a suspension for more than three working days, demotion or dismissal to the Board and the Trial Division of the Supreme Court, provided he is in compliance with the provisions of Part 12 of these regulations.

11.6 CONTENT OF WRITTEN NOTICE

The written notice letter of adverse action must be dated and must notify the employee of a specific action. It shall include the following:

( a ) The name, address, employing department, and position title of the employee, as recorded in the employee’s official personnel folder.

( b ) The reasons supporting the action, specifically, and in detail, including names, times and places. The letter should be self-contained, so that a person unacquainted with the facts and circumstances involved can obtain from the letter a clear understanding of the reason(s) for the action which are related to the charges. The letter must also include a detailed statement of any part of the employee’s past record which the management official considered in determining severity of the action.

( c ) The letter must inform the employee that he is entitled to review all the material relied on by the management official to support the reason(s) specified in the letter, including material relevant to the employee’s past record if that record forms part of the basis for the action. The notice must inform the employee where he may review such material. The above requirement means that the management official cannot use any material to support its reason(s) which, because of security or other considerations, cannot be disclosed to the employee or his designated representative.

( d ) When applicable the notice must inform regular employees of their right to a hearing and right of appeal to the Board and the Trial Division of the Supreme Court pursuant to 33 PNC 426 and Part 12 of these regulations. The notice must also inform the employee of where a copy of these Public Service System Regulations is available for his information.

11.7 PREPARATION AND REVIEW OF WRITTEN NOTICE OF ADVERSE ACTION

The written notice of adverse action must be prepared by the appropriate management official and may be reviewed before issuance by the Attorney General or his designee.

11.8 DELIVERY OF WRITTEN NOTICE

A written notice of adverse action to the employee shall preferably be delivered to him personally. His written acknowledgment of its receipt shall be obtained by his signature and date, entered at the end of the last page of the written notice; provide, however, that written acknowledgment is not necessary if the employee refuses to acknowledge in writing.

( a ) Delivery may also be effected by certified or registered mail, return receipt
requested, properly addressed to the employee at his last known address, and in such case the notice shall be deemed to be given when received, or five (5) days from the date of mailing, whichever first occurs.

( b ) Delivery may also be effected by delivery to any person over the age of eighteen (18) years found at the residence of the employee.

( c ) In each case, the person effecting delivery shall certify to the time, date, and manner thereof, and shall affix his signature to such certification. If an
employee refuses to acknowledge such notice, the person effecting delivery
shall certify such refusal in writing.

( d ) In computing the advance notice period, where required by Sub-Part ll.S.(b) of these regulations, the day on which the notice is delivered is not counted.

11.9 DUTY STATUS

An employee against whom an action of dismissal or demotion is taken may be retained in an active duty status during the notice period, if the management official believes retention of the employee in an active duty status is warranted. When circumstances are such that the retention of the employee in an active duty status in his own position may result in damage to government property, or may be detrimental to the interests of the government or the employee’s fellow workers or the general public, the employee may be temporarily assigned to duties in which these conditions will not exist. If an employee cannot be kept in an active duty status during the notice period, either in his regular position or through temporary assignment to another position, the employee may be placed in a nonduty status with or without pay for the ten (10) working days’ notice period.

11.10 SEPARATION DURING INITIAL PROBATIONARY PERIOD

If, during the six month initial probationary period which each new appointee must serve, it becomes evident that the employee lacks the ability, attitude, or desire to become an efficient and productive employee in the position to which appointed, that employee shall be separated from the service.

(a) Management officials who find it necessary to separate an employee during probation shall provide the employee with not less than five (5) working days’ advance notice, in writing, specifying the reasons for the separation. The employee shall be afforded the right to discuss his situation with the management official proposing the separation.

(b) Probationary employees are not entitled to appeal their suspensions, demotions, or dismissals to the Trial Division of the Supreme Court.

11.11 INITIATING PERSONNEL ACTIONS

As soon as practicable following delivery of the notice of action, it is the responsibility of the management official to initiate a personnel action appropriate to the action taken.

11.12 TERMINATION FOR CAUSE

Any employee who is terminated for cause as defined in Sub·Part 11.4. of these regulations, shall not be considered for reemployment in the Public Service System for a period of six (6) months from the effective date of his termination.

11.13 RACIAL, RELIGIOUS, OR POLITICAL CONSIDERATION BARRED

No person holding any position in the national Public Service shall be suspended, demoted, or dismissed from his position on account of sex, marital status, race, religious or political affiliation, or place of origin.

12. Appeals to the Director and Supreme Court

12.1 CONTESTING SUSPENSIONS FOR NO MORE THAN THREE WORKING DAYS

Any regular employee who has been suspended for no more than three working days, may contest his suspension in writing to the Director of the Bureau of Public Service System within ten calendar days of the notice of the suspension. Upon receipt of an employee’s written appeal, the Director shall review the employee’s reasons for appeal and issue his decision in writing within five working days of receipt of the appeal. The decision of the Director on these matters is final.

12.2 CONTESTING SUSPENSIONS OVER THREE DAYS, DISMISSALS, AND DEMOTIONS TO THE BOARD

An employee may contest his dismissal, demotion or suspension of over three days to the Board as follows:

(a) Employees May Contest Suspension. Dismissal or Demotion through Administrative Hearing. An employee who is suspended for more than three working days, dismissed or demoted shall have the right to appeal to the Board and request an administrative hearing before an impartial hearing panel of the Board composed of three hearing officers who shall be either members of the Board, qualified hearing officers, or a combination of both. At least one member of the hearing panel must be a member of the Board. Hearing officers shall be designated by the Chairman of the Board. The request for a hearing shall be made within 14 calendar days of receipt of written notice of adverse action, through a letter to the Chairman.

(b) Calling of the Hearing. When an administrative hearing is requested the Chairman shall convene the impartial hearing panel and designate the time and place for the hearing. Such hearing shall take place within ten working days from the receipt of the request. The employee and the responsible management official shall each have the right to present evidence, and to be represented by counsel of his or her own choosing. The impartial hearing panel shall examine and hear all witnesses testimony, documents, and evidence in the matter. At the hearing, technical rules of evidence shall not apply, and the evidence taken may be taken stenographically or by recording machine.

( c ) Representation. When an appeal hearing is before the Board, the Attorney General or his/her designee shall represent the government.

(d) Decision Based on Hearing. Within 60 calendar days of the hearing, the hearing panel shall put its findings of fact and final decision in writing and give a copy of its decision to the employee and the appropriate management official involved, and shall file a copy in the employee’s adverse action folder. If the hearing panel finds that the action is not justifiable, the Board shall either order that the employee be reinstated in his or her position and compensated for lost salary, or modify the action of the management official if it finds the circumstances of the case so require, and, thereupon, order such disposition of the case as it may deem just and proper. If the Board finds that the action is justifiable, the Board shall sustain the action of management. An employee who fails to appeal to the Board within the time prescribed in this section may not bring an action in any court to contest his suspension, dismissal or demotion.

12.3 CONTESTING SUSPENSIONS OF OVER THREE DAYS, DISMISSALS, AND DEMOTIONS TO THE COURT

An employee may contest his dismissal, demotion or suspension of over three

working days to the Trial Division of the Supreme Court as follows:

(a) Any regular employee who is suspended for more than three working days, or dismissed or demoted, may bring an action for reinstatement and loss of pay in the Trial Division of the Supreme Court within 60 calendar days after written notice of the decision of the Board in the government’s favor.

(b) If the court finds that the reasons for the action are not substantiated in any material respect, or that the procedures required by law or regulation were not followed, the court shall order that the employee be reinstated in his position, without loss of pay and benefits. If the court finds that the reasons are substantiated or only partially substantiated, and that the proper procedures were followed, the court shall sustain the action of the management official, provided that the court may modify the action of the management official if it finds the circumstances of the case so require, and may thereupon order such disposition of the case as it may deem just and proper.

13. Employee View Presentation

13.1 PURPOSE

This Part is established to allow employees or employee associations a reasonable opportunity to present their views to the government, free from restraints or reprisals in the exercise of this right, as authorized by 33 PNC 429.

13.2 EMPLOYEE COVERAGE

The following procedure covers all Public Service System employees, or employee associations and their representatives.

13.3 COVERAGE

Any matter of concern or dissatisfaction to an eligible employee regarding matters affecting his working conditions, status, or pay are covered unless exempted in Sub-Part 13.4.

13.4 MATTERS NOT COVERED

The procedure will not cover the following:

(a) An adverse action appealable under Part 11 and 12.
(b) A fitness-for-duty examination.
( c ) Nonselection for appointment, promotion, or reassignment from a group of properly ranked and certified candidates.
(d) Nonadoption of a suggestion or disapproval of a merit increase, performance award, or other kind of honorary discretionary award.

13.5 RIGHT TO SEEK ADVICE

Sometimes, an employee has a valid reason for not presenting his views to his immediate supervisor. The government, therefore, must provide opportunities for an employee to informally communicate with and seek advice from a supervisory or management official of higher rank than the employee’s immediate supervisor or the Director of the Bureau of Public Service System.

13.6 INFORMAL PROCEDURE

Before an employee can formally present his views to the Board under Part 13.7. of these regulations, he must show evidence of having pursued his views with a supervisor, the Director of the Bureau of Public Service System, or appropriate management official informally.

(a) An employee may present his views to his supervisor, the Director or an appropriate management official concerning a continuing practice or condition at any time. He must present his views concerning a particular act or occurrence within ten working days of the date of that act or occurrence or the date he became aware of the act or occurrence.

(b) An employee may present his views under the informal procedure, either orally or in writing to his supervisor, the Director or an appropriate management official.

( c ) Supervisors, an appropriate management official or the Director have an obligation to accept an employee’s views and to act promptly and fairly on the issue or issues presented. Informal settlement requires that the supervisor, appropriate management official or the Director exhibit competence, mature judgment, and a true willingness to reach a satisfactory settlement.

(d) If the employee has a valid reason for not presenting his views to his immediate supervisor, he must present it to one of the persons designated in Part 13.5.

13.7 FORMAL PROCEDURE

If the employee is not satisfied by the supervisor’s, Director’s, or appropriate management official’s actions, he may forward his views to the Board. Entitlement to formal review is based on employee’s compliance with the following:

(a) The employee must explain his attempts to settle the issue informally,
(b) He must submit his views within the prescribed time limits,
( c ) He must present his views in writing,
(d) The letter must contain sufficient details to identity and clarity the issues, and
(e) The employee must specify the personal relief requested by him.

14. Political Activities: The political activities of person in the Public Service System shall be subject to the restrictions of this Part.

14.1 RIGHTS OF EMPLOYEES

All employees in the Public Service shall have the following rights:

(a) To vote for the candidates of their choice and to express their opinions as an individual privately and publicly on political subjects and candidates;
(b) Attend political rallies, fund raising functions or other political gatherings;
( c ) Sign political petitions as an individual;
(d) Display a political picture, sticker, badge or button;
(e) Make financial contribution to political parties or organizations;
(f) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise his efficiency or integrity as an employee or the neutrality, efficiency, or integrity of his agency.

14.2 PROHIBITIONS

Employees of the Public Service System shall not:

(a) Use their office or official influence to interfere with an election or to affect the results of an election,
(b) Use their official authority to coerce any person or political party in reference to any politically related activity,
( c ) Be obligated to contribute to any political fund or render service to any political activity,
(d) Solicit or receive political contributions from anyone while on government time or on government property,
(e) Campaign for any candidates for public office during working hours.

14.3 PENALTY

Any employee found guilty of a prohibited activity shall be subject to disciplinary action by the appropriate management official.

15. Position Classification

15.1 GENERAL

All employees in the Public Service shall have the following rights:

15.2 DEFINITIONS

Employees of the Public Service System shall not:

15.3 DIRECTOR RESPONSIBILITY

Any employee found guilty of a prohibited activity shall be subject to disciplinary action by the appropriate management official.

15.4 MANAGEMENT OFFICIALS AND SUPERVISORS RESPONSIBILITY

Any employee found guilty of a prohibited activity shall be subject to disciplinary action by the appropriate management official.

16. Compensation

16.1 GENERAL

All positions subject to the provisions of the National Public Service System, shall be compensated in accordance with applicable laws, rules and regulations.

16.2 COMPENSATION PLAN

The classes in the Position Classification Plan, when assigned to appropriate pay levels of the Uniform Base Salary Schedule as established by law, shall constitute the basic Compensation Plan.

The Director of the Bureau of Public Service System shall assign all classes in the Position Classification Plan to appropriate pay levels in the Base Salary Schedule in accordance with the following:

(a) Kind and level of work;
(b) Degree of difficulty and responsibility;
( c ) Kind, quality and level of qualification requirements;
(d) Relationship to other classes in its occupational group, and of its occupational group to other occupational groups; and
(e) Long-range recruitment market experience.

16.3 DEFINITONS

In addition to those definitions covered in Sub-Part 1.2, the following definitions shall apply in matters covered by this Part:

(a) “Salary Range” means the group of salary rates which span from minimum to maximum in each Pay Level of the Uniform Base Salary Schedule established by law.
(b) “Step” means a single increment or rate in a salary range.
( c ) “Service Anniversary Date” means the anniversary of the date of initial
appointment, or such other date as may be established by regulation.
(d) “Service Year” means satisfactory service rendered by an employee during a prescribed work year of twelve (12) months; provided, that unauthorized periods of absence and leaves without pay of the authorized limit of thirty (30) working days be made up so that a full year of actual service is rendered.

16.4 INITIAL APPOINTMENTS

All initial appointments shall be made at the first step of the appropriate pay level; unless for the purpose of facilitating the recruitment of professional and technically trained persons to fill positions for which there is a shortage of qualified applicants, a higher rate is necessary, in which case, appointment may be allowed at succeeding steps but not beyond the fifth step. Such appointments shall be approved by the Director. Anyone appointed at a step other than the minimum step is also eligible under these regulations for step increases in the same manner as other employees.

When a person is reemployed after a break in service of one or more days into a position in a class and pay level lower or higher than the one he previously held, his salary shall be set at the step of the new pay level closest to his previous salary but not to exceed the maximum step; provided, that the Board may certify any step beyond the fifth on a case by case basis. When a person is reemployed into his previous position, the step of his pay level shall remain the same as it was on the effective date of his prior separation from the Public Service. If a person re-enters the system into the same class he previously held, he shall serve a probationary period no less than 90 days.

16.5 PROMOTIONS

An employee who is promoted from a position in one class to an existing position in a higher class shall be compensated at the lowest step in the new pay level which at least equals the amount of a two (2) step increase in the former pay level, providing it does not exceed the highest step of the new pay level. The effective date of the promotion shall be the new service anniversary date for the promoted employee.

A regular employee who is promoted to another position in the public service may be required, at the discretion of the appropriate management official, to serve a new probation period in his new position, but he shall be entitled to all the rights and privileges of a member of the public service, except the right to appeal in case of a dismissal from the new position, as distinguished from dismissal from the services, for inefficiency in the new position during his probationary period, in which case he shall be returned to his former position. No employee shall serve a probationary promotion period for more than thirty (30) days.

16.6 DETAIL

A detail is the temporary assignment of an employee to a different position for a specified period, with the employee returning to his regular position and duties at the end of the detail. Technically, a position is not filled by a detail, as the employee continues to be the incumbent of the position from which detailed. Normally, whenever, it is anticipated that the need for a detail will exceed ninety (90) days, it is more appropriate to effect a temporary promotion if the employee is qualified at the higher grade. Individuals who do not meet the qualification standards of the position at the higher grade cannot be temporarily promoted and, therefore, must voluntarily agree to any period for which the detail exceeds ninety (90) days. An employee detailed to a lower position cannot be so assigned for a period exceeding ninety (90) days. An employee may also be detailed to a set of duties, which must be specifically described in a task list, when the government’s need for necessary or emergency services cannot be obtained by other desirable or practical means.

16.7 “ACTING“ ASSIGNMENT

An “Acting” assignment is the designation, in writing, that an employee will act for a period of up to thirty (30) days in place of a supervisor. When the supervisor’s absence exceeds the initial thirty (30) day period, a new designation shall be made for an additional thirty (30) days. This thirty (30) day renewal of the “acting” assignment is repeated until the supervisor returns to his position. Whenever the acting assignment exceeds ninety (90) days, the employee shall be temporarily promoted if he meets the qualifications standards of the position. If the acting assignment exceeds ninety (90) days and the employee does not meet the qualifications standards of the position, he shall be compensated with two {2) steps in his current pay level, but may not exceed the maximum step. In either case, the return to his former salary (grade and step) at the end of the temporary assignment will be done in the same manner as provided under Sub-Part 16.8.

16.8 TEMPORARY PROMOTION

A temporary promotion is utilized when it is anticipated than an employee will temporarily occupy a position for a period in excess of ninety (90) days. An employee can be temporarily promoted only if he meets the qualifications standards of the new position. The employee temporarily promoted, shall be compensated at the step in the new pay level which is at least equal to an increase of two steps at his current pay level. The employee must be informed in advance and agree, in writing, that at the expiration of the temporary position, he will be returned to the former salary (grade and step) that he would be receiving had he remained in the former position. No temporary promotion shall exceed a period of one (1) year, nor shall any employee be temporarily promoted to the same position consecutively.

16.9 DEMOTION

An employee demoted, through no fault of his own, to a position in a lower pay level, shall be compensated at the rate which does not exceed his current pay rate. Where his existing rate exceeds the rate of the maximum step of the lower pay level, the employee shall be compensated at such maximum step. An employee demoted as disciplinary measure shall have his compensation reduced to the corresponding step of the lower pay level. In addition, an employee’s service anniversary date shall be changed to the effective date of a demotion for disciplinary reasons. An employee who volunteers for demotion shall be treated the same as an employee demoted through no fault of his own. An employee demoted for non-disciplinary reasons, during a new probationary period, to the class of position from which he was promoted, shall be compensated at the pay level and step received immediately prior to his promotion, with credit for the period of promotion.

16.10 TRANSFER

An employee, who is transferred to a different position at the same pay level, shall receive no change in compensation. A two (2) week notice period must be given the losing supervisor or department prior to effecting a transfer, provided the losing supervisor consents to the transfer of his employee. An employee transferred into the same class within the system may not serve a probationary period.

16.11 EFFECT ON SERVICE ANNIVERSARY DATE

An employee’s service anniversary date will not be affected by a detail, “acting” assignment, temporary promotion, demotion (other than for disciplinary reasons), or transfer action.

17. Compensation Adjustment Following Personnel Action

17.1 REALLOCATION OF POSITION

(a) An employee whose position is reallocated to a class assigned a higher pay level shall be compensated at the lowest step in the higher pay level which at least equals the amount of a one (1)·step increase in the lower pay level.

(b) An employee whose position is reallocated to a class assigned a lower pay level shall be compensated at that rate in such lower pay level which does not exceed his existing rate. His service anniversary date shall remain unchanged. Where the employee’s existing rate is beyond the maximum step of the lower pay level, he shall be compensated at such maximum step of the lower pay level. He shall receive any benefits due to any future changes in salary rates.

( c ) The service anniversary date of an employee retained in a reallocated position shall not change.

17.2 EFFECTIVE DATE OF ALLOCATION

An initial allocation or reallocation action shall be effective the first of the pay period immediately following approval by the Director of the Bureau of Public Service System. An earlier effective date may be established only when a recruitment problem may require such or the reallocation action is initiated by the Director.

17.3 REASSIGNMENT OF A CLASS TO A DIFFERENT PAY LEVEL

Employees occupying positions in a class which is reassigned to a different pay level shall be compensated in the same manner as provided in Sub-Part 17.1.(a) and 17.1.(b). There shall be no change in their service anniversary dates.

17.4 Other Compensation Provisions

A. WITHIN-GRADE INCREASE

All eligible employees may be granted within grade increases upon completion of the following periods of satisfactory performance at the following steps in the rate ranges of the base salary schedule:

Step	Period of Satisfactory Performance
1 through 3	1 year
4 through 5	2 years
7 through 10	3 years

No employee may be compensated above the maximum step prescribed for his pay/grade level.
This regulation applies only to permanent employees who have been appointed to a position in the Public Service and who have successfully completed their initial probation period of six (6) months. Only those employees who are employed on standard full-time work schedules, including such occupations as Classroom Teachers who may work only a “school year” are eligible to receive within-grade increases who have successfully completed the appropriate months of satisfactory service.

An employee granted a within grade increase following completion of the appropriate period of satisfactory service, will be advanced to the next higher step in the salary range for his pay level. Such within-grade or step increase shall be effective on the first day of the first pay period which begins on or after the date he completed the appropriate period of service since the date of his last within-grade increase. The effective date of a within-grade increase may not be delayed because of administrative error or oversight. In case of oversight, the employee is entitled to a within-grade increase retroactive to the date he became eligible, as defined above. In case of an error involving underpayment of the correct amount of increase, the employee is entitled to retroactive adjustment to the last date on which he became eligible for a within-grade increase. In case of an amount of an error involving overpayment of the correct amount of increase, the employee’s salary shall be immediately adjusted to the correct amount and recovery effected for all such overpayment in excess of the correct amount retroactive to the date on which the increase was effective, or six (6) months, whichever is the lesser. The employee will be consulted in determining a reasonable amount to be recovered from each pay period.

The computation of the appropriate satisfactory service is subject to the following adjustments:

For those positions for which the normal work schedule is limited to a “school year”, all approved leave without pay (LWOP) or time spent in a non-pay status, taken only during the period of time after school closes in the Summer and prior to reopening in the Fall, is creditable towards the waiting period for a within-grade increase.
In addition to the above and for all positions, approved leave in a non-pay status (L WOP) and/or unapproved leave (AWOL) not to exceed eighty (80) hours, is creditable towards the waiting period for a within-grade increase for steps one (1) through three (3). For steps four (4) through six (6), the amount of LWOP and/or AWOL, not exceeding one hundred sixty (160) hours, is creditable towards the waiting period for a within-step increase. Likewise, for steps seven (7) through ten (10), the amount of L WOP and or AWOL not exceeding two hundred forty (240) hours is creditable towards the waiting period for a within-grade increase. Unapproved leave (AWOL) and leave without pay (LWOP) of more than eighty (80), one hundred sixty (160), and two hundred forty (240) hours respectively, will extend the waiting period by at least one pay period or by the amount of time such AWOL or LWOP exceeds the eighty (80), one hundred sixty (160), or the two hundred forty (240) hours respectively, whichever is greater.
Time served in a LWOP status for purposes of job related education or training is credited towards within-grade increases, the same as if the employee had been in a pay status for that period of time while in LWOP. However, any portion of the time while on LWOP that is not directly related to the study program, or associated travel via the most direct route, is not creditable towards the waiting period for a within-grade increase. Finally, to be creditable towards the waiting period, the education program in which the employee is enrolled must be clearly and directly applicable to the employee’s present position or one to which he may reasonably aspire, and which he is released from full time work status and placed in an approved leave without pay (LWOP) status.
A former employee with a break in service begins a new waiting period upon reemployment, for a within·grade increase. No credit will be given towards the completion of this new waiting period for any time served under a former waiting period prior to the break in service.

Responsibilities.

Appropriate management officials are responsible for ensuring that within-grade salary increases are initiated on a timely basis by a tickler system established for that purpose. Additionally, they will assure that all related documentation generated and received from responsible supervisors is appropriately recorded in the adjustment of records and filed for reference use increase. Finally, to be creditable towards the waiting period, the education program in which the employee is enrolled must be clearly and directly applicable to the employee’s present position or one to which he may reasonably aspire, and which he is released from full time work status and placed in an approved leave without pay (LWOP) status.
Employee’s supervisors are responsible for ensuring that all within-grade salary increases are processed on a timely basis. Further, supervisors shall certify that the work performance of each employee is of an acceptable (i.e., satisfactory or better) level of competence. This is required since within-grade increases are not automatic. If a satisfactory level of performance is not attained by the end of a ninety (90) day period following the date of the performance evaluation resulting in the “unsatisfactory” rating, supervisors shall initiate action to reassign the employee to other work at the same or lower pay level for which qualified or, in extreme cases, to consider termination. It is mandatory that responsible supervisors fully document in detail each case of an employee whose work performance is not satisfactory. Information copies of such documentation shall be provided to the employee and transmitted to the appropriate management official for retention in the employee’s official personnel folder. Upon receipt of completed within-grade increase forms, the employees’ supervisors shall review all information for accuracy and verify any adjustments which may have been made, to preclude the possibility of error. All supervisors have a continuing responsibility to ensure that each employee fully understands all details concerning his within-grade increase.
The Payroll Section of the Bureau of National Treasury is responsible for recording all pertinent leave information on the within-grade salary increase form, which will result in adjustment of the effective date of the action.

B. MERIT INCREASES

Employees may be granted merit increases not to exceed one step increase in the base pay rate, for sustained superior performance over a period of one (I) year or more. No employee may receive more than one merit increase in a twelve (12) month period. A merit increase does not interrupt the minimum waiting period required to qualify for a within-grade increase.

Procedures. To request a merit increase, the supervisor will prepare a memorandum of not more than one typewritten page in length, which must include the following:

(i) Statements descriptive of areas in which the employee has excelled, e.g., initiative, judgment, quality, productivity, job knowledge, and communications. For supervisory positions, such additional factors as training of others, leadership, and job planning must be described.

(ii) Statements must clearly relate the foregoing with the most important and key duties and responsibilities within the employee’s position. For example, productivity in terms of volume could be critical in some positions such as in clerical work but of little importance in teaching positions. Also, it must be recognized that positions often contain a variety of duties with some being less difficult or less responsible than others. For obvious reasons, a recommendation and request for a merit increase cannot be based on these lower aspects of a position.
An employee who has attained the top salary step may not be accorded a merit increase, and other means should be sought to recognize superior performance. The Incentive Awards Program is one means of recognizing superior performance.
An employee receiving a merit increase will also receive his next within-grade increase based on satisfactory performance and completion of the prescribed waiting period since his last within-grade increase.

Responsibilities. The employee’s supervisor is responsible for initiating and preparing the request for a merit increase. Required documentation consists of the memorandum of justification (cited above) and the appropriate form, signed by the employee’s supervisor. The effective date of a merit increase shall be the beginning of the pay period following its approval. All employees’ supervisors should remain aware that the primary purpose of a merit increase is to recognize sustained superior performance only. It is not to be used as a means or device to compensate an employee where a supervisor has not been able to obtain a promotion for the employee, or where the supervisor is of the opinion that the pay level of the position is too low, or for any other reasons unrelated to excellence in the performance of duties. The Board is responsible for review of all requests for merit increases for completeness, accuracy, and compliance with established requirements. Inappropriate or improperly substantiated requests will be returned to the initiating organization, without action, for such corrective measures as may be deemed necessary. Properly documented requests for merit increase will be reviewed for final approval by the Board. If approved the Board shall return approved requests for merit increases to the appropriate management official, who shall then be responsible for timely distribution of the requests to the Payroll Section of the Bureau of the National Treasury for required action.

C. OVERTIME COMPENSATION AND CONTROL

Overtime compensation is utilized where overtime work is necessary for all eligible employees, in accordance with the overtime provisions of the National Public Service System Act.

Any employee who is directed to work on the sixth and seventh days of the workweek, provided he has first worked forty (40) hours at straight time in the same work-week, or in excess of eight (8) hours in one day, shall be paid overtime at the rate of one and one-half (1 1/2) times his basic pay.

Purpose. To establish criteria for overtime compensation payments for all eligible employees directed to work in excess of the forty (40) hours of the regular and scheduled work-week, or in excess of eight hours in one day.
Scope. This regulations applies to all employees who are in positions not exempted from the National Public Service System Act.
Definitions.
i.Overtime. All work performed in excess of the regular forty (40) hour work week, or in excess of eight hours in one day.
ii. Regular Work Week. Consists within the period of time commencing after 12:00 P.M. on Saturday and ending at 12:00 P.M. on the following Saturday, of any scheduled five (5) consecutive workdays consisting of eight (8) work hours each. For the vast majority of employees, the regular work week is
scheduled to commence on Monday, at 7:30 A.M., and end on the following Friday, at 4:30 P.M., of each week. However, the appropriate management official may schedule an employee to work other than from 7:30 A.M.- 4:30 P.M. if the job so requires.
iii. Overtime Payments. Additional pay, calculated at one and one-half (11/2) times the employee’s basic rate of pay for overtime hours worked.
iv. Basic or Base Pay. The hourly rate of compensation paid to an employee for the performance of assigned work excluding all other types of payments such as Differentials for Night Work and Hazardous Work; Travel Per Diem; Transfer Allowance; and the like.
v. Adjusted Base Salary Rate. The total of a base salary rate plus a premium for advanced professional degrees and/or foreign service, or a special medical differential, as established by National Public Service System Act.
Responsibilities.Appropriate management officials and cognizant supervisors are responsible for all required approvals for overtime, control of overtime consistent with sound management practices, and keeping their employees fully informed of all details concerning overtime.
General. Overtime work will be authorized and controlled in accordance with the following:
i.It is scheduled and approved twenty-four (24) hours in advance, whenever feasible, except in unanticipated emergencies.
ii. Overtime must be requested by the immediate supervisor and approved by his superior or the appropriate management official.
iii. Such overtime work is directed to a specific objective or goal of accomplishment and, it cannot be accomplished during the regular workday, nor postponed to the following day or days. An employee who is required to work overtime of less than two (2) hours is credited with a minimum of two (2) hours overtime work.
iv. All paid absences will be considered as time worked, in computing overtime hours.
v. Time lost due to absence without leave (AWOL) or leave without pay (LWOP) will not be included in the total hours worked when calculating overtime compensation.
vi. Any employee who is being paid Standby Differential for remaining on call to duty at any time during a regular scheduled standby period in excess of a normal forty ( 40) hour work week, shall not be eligible for overtime payment for any work performed while on scheduled standby. For all hours worked in addition to the normal forty (40) hour work week, except regularly scheduled standby hours, overtime compensation will be paid.

D. HOLIDAY PAY

To provide additional compensation to employees who are required to work on a legal holiday.

Controls. The following controls apply to the amount of additional compensation to be paid for work performed on a legal holiday under varying circumstances:
i.For employees required to work on a legal holiday which falls during their regularly scheduled work week, Monday through Friday:

For the first eight (8) hours of work, compensation is two (2) times the base salary rate;
and
for all additional hours worked on the same day in excess of the first eight (8) hours of work, compensation is at regular overtime rate which is one and one-half (11/2) times the base salary rate, in accordance with Sub-Part 17.4.(c)(3)(iii).

For employees required to work on a legal holiday which falls outside their regularly scheduled work week (i.e., Wednesday through Sunday and the holiday worked falls on Monday or Tuesday), compensation shall be as follows:

All hours worked on that day, whether eight (8) hours or more compensation is at regular overtime rate which is one and one-half (11/2) times the base salary rate.

Holiday pay for work performed on a legal holiday will not be paid any employee who is paid a Standby Differential.

When a legal holiday falls within the regularly scheduled work week of an employee who is on leave without pay (LWOP) status, such employee will not be compensated with holiday pay, provided that the period of leave without pay begins at least a day before the holiday and extends beyond it. For an employee on an irregular work week, if the holiday falls outside the irregular work week, his next regular workday shall become his holiday.

Responsibilities.
i.The Payroll Section of the Bureau of the National Treasury is responsible for ensuring that the employees are properly paid in accordance with the time and attendance reported.
ii. Employees’ supervisors are responsible for assuring complete and accurate reporting of employees required to work on a legal holiday and providing clear identification to the responsible Payroll Section whether the work performed on a legal holiday falls during or beyond their regularly scheduled work week.

E. TEMPORARY HAZARDOUS WORK

Employees whose occupation involves unusual and extreme hazards to their health and safety shall be paid a differential of twenty-five (25) or fifteen percent (15%) of the base salary rate, or of the adjusted base salary rate when provided by law, depending on whether the work performed is most severe or severe for all those hours in which hazardous work is performed.

Qualification Criteria.
i.Hazardous work is considered most severe, and an employee shall receive the twenty five percent (25%) differential when it is likely to result in serious incapacitation, a long period of compensable lost time, or possible loss of life, when accidents occur frequently in spite of reasonable safety precautions, or when it results in frequent exposure to hazardous conditions where failure to exercise extreme care and judgment may result in accidents which could result in total disability or fatality.
ii. Hazardous work is considered severe, and an employee shall receive a fifteen percent (15%) differential when frequent injuries are likely but do not usually result in serious incapacitation, where it could reasonably lead to possible eye injuries, loss of fingers or bums, or where it may result in moderate periods of compensable lost time.
Procedures. The Board is responsible for the review and approval of all requests for payment of Temporary Hazardous Work Differentials. Supervisors must submit a written request, through their appropriate management official, with a full and detailed explanation of the circumstances in support of all requests for Temporary Hazardous Work Differentials. Each request must provide details including a complete definition of the hazard, a list of the name, correct official position title, pay level, step, salary, organization, and the amount of time each employee will be exposed to the particular hazard for which payment is sought. The Board will review and approve each such request for the propriety of the action and the completeness and accuracy of all pertinent information. The payroll section of the Bureau of National Treasury will be responsible for effecting the required payment, after verifying appropriate authorization.
Occasional special projects which involve unusual and extreme hazards, such as the loading, unloading, and transporting of significant quantities of dangerous explosives, may require the services of a number of employees normally engaged in other work. Such employees are entitled to Temporary Hazardous Work Differentials for the actual period of time they were involved in the work.

F. NIGHT WORK

Additional compensation in the form of a Night Work Differential of fifteen percent (15%) of base salary rate is paid for all hours worked between 7:00 P.M. and 6:00 A.M., when such hours are included within the regular scheduled hours of duty for the employee.

Control Criteria. To be eligible to receive payment of a Night Work Differential, the following criteria must be met:
Payment will be made only for actual hours worked which fall between the period of 7:00 P.M. and 6:00A.M.;
The above is restricted to include only those regularly scheduled work hours within the specified time period which constitute all or a part of the employee’s regular hours of duty.
Non-Payment of a Night Work Differential. Payment of a Night Work Differential will not be made for the following situations:
An employee whose regular hours of duty include scheduled hours during the period of7:00 P.M. to 6:00A.M., is absent and does not actually perform work for the hours involved;
An employee required to perform work during the hours of 7:00 P.M. to 6:00A.M. and those hours are not a part of his regularly scheduled hours of night work duty;

iii. An employee who is paid a Standby Differential for remaining on call for duty at any time during a regularly scheduled standby period in excess of a normal forty (40) hour work week, or eight (8) hour work day, shall not be eligible for payment of Night Work Differential for any work performed while on scheduled standby.

Responsibilities. To place employees on scheduled hours of Night Work duty, the appropriate form shall be initiated and approved by the immediate or next higher-level supervisor and approved by the appropriate management official.
The supervisor is responsible for preparing and submitting complete work schedules covering each employee regularly scheduled to work hours falling between 7:00P.M. and 6:00A.M.
The Payroll Section of the Bureau of the National Treasury will be responsible for monitoring Time and Attendance Reports submitted by departments, to assure the propriety of payment of Night Work Differential. An employee’s immediate or next higher-level supervisor shall initiate the appropriate form to remove employees from night work status when such requirement is no longer justified.

G. STANDBY DIFFERENTIAL

All employees whose conditions of work or employment involve all of the following criteria shall be entitled to receive a Standby Differential of twenty percent (20%) of the base salary rate, or of the adjusted base salary rate.

Qualification Criteria. To qualify for a Standby Differential of twenty percent (20%) of the base salary rate, or of the adjusted base salary rate, all of the following conditions of work or employment must be met:
i.The nature of the position or occupation is such that employees are required to remain on call in a standby duty status which must be performed at their designated work station or location;

ii. Hours of standby duty must be for a regularly scheduled period of time in excess of a normal forty (40) hour work week. The minimum scheduled standby duty tour shall consist of not less than eight (8) hours per week;

iii. Employees assigned to work regularly scheduled hours of standby duty must be regularly and frequently called upon to perform the assigned duties or services while on standby;

Employees being paid Standby Differential are not eligible to receive payment for Night work Differential, Holiday Pay, or Overtime Pay for any work performed while serving a scheduled standby. Overtime compensation will be paid, however, for all hours worked in addition to the normal forty (40) hour work week and any hours beyond regularly scheduled standby hours. Employees shall not be paid Standby Differential while on leave, with or without pay.
All employees on standby duty status must provide their immediate supervisors with information regarding where they may be contacted. If the supervisor is unable to contact the employee at the place designated by the employee, the employee is ineligible for Standby Differential for that regularly scheduled period of time of standby duty. (Example: Employee leaves a phone number at which he may be reached while on standby duty. Supervisor tries to reach him, but he is unavailable at that number. Employee is not eligible to receive his Standby Differential).

2. Responsibilities. To place employees on scheduled standby duty, a request shall be initiated and approved by the immediate or next higher level supervisor and approved by the appropriate management official.
Supervisors should consider the possible use of occasional overtime to cover situations of sporadic or infrequent need, in situations where the establishment of standby duty tours are considered which fail to meet all the qualification criteria above.
In addition, supervisors are responsible for preparing and submitting to the appropriate management official for approval, replacement standby duty schedules for employees, as the need arises, and for initiating a request to remove employees from standby status when such requirement is no longer justified. Further, supervisors are responsible for assuring complete and accurate reporting of employees on standby duty status who fail to comply with Sub-Part 17.4.(h), (l),(v) above. Copies of all schedules shall be forwarded, through appropriate channels, for review by the Director of the Bureau of Public Service System.
The Payroll Section of the Bureau of the National Treasury is responsible for monitoring all reports submitted by responsible officials, to ensure the propriety of payment of standby differential to each eligible employee.

H. ADVANCE PROFESSIONAL DEGREE

Any employee who has achieved professional capabilities through obtaining an L.L.B. or J.D. Degree, a Doctorate in Medicine or Dentistry, or an earned doctorate in any other field from an accredited United States university or any other university accredited or accepted in the United States, and who is employed in a position having a requirement for such degree, shall receive, in addition to a Base Salary, premium of 50 percent of the Base Salary for the pay level and step of the position.

After review of the above credentials of an employee, the appropriate management official shall prepare and submit to the Payroll Section of the Bureau of the National Treasury the appropriate form, to ensure the payment of advanced professional degree premiums to each eligible employee.

I. FOREIGN SERVICE PREMIUM

Any employee who is a citizen of the Republic of Palau and is assigned by the appropriate management official on a permanent change of duty station to work at locations outside the geographic boundaries or administrative control limits of the Republic of Palau shall receive, in addition to a Base Salary, a Foreign Service Premium of 30 percent (30%) of Base Salary.

The appropriate management official shall be responsible for preparing and submitting the appropriate forms to the Payroll Section of the Bureau of the National Treasury, to ensure the propriety of payment of Foreign Service Premiums to each eligible employee.

J. SPECIAL MEDICAL DIFFERENTIAL

Any employee who is a Medical Officer or Dental Officer and who occupies a position the duties of which are predominantly clinical, as opposed to administrative, in nature, shall receive, in addition to a Base Salary, a Special Medical Differential of 24 percent of the Base Salary for the pay level and step of the position.

After review of the above credentials of an employee, the appropriate management official shall prepare and submit to the Payroll Section of the Bureau of the National Treasury, the appropriate forms, to ensure the payment of Special Medical Differential to each eligible employee.

K. LIMITATION

In no case may an employee receive payment for combined differentials for the preceding Standby, Night Work or Temporary Hazardous Duty in excess of 30 percent of the current basic salary rate.

L. RECOVERY IN CASE OF OVERPAYMENT

In case of an amount of an error involving overpayment of the correct amount of pay, the employee’s salary shall be immediately adjusted to the correct amount and recovery effected for all such overpayment in excess of the correct amount retroactive to the date on which the overpayment first occurred, or six months, whichever is the lesser. The employee will be consulted in determining a reasonable amount to be recovered from each pay period.

17.5 Transfer Allowance – Per Diem

GENERAL

When employees are recruited or transferred beyond normal commuting distances from their place of permanent residence for work outside the Republic of Palau, they shall be entitled to: (1) per diem at established rates at the new location for a period of ninety calendar days from the date of entrance in the new position; (2) all expenses connected with travel of themselves and their immediate families; and (3) transportation of household effects to the new work location.

PURPOSE

Payment of Transfer Allowance per diem occurs above and beyond travel per diem in effect during actual travel status up to the day of arrival at the new duty station. Commencing from the day of arrival at the new duty station these funds are provided for the purpose of assisting the employee to effect the transfer without undue economic impact on personal funds or savings.

CONTROLS AND PROCEDURES

Payment of the ninety (90) calendar days per diem will be calculated from the date of the employee’s arrival at the new location of assignment. All per diem will be calculated at established rates for the new location.

POSITIONS NOT COVERED BY TRANSFER ALLOWANCE PROVISIONS

The following positions and appointments are not covered by the Transfer Allowance provisions:

(i) All positions which are exempt from the Public Service System under Sub-Part 1.3. (a-m).
(ii) Provisional ninety (90) day appointments, which may be extended for an additional ninety (90) days, to positions pending establishment of an eligible list of persons from which selection may be made. In the event a provisional appointee obtains a probationary appointment and is otherwise qualified, such an individual shall be eligible for Transfer Allowance on the date when probationary status is secured.

TRAVEL AUTHORIZATIONS

Travel authorization and travel voucher forms shall be prepared by the appropriate management official to effect the transfer. Upon arrival at the duty station, the employee is required to submit the travel voucher to the appropriate management official for approval. The Bureau of the National Treasury shall compute the voucher for payment based on the established per diem rate in effect for the new location as of the date the employee arrived at his location of assignment.

18. Leaves of Absence

18.1 PURPOSE

Leaves of absence from the Public Service are for the mutual benefit of the employee and his employer. When leaves of absence are granted, they are considered to be for legitimate reasons as will promote the good of the public service.

18.2 KINDS

Leaves of absence are either with pay or without pay.

18.3 LEAVES WITH PAY

Annual. Annual leave shall be granted for the purpose of rest and relaxation. Employees who have less than three years of creditable service shall earn annual leave at the rate of four hours per pay period; except that newly appointed employees shall undergo a waiting period of 90 calendar days before being credited with annual leave beginning from the effective date of their employment. Employees with more than three but less than ten years of creditable service shall earn annual leave at the rate of six hours per pay period. Employees who have ten or more years of creditable service shall earn annual leave at the rate of eight hours per period. Annual leave requests of more than three working days must be made at least 2 working days in advance. Other request must be made sufficiently in advance so as to enable management to make the necessary staff adjustments for coverage of the employee’s assignments during his absence. All leave requests shall be made on a leave request form. All annual leave requests must be approved by the employee’s appropriate management official upon recommendation of such employee’s immediate supervisor. Provisional appointees who become probationary employees shall accrue annual leave for the time period served under their provisional appointment, but shall undergo a waiting period of ninety (90) days from the effective date of their probationary appointment before being credited with annual leave. A former employee of the Public Service, who is rehired, will be credited with his previous time period of service, for the purposes of determining the rate at which he is entitled to earn annual leave. An employee separated from the Public Service for any reason shall receive a lump sum payment for all annual leave accrued to his credit at the time of separation.
Maximum Accumulation. The maximum accumulation of annual leave for employees shall be three-hundred and sixty (360) hours. Thereafter, any excess over such maximum shall be forfeited unless taken before the end of the calendar year in which such excess was accumulated.
Sick Leave. All employees shall earn sick leave at the rate of four (4) hours per pay period. There shall be no limit to the amount of sick leave which maybe accumulated. Illnesses of more than three days’ duration shall require a certificate from qualified medical personnel certifying to the fact of such illness and the treatment being administered. The supervisor may require a certificate for shorter periods when use of such leave is chronic and excessive. The employee’s immediate supervisor is responsible for approving such leave requests.
Sick leave may be used by an employee who has had contact with, or is required to treat, a member of his immediate family (as defined in Sub-Part 18.3.(f) below) who has developed a contagious disease. A statement from qualified medical personnel certifying to the fact of such illness and the treatment being administered is required before such a request for sick leave shall be granted.
Former employees of the Public Service who are rehired within three (3) years after their termination will be credited with the unused sick leave accumulated during their previous employment.
Any person who is appointed by the President, Chief Justice, or the President of the Senate or Speaker of the House of Delegates, to assume a permanent position in the national government under exempt status, and who thereafter is reemployed in the Public Service System within three years, shall be credited with his unused sick leave during his tenure under exempt status.
Leave Advance. Where, for good reason, an employee requires additional annual or sick leave, the appropriate management official may grant advance leave up to a maximum of one-half (l/2) of the total earnable leave credits for one (1) year from the date the application is made. No additional advance leave shall be granted unless an employee has served long enough to cover past grants of advance leave. Subsequent earnings shall serve to replace the amount of advance leave granted and taken.
An employee who resigns or is terminated after being granted advance leave shall have the amount of advance leave granted and taken deducted from his earnings. An employee requesting advance leave shall be notified in writing of this provision prior to the granting of advance leave.
Training and Education Leave. Leaves for the purpose of job-related training and education may be granted by the Director of the Bureau of Public Service System, to permanent employees for a period not to exceed one year. The Director may review and extend this period up to an additional year. Such additional leaves may not be granted the same employee until and unless he performs in his position for at least one year following expiration of the first extension; provided, however, that the Director may waive this requirement on a case-by-case basis. An employee who receives scholarship assistance from the Republic of Palau to attend job-related training and education, shall not be entitled, in addition, to leave with pay, unless the Director determines that such scholarship assistance is insubstantial. Such employees may be entitled to leave without pay under Sub-Part 18.4.(b), however.
The period of leave shall not affect the employee’s service anniversary date.
Compassionate Leave. In order to promote the good of the Public Service, employees may be granted compassionate leave with pay of no more than five (5) working days in cases of death, or imminent death, in the immediate family of the employee. For the purpose of this Sub-Part, the term “immediate family” shall be defined as an employee’s mother, father, maternal uncle, spouse, immediate offspring (natural or legally adopted), brother or sister, and grandfather or grandmother, as well as the mother, father, grandmother and grandfather of the employee’s spouse.
Excused Absence (Administrative Leave). An absence from duty administratively authorized, without loss of pay and without charge to leave, is an excused absence. Such absences are authorized under emergency conditions beyond the control of management (e.g., typhoons), for participation in civic activities in the interest of the government, or employment connected examinations. However, an employee subpoenaed as a witness, except as a government witness shall charge such absence to annual leave or leave without pay. The appropriate management official is responsible for approving excused absence requests. An employee on administrative leave is presumed to have no legal authority to act in his official capacity unless specifically granted such authority in writing from the appropriate management official.
Maternity Leave. Female employees who are permanent employees may be granted leaves of absence with pay for reasons of maternity for a period of not more than one (1) month in one (1) calendar year. The period of maternity leave with pay shall not change the employee’s service anniversary date. Upon completion of such leaves, such employees are entitled to return to their positions with full rights and privileges.
The employee’s immediate supervisor is responsible for approving maternity leave requests. An employee requesting such leave shall submit a statement from qualified personnel certifying the fact of pregnancy.
Personal Leave. Every permanent employee shall be entitled to one (1) personal holiday per calendar year, without charge to other forms of leave. The appropriate management official may require the employee to provide at least five (5) working days’ notice in advance of the personal holiday.
Accumulation of Leave. An employee who is absent on an approved leave with pay, shall continue to accrue annual and sick leave while on such leave.

18.4 LEAVES WITHOUT PAY

Maternity Leave. Female employees who are permanent employees may be granted leaves of absence without pay for reasons of maternity for a period of up to five (5) months. This is in addition to that leave provided for in Part 18.3.(h). Upon completion of such leaves, such employees are entitled to return to their positions with full rights and privileges, except that the period of maternity leave without pay shall affect the employee’s waiting period for her next within grade increase, as provided for in Sub-Part 17.4.(a)(l)(ii). The employee’s immediate supervisor is responsible for approving maternity leave requests.
Training and Education Leave. Employees who are ineligible for further training or education leaves with pay, as provided for under Sub-Part 18.3.(e), or who wish to pursue their education on a full-time basis without financial assistance by the government may be granted leaves of absence without pay for a period not to exceed one ( l) year. No extensions to this one year period may be granted. Such employees shall have the right to return to their positions at the conclusion of their education or training, but their waiting periods for within-grade increases shall be adjusted as provided for in Sub-Part 17.4.(a)(l)(ii). The Director is responsible for approving requests for Training and Education leave.
Annual (Vacation) or Sick Leave. With the concurrence of his appropriate management official, a permanent employee may be granted leave without pay for the purpose of extending his vacation; provided, however, that such extension shall not exceed a period of thirty (30) working days. Similar extensions may be granted for sick leave purposes; provided, however, that the attending physician certifies to the necessity for the extension and the extension does not exceed thirty (30) working days. An employee whose illness exceeds all applicable leaves may be subject to termination at the discretion of the appropriate management official.
Such extensions shall affect the employee’s waiting period for within-grade increases as provided for in Sub-Part 17.4.(a)(l)(ii).

18.5 UNAUTHORIZED LEAVE

Unauthorized leave (Absent Without Official Leave [AWOL]) is absence from duty without appropriate authorization. Employees who are absent from duty without prior approval, except in bona fide emergencies, shall be charged AWOL. Employees on AWOL for more than fifteen (15) consecutive working days during any one six (6) month period, shall be automatically resigned as of the last date on which the employee worked. This section shall not be applicable for termination for cause.

18.6 CREDIT FOR SERVICE

For purposes of this Part on Leaves of Absence, service as a regular employee in the three branches of the Trust Territory Government, the Palau District Legislature, and in the Olbiil Era Kelulau, the Judiciary, and the Executive Branches of the Government of the Republic of Palau shall be credited toward service in the Public Service System of the Republic of Palau.

18.7 RESPONSIBILITIES

The employee shall initiate a request for leave using such forms, documentation, and explanatory material as may be required; such request shall be made sufficiently in advance, so as to enable management to make the necessary staff adjustments for coverage of the employee’s assignments during his absence.

Management officials shall review all requests in the light of program needs, replacement services, and legal and policy requirements. In consideration of the foregoing and any other pertinent considerations, management may approve, disapprove, or arrange modifications of leave requests.

18.8 EMERGENCY

An employee on annual leave may be recalled by the government in emergency situations. An employee is entitled to complete his leave after his services are no longer necessary for the emergency situation.

19. Records

19.1 OFFICIAL PERSONNEL FOLDER (OPF)

For each active employee an Official Personnel Folder (OPF) shall be maintained by the Bureau of Public Service System. The folder shall contain, at a minimum, the following elements of permanent information covering the employee:

Formal application for employment;
Copy of the certificate of eligibles from which selected or other documents which indicate the appointing authority;
Form on which prior certifiable service is listed and Service Computation Date is derived;
Copy of each personnel action affecting the employee;
Performance evaluation reports;
Copy of the description of positions occupied by the employee;
Exit interview report, if any;
Medical examination reports;
Any other document concerning the employee that the Director of Bureau of Public Service System determines should be made part of the employee’s Official Personnel Folder.

19.2 CONFIDENTIALITY OF RECORDS

Employee’s records shall be kept confidential. This is essential to protect the privacy of the individual concerned. The records shall be maintained in a locked file with access allowed only to the Director of the Bureau of Public Service System or to personnel authorized by him. Access must be restricted to those persons having a “need to know” as determined by the Director.

19.3 EMPLOYEE ACCESS TO OFFICIAL PERSONNEL FOLDER

An employee or his authorized representative may have access to his own Official Personnel Folder at any time during regular working hours provided an employee of the Bureau of Public Service System watches as the employee’s review takes place. The employee is entitled to access to his medical records, unless the physician who prepared the medical record has stated in writing that the employee is not entitled to access of such report.

19.4 DISPOSITION OF RECORDS

Upon the separation of an employee for whatever reason, his records shall be closed and removed to storage.

19.5 ADVERSE ACTION FOLDER (AAF)

A separate file shall be maintained by the Bureau of Public Service System for any employee who has had a suspension, demotion, or dismissal filed against him by an appropriate management official. This file shall contain all material relating to such adverse action. It shall be kept distinct and separate from an employee’s Official Personnel Folder. If an employee contests the action taken against him to the Board or the Trial Division of the ROP Supreme Court, the Attorney General or his designee and the employee or his authorized representative shall have access to the adverse action folder.

20. Trust Territory Rules and Regulations

20.1 REPEALER

All regulations heretofore promulgated pursuant to Title 61 of the Trust Territory Code are hereby repealed by the Board, pursuant to RPPL No. 1-37, Section 6(2).

Public Service System Rules and Regulations

About Service

Under the service of

Bureau of Human Resources

Service Category

Public Service System

Rules & Regulation

Government Service

For Inquiries contact us at:

+680 767 2403 
Fax: +680 767 3354

[email protected]

Public Service System

Employment Services

Youth and Career Development

Bureau of Cultural and Historical Preservation

DIVISION OF ARCHAEOLOGY

DIVISION OF ETHNOGRAPHY

Palau Visitors Authority

Bureau of Tourism

Bureau of Development

Business Laws and Legislations: Everything You Need to Know

Driver License Booklet

Links

Bureau of Human Resources