When permission is granted to fill a vacancy, a notice of such vacancy shall first be posted internally for at least five (5) workdays. Posting shall be on bulletin boards or electronic bulletin boards where used, stating the job title, description, work area, qualifications, pay range and closing date for applications.

                                                                                                                        Amended 4-23-08

   Notices must be filed with either the local Nebraska Workforce Development office, the State Department of Personnel for inclusion in the Job Mart publication, or with other local publications. Notices placed in newspapers or publications that involve costs to the Supreme Court require prior approval from the Administrative Office. Positions shall be advertised for a minimum of 6 workdays.

   Applications/resumes must be received by the close of business on the specifically announced closing dates for applicants to be considered as viable candidates for a vacancy.

   Applications/resumes shall only be accepted when a vacancy occurs.  Application/ resumes that are received when a vacancy does not exist shall be returned to the sender.

   With prior approval, the Supreme Court may reimburse up to three applicants per position/vacancy for travel, meals, and lodging expenses incurred in traveling to and from the prospective job site/interview site.  The same policies as established for employee travel shall apply when determining the amounts to be reimbursed, and requests for reimbursement shall require the same documentation.

Amended 9-27-05

   Veterans determined eligible in accordance with Sec. 80-401.01 of the Nebraska Revised Statutes shall be given preference (Veteran’s Preference) as specified in Sec. 48-226 of the Statues.  The preference will be granted in the following manner: When two or more equally qualified candidates are being considered for a vacant position the qualifying veteran will be given preference for that position.

Adopted 7-16-03

   In accordance with procedures approved by the Nebraska Supreme Court, a criminal background check will be conducted after a conditional offer of employment is extended, with continued employment contingent upon a satisfactory result of the background check. The employee shall be required to sign a statement of understanding regarding the criminal background check and conditional job offer.

Adopted 7-16-03

   Full‑time employees work, at a minimum, 40 hours per week on an ongoing, continuous basis. Full‑time employees earn all benefits. Full‑time employees work, at a minimum, 40 hours per week on an ongoing, continuous basis. Full‑time employees earn all benefits.

   Part‑time employees work fewer hours than full‑time employees on an ongoing, continuous basis. Work schedules may fluctuate by week, month, or season. Part‑time employees earn benefits on a prorated basis equal to the total yearly full‑time equivalent for their positions. However, only part‑time employees working 50 percent or more of the FTE are eligible for insurance benefits.

   Temporary employment may be full‑time or part‑time. Temporary employees shall be hired for a period of time not to exceed 1 year.

   Temporary employment shall not count toward service date or original provisional period.

   Temporary employees may be separated at any time without 2 weeks' notice. The notice of separation must be in writing and shall specify the date of separation.

   Temporary employees shall not receive benefits except the following types of paid leave: civil leave and military training or emergency duty leave.

   Temporary employees have no grievance rights. 

   Employment of persons on a part‑time or temporary basis can be undertaken upon the recommendation of the appropriate supervisor and the approval of the Administrative Office. The recommendation shall contain the reasons for employment, the expected duration of employment, and the wage or salary to be paid. If offices have temporary help or other part‑time employees who are paid on an hourly basis, time cards shall be submitted in compliance with the schedule that has been set by the Administrative Office.

   When clerical help is secured through project agencies, no guarantee can be made concerning employment at the termination of their project entitlement.

   For the purpose of training, and with the approval of the Administrative Office, supervisors may hire a qualified applicant for a period not to exceed 30 calendar days to understudy an incumbent vacating a position. Service in a replacement status shall be included as a part of the original provisional period for the position occupied.

   It may be necessary to reclassify specific jobs. Such action can be taken by the Supreme Court upon written recommendation of any supervisor. It is a supervisor’s responsibility to monitor changes in duties and/or responsibilities to maintain appropriate classification assignments. Any reclassification which lowers a salary grade will not result in a salary reduction for an incumbent.

Amended 7-16-03

   New employees will usually begin at Step 1 of the salary grade for their job classification. If the individual possesses outstanding qualifications in terms of education, related experience, or bilingual skills, that individual may be started at an increased rate not to exceed Step 6 of the salary grade. If the starting salary is above Step 1, the employee will not be eligible for a provisional salary increase. Any starting salary other than Step 1 of the applicable grade requires the approval of the State Court Administrator or State Probation Administrator based upon the written recommendation of the supervisor. Written recommendations for an increased hiring rate must include the reasons why the applicant should be paid more than the hiring rate.

Amended 3-28-07

   The State Court Administrator or the State Probation Administrator, in consultation with the hiring supervisor, may approve an increased hiring rate for a bilingual employee. The need for a bilingual employee and the language skill level demonstrated by testing approved by the Administrative Office will be factors in the process to approve an increased hiring rate. A bilingual employee is expected to perform all duties of the job for which he or she is hired. The supervisor should, as needed, adjust the bilingual employee’s workload based on the time the employee may be taken away from his or her duties to assist non-English speaking customers.

   Court employees who were hired prior to this policy who are or become bilingual may request testing to determine their language skill level. Based on the results of the test, the supervisor may recommend a salary adjustment to the State Court Administrator or State Probation Administrator.

   Bilingual employees shall not serve as courtroom interpreters unless approved by the Administrative Office of the Courts.

                                                                                                                        Approved 3-28-07

   A former employee returning to work in the same position within the Supreme Court Personnel System may be rehired at the same rate the employee was receiving when he/she left employment with the Court, except that the rate must not be less than the hiring rate or higher than Step16 of the current salary grade.

Adopted 7-16-03

   Upon completion of the provisional period, and with a performance report of satisfactory or better, employees paid less than Step 2 of their salary grade will be given a salary increase to Step 2 of that grade. Employees hired at a salary greater than Step 2 of their salary grade will not receive a salary increase upon completion of the provisional period. Employees shall be informed of this information when they are hired.

   The Supreme Court may authorize a general alteration in the salary schedule based upon appropriations made available. When such an "across the board" adjustment is authorized, all employees subject to the salary schedule shall receive an alteration in salary in the amount authorized.

   The Supreme Court may authorize other salary increases to employees, subject to the following conditions:

   1. Funds are available;

   2. Employees at or above the maximum rate, employees on disciplinary probation, employees who are serving their original provisional period, and temporary employees are not eligible; except, beginning January 1, 2001, an employee at or above the maximum rate may be eligible for a longevity increase if during the previous year (prior to the first of January) the employee has experienced an anniversary with the court system of 20 or more total service years that is divisible by 5, as established by his/her service anniversary date. For each of those anniversaries, an additional $50 a month will be added to the base salary of those eligible employees who are at the maximum rate. For eligible employees over the maximum rate the longevity increase will be reduced by the amount their salary exceeds the maximum rate and added to the base salary. Eligible part-time employees will receive increases on a prorated basis. In no event will salaries be reduced. No additional amount will be given to those employees with salaries over the maximum rate already receiving the amount equal to or greater than the longevity increase.

   3. Such salary increases require the acceptable performance (Satisfactory or better on a performance report) of the employee and approval of the supervisor. Acceptable performance of the employee must be documented in a current annual performance evaluation on file in the Administrative Office at least 30 days prior to the salary increase. If an employee receives an unacceptable performance evaluation, the employee, after 90 days or more, may request another evaluation. If that evaluation indicates acceptable performance, the salary increase may then be given to the employee with the approval of the supervisor.

   The Supreme Court may authorize specific alterations of salary grades to reflect labor market conditions, based upon salary survey information. When any such alteration is authorized, all employees subject to that salary grade shall receive an alteration in salary of the amount authorized on the effective date of the alteration.

   All provisions contained within the salary guidelines, except where otherwise stated, shall apply to part‑time employees. Rates of pay for part‑time employees, excluding clerk magistrates and temporary employees shall be calculated on an hourly rate of the applicable salary grade monthly rate.

   Part‑time clerk magistrates shall be paid a monthly salary proportionate to that which would be paid under full‑time employment. Temporary employees shall be paid at the hiring rate (Step 1) of the applicable salary grade.

Amended 7-16-03

   New employees will usually begin at the Hiring Rate of the salary grade for their job classification. If the individual possesses outstanding qualifications in terms of education, related experience or bilingual skills, the hiring supervisor may request the individual be started at an increased hiring rate. All starting salaries require the approval of the State Court Administrator or State Probation Administration based upon a written recommendation of the supervisor.

Amended 6-27-07

   Upon completion of the provisional period, employees paid less than Minimum Permanent of their salary grade must be given a salary increase to Minimum Permanent of that grade. Employees hired at a salary equal to or greater than Minimum Permanent of their salary grade will not receive a salary increase upon completion of the provisional period. Employees shall be informed of this information when they are hired.

Amended 6-27-07

   The Supreme Court may authorize a general alteration in the salary schedule based upon appropriations made available. When such an adjustment is authorized, all employees subject to the salary schedule shall receive an alteration in salary in the amount authorized.

   The Supreme Court may authorize specific salary increases to employees, subject to the following conditions:

   1. Funds are available;

   2. Employees at or above the maximum rate, temporary employees, and employees who are serving their provisional period or are on disciplinary probation are not eligible except an employee at or above the maximum rate may be eligible for a longevity increase if during the previous year (prior to the first of January) the employee has experienced an anniversary with the court system of 20 or more total service years that is divisible by 5, as established by his/her service anniversary date. For each of those anniversaries, an additional $50 a month will be added to the base salary of those eligible employees who are at the maximum rate. For eligible employees over the maximum rate the longevity increase will be reduced by the amount their salary exceeds the maximum rate and added to the base salary. Eligible part-time employees will receive increases on a prorated basis. In no event will salaries be reduced. No additional amount will be given to those employees with salaries over the maximum rate already receiving the amount equal to or greater than the longevity increase.

   3. Such salary increases require the acceptable performance (Satisfactory or better on a performance report) of the employee and approval of the supervisor. Acceptable performance of the employee must be documented in a current annual performance evaluation on file in the Administrative Office at least 30 days prior to the salary increase. If an employee receives an unacceptable performance evaluation, the employee, after 90 days or more, may request another evaluation. If that evaluation indicates acceptable performance, the salary increase may then be given to the employee with the approval of the supervisor.

   The Supreme Court may authorize specific alterations of salary grades to reflect labor market conditions, based upon salary survey information. When any such alteration is authorized, all employees subject to that salary grade shall receive an alteration in salary of the amount authorized on the effective date of the alteration.

   With approval of the Supreme Court, merit pay increases may be granted to employees to recognize outstanding job performance, subject to the following conditions:

   1. Funds are available;

   2. The employee must have outstanding job performance and that performance must be documented in a current annual performance evaluation on file in the Administrative Office;

   3. The employee’s base salary shall not exceed the maximum rate of his/her salary grade as a result of a merit increase; and

   4. Merit pay increases shall not be automatic and may only be retroactive to the beginning of the current pay period.

   All provisions contained within the salary guidelines, except where otherwise stated, shall apply to part‑time employees. Rates of pay for part‑time employees and temporary employees shall be calculated on an hourly rate of the applicable salary grade monthly rate.

   Temporary employees shall be paid at the hiring rate of the applicable salary grade.

   The designated workweek shall be from 8 a.m. on Friday to 8 a.m. the following Friday. All employees shall be informed of the designated workweek. Full-time employees shall account for at least 40 hours of work or leave time per week.  Management sets each employee’s work schedule. The work week and work schedule of each employee shall be documented by each office. 

Amended 7-12-06

   The Administrative Office shall determine, in compliance with Fair Labor Standards Act requirements, the exempt or nonexempt status of all employees for overtime purposes. The status will be indicated on each job description.

Exempt‑‑Employees exempt from overtime include those designated as professional, administrative, supervisory, or executive.

Nonexempt‑‑All nonexempt employees must be compensated at one and one-half times their hourly rate in the form of either pay or compensatory time off, at the administrative office’s discretion, for hours worked over 40 in a workweek

   Upon proper authorization, employees may accumulate the maximum of 240 hours of compensatory time (160 hours of overtime worked). Accumulated compensatory time shall be used within 6 months. Cash must be paid at a time‑and‑one‑half rate for overtime beyond those limits.  A nonexempt employee's schedule may be altered within the workweek so that his or her work hours do not exceed 40. (For example, an employee working 2 extra hours on Monday may be directed to take 2 hours off on Tuesday.) When it is not possible to obtain prior approval for required overtime work and when that time cannot be compensated either through an adjusted workweek or with compensatory time, then a written request from the supervisor to the Administrative Office is required for payment of overtime.

   When possible, approved overtime shall be offered on a rotating basis beginning with the employee with the most seniority, although overtime may be assigned to an employee based on immediate availability or special job qualifications, however, the assignment of overtime will not be done in a discriminatory manner. If there are no volunteers, employees will be required to work overtime on a rotating basis beginning with the employee with the least seniority. Also, with the exception of probation officers and official court reporters, whenever possible when overtime is required, the employee shall be notified in advance that overtime work is, or may be, needed.  Any employee not given such notice may decline to work the requested overtime hours with no penalty attached.

   It is the responsibility of the supervisor to monitor overtime for an employee. A record of all overtime shall be included on time sheets required by the Administrative Office. At times, a supervisor may direct an employee to take some accumulated compensatory time. The employee in such case must be notified at least 24 hours in advance of the compensatory time to be taken.

   Payment for accrued compensatory time upon termination of employment shall be calculated at the average regular rate of pay for the final 3 years of employment, or the final regular rate received by the employee, whichever is greater.

Amended 7-16-03

   Travel time of non-exempt employees required to attend a meeting, conference, seminar, training course, etc., is considered compensable time. A non-exempt employee traveling for one day (not overnight) shall be paid for all travel time.  This travel time is counted when computing hours worked for overtime purposes. 

Adopted 7-16-03

   The following is a list of court holidays as stated in Neb. Rev. Stat. § 25‑2221:

       •    New Year's Day (January 1)

       •    Martin Luther King, Jr. Day (Third Monday in January)

       •    President's Day (Third Monday in February)

       •    Arbor Day (Last Friday in April)

       •    Memorial Day (Last Monday in May)

       •    Independence Day (July 4)

       •    Labor Day (First Monday in September)

       •    Columbus Day (Second Monday in October)

       •    Veterans Day (November 11)

       •    Thanksgiving Day (Fourth Thursday in November)

       •    Day After Thanksgiving (Friday following Thanksgiving)

       •    Christmas Day (December 25)

   If such holiday falls on a Sunday, the following Monday shall be a holiday. If such holiday falls on a Saturday, the preceding Friday shall be a holiday. Other holidays declared by law or proclamation of the Governor are considered court holidays.

   Many courthouses will be closed on occasional local holidays as well as court holidays. When the courthouse is closed for local holidays, the court and probation office must remain open and adequately staffed for emergency services and to meet filing deadlines.

   Permanent part‑time employees shall be eligible for paid holidays on a pro rata basis, if the holiday falls on a day the employee would normally have been scheduled to work, and the pay the employee receives shall be for the number of hours the employee would have been scheduled to work. Full-time employees shall receive holiday leave equal to one-fifth of their normally scheduled workweek for each paid holiday.

   Temporary employees, whether full time or part time, shall not be eligible for paid holidays, and, if required to work on a holiday, shall be paid for the time worked at their normal rate of pay.

   If a holiday occurs while an employee is on workers' compensation or other disability compensation, no credit for the holiday shall be allowed.

   In order to receive pay for an observed holiday, an employee must be in a paid status on the workday immediately preceding and immediately following the holiday.

   If an employee combines vacation leave with an observed holiday, no deduction from the vacation leave shall be made for that holiday. Likewise, if a holiday falls within a period of an approved sick leave, no deduction shall be made from the employee's accumulated sick leave.

Amended 5-23-07

   Full‑time employees shall earn vacation leave with pay at the following rates:

   Permanent part‑time employees shall be entitled to vacation leave proportionate to that which would be granted under full‑time employment. Temporary employees shall not be eligible for vacation time.

   The amount of leave earned by each employee is based on the employee’s years of continuous employment. For example, during the ninth year of continuous employment, vacation leave is earned at the rate of 1.5 days per month and an employee is eligible to use the earned vacation time in addition to any accumulated time based on the previous year’s service. Vacation leave is earned during each pay period and credited to the employee at the end of that pay period. For example, leave earned in October is available to use on the first of November.

   Leave that is used is deducted from the employee’s accumulated leave one pay period December 31 paycheck information. It is the responsibility of each employee to monitor the amount of vacation leave available for use. If an employee takes vacation leave before it is earned it will result in the reduction of the employee’s wages and possible disciplinary action. Vacation leave must be applied for in advance by the employee and may be used only when approved by the supervisor. However, prior approval is not required when the employee is required to use vacation leave as sick leave or chooses to use vacation leave instead of going on unpaid family/medical leave. Supervisors can only approve vacation leave after it has been earned. Vacation leave shall be designated so as not to interfere with the efficient operation of the Nebraska Court System. Vacation leave need not be taken all at one time during the year.  All employees must be given the opportunity to take their vacation leave before it expires.

   An employee who has terminated employment with the state for any reason other than disciplinary and who returns to state employment with the Nebraska Court System within 5 years from the date of termination shall have service for vacation leave entitlement computed by combining prior continuous service with current continuous service, disregarding the period of absence.  An employee who transfers to the Nebraska Court System from another state agency will continue to earn vacation leave at the same rate as the employee did with the former agency. Unless other agreements between the employee and the agencies involved have been made, no accumulated vacation leave may be transferred to the Nebraska Court System. The employee must arrange payment for that accumulated vacation leave with the former agency.

 Each employee, upon retirement, dismissal, or voluntary separation from Nebraska Court System employment, shall be paid for unused accumulated vacation leave. Upon the death of the employee, the employee's beneficiary shall be paid for all unused accumulated vacation leave. 

   Vacation leave shall not be earned during a leave of absence or while the employee is removed from the payroll for any reason.

   Each employee's vacation leave account shall be balanced as of the closing date of the last pay period of each calendar year. Vacation leave in excess of 35 days shall be forfeited.  In special and meritorious cases, when it would cause hardship for any employee to take earned vacation leave before December 31, excess carryover leave may be approved by the Administrative Office. In these cases, the hours carried over shall be used within the next 6 months. In no case shall carryover vacation continue from year to year.

   Some employees of the offices of the Supreme Court (staff of the Clerk and Library who were hired before 1980), some probation employees (who either joined the Nebraska Court System in July 1985 or July 1986), and some county court employees (who joined the Nebraska Court System in July of 1985 as a result of legislation merging the municipal and county courts) shall continue on the same leave schedules they were on prior to their becoming employees of the Nebraska Court System.

   Full‑time employees earn sick leave at the following rates: 

   Permanent part‑time employees shall earn sick leave in an amount proportionate to that which would have been earned under full‑time employment. Temporary employees shall not be eligible for sick leave.

   Sick leave is defined to mean a period in which the employee is unable to perform his or her duties because of sickness, disability, or injury not arising from the course of employment; or for medical, psychological, surgical, dental, or optical examination or treatment; or when, by reason of the employee's exposure to a contagious disease, the employee's presence at his or her post would jeopardize the health of others; or when a member of the employee's immediate family demands his or her presence for any of the same purposes. The immediate family shall be considered as spouse, children, and parents.  At the supervisor's discretion, the definition of immediate family may be broadened. Employees may use vacation time for care of family members when their presence is helpful, but not essential, if approved by the supervisor.

   The amount of leave earned by each employee is based on the employee’s years of continuous employment. For example, during the ninth year of continuous employment, sick leave is earned at the rate of 1.67 days per month and an employee is eligible to use the earned sick leave in addition to any accumulated time based on the previous year’s service. Sick leave is earned during each pay period and credited to the employee at the end of that pay period. For example, leave earned in October is available to use on the first of November.

   Leave that is used is deducted from the employee’s accumulated leave one pay period after it is used. For example, any leave used in November will be recorded as leave used on the December 31 paycheck information. It is the responsibility of each employee to monitor the amount of sick leave available for use. Sick leave shall not be used as vacation leave, nor can it be taken in advance.

   Sick leave shall be requested in advance from the supervisor whenever possible, i.e., dental appointment or physical examination, etc.  In case of sickness, injury, emergencies, or any other absence not approved in advance, the employee shall advise his or her supervisor of the circumstances as soon as possible. If the sickness, injury, or emergency qualifies as family/medical leave the employee should request a family/medical leave form from his or her supervisor.

   Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery there from are, for all job‑related purposes, temporary disabilities and will be treated as such under the rules and regulations for sick leave.

   Sick leave shall be taken on a working‑hour basis. An employee may be required to submit substantiating evidence when the reason for the leave request was a medical or dental appointment or when the supervisor suspects sick leave abuse. Substantiating evidence may also be required by the supervisor if the sick leave absence exceeds 3 workdays but is less than 10 workdays and does not qualify for family/medical leave.

   Substantiating evidence shall be required by the supervisor if the sick leave absence is 10 workdays or longer and the employee is not on family/medical leave. Sick leave may be denied when the employee fails to substantiate the legitimate use of sick leave. When an employee is absent for 3 or more days or when a supervisor receives information that indicates the reason for the sick leave may qualify as family/medical leave, the employee shall be given a family/medical leave form.  Employees may be required to take family/medical leave concurrently with sick leave if the reason for sick leave qualifies. (See additional information under Family/Medical Leave section.)

   Holidays within a period of sick leave shall not be counted as working hours. If an absence because of illness or injury not arising from the course of employment extends beyond the sick leave earned to the credit of an employee, and if the employee is not on family/medical leave, such additional time shall be charged to vacation leave.  If all earned sick and vacation leave is used, the employee may be granted continued sick leave without pay whether or not the employee is on family/medical leave.

   Sick leave can be used to supplement workers' compensation up to the employee's current salary level extent.

   If an employee leaves the service of the Nebraska Court System in good standing and is reemployed within 1 year from the date of separation, sick leave earned during the previous period of continuous employment shall be reinstated to the employee's credit.

   An employee who has terminated employment with the state for any reason other than disciplinary, and who returns to state employment with the Nebraska Court System within 5 years of termination, will have sick leave entitlement computed by combining prior continuous service with current continuous service, disregarding the period of absence. Sick leave is not affected by the transfer of an employee from one state agency to another.

   Upon retirement under the existing Nebraska State Employees Retirement System, or upon reaching the age of retirement and voluntarily resigning in good standing, an employee shall be paid one‑fourth of unused, accumulated sick leave, with the rate of payment based upon the employee's regular pay at the time of retirement. Upon the death of an employee, the employee's beneficiaries shall be paid one‑fourth of the accumulated unused sick leave with the rate of payment based upon the employee's regular pay at the date of death.

   An employee who is eligible for retirement and who elects to receive payment for one‑fourth of accumulated, unused sick leave upon termination or retirement from Nebraska Court System employment, and subsequently returns to the system's employment, shall be considered a new employee without any prior service when determining entitlement to and accumulation of sick leave.

   The payment of one‑fourth of the accumulated sick leave to an employee is limited to a one‑time payment, and no employee, by virtue of reentering state employment, shall become entitled to additional payments for unused sick leave.

   Employees may not be compensated for earned sick leave when they are separated from Nebraska Court System employment unless the separation is due to retirement or death.

   The sick leave account of each employee shall be balanced as of the closing date of the last pay period of each calendar year. Sick leave in excess of 1,440 hours will be forfeited.

Amended 5-23-07

   Up to 5 days of funeral leave may be granted for funerals in the immediate family. For funerals of persons not in the immediate family, up to 1 day of funeral leave may be granted at the discretion of the supervisor. Funeral leave shall not be charged to sick leave or vacation leave.  Immediate family, for purposes of this leave policy, shall mean wife, husband, children, parents, children‑in‑law, grandchildren, grandparents, brothers, sisters, or those bearing the same relationship to the spouse. Step‑persons bearing these relationships are included. At the supervisor's discretion, the definition of immediate family may be expanded to include other individuals with a similar personal relationship to the employee as that of an immediate family member.

   All employees who are members of the Nebraska National Guard or any other reserve component and who participate for up to 15 workdays in drills, encampments, maneuvers, active  duty or training, and other exercises prescribed by competent authority, will receive their full pay in addition to their military pay.

   Employees who are ordered to active duty by the Governor under emergency conditions will receive the difference between their full state pay and their military pay, provided the military pay is less than their state pay.

   Employees, other than temporary and intermittent, who leave a position to undergo military duty in the active service of the State of Nebraska are entitled to a leave of absence for the period of such training or service not to exceed 4 years, and without loss of pay during the first 15 workdays of the leave of absence. This is not in addition to the 15 days mentioned in the paragraph above. When separated from such training or service under honorable conditions, employees are entitled to reinstatement to their former positions with seniority, status, pay, and vacation as if they had not been absent, if application is made within 30 days after release from training or service. 

   When an employee is called to serve as a juror or is appointed as a clerk or judge on an election or counting board, the employee is entitled to any fees received as a result of this service in addition to receiving paid civil leave. Employees will return to work when not actually serving as a juror on a daily basis.

   If any employee does not have sufficient time before or after regular duty hours to vote, up to 2 hours of civil leave will be granted.

   Time spent by employees appearing in court as a function of their job shall be considered as hours worked.  Any witness fees and reimbursements received as a result of those court appearances shall be returned to the State.

   Employees attending court as a plaintiff, defendant, or witness on non work‑related matters may use vacation leave or earned compensatory time, or the Administrative Office may grant a leave of absence. Any witness fees paid to the employee for these court appearances shall be kept by the employee.

   Employees who provide proof of their disaster relief volunteer certification with the American Red Cross may, with appropriate supervisory authorization, be granted paid civil leave not to exceed 15 working days in each calendar year to participate in specialized disaster relief services in Nebraska for the American Red Cross, upon the request of the American Red Cross.

Amended 7-16-03

   The Family Military Leave Act was passed by the Nebraska Legislature and became effective on April 5, 2007. In accordance with the act, it shall be the policy of the Nebraska Supreme Court to allow an eligible employee who is the spouse or parent of a person called to military service lasting 179 days or longer, with the State or United States pursuant to the orders of the Governor or President of the United States, to take up to 30 days of unpaid leave.

   For purposes of the Family Military Leave Act, an eligible employee is an employee who has at least 12 months of service and has worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of this leave. An eligible employee is the spouse or parent of a person called to military service lasting 179 calendar days or longer. An eligible employee may request up to 30 days of leave without pay. Employees may choose to use accrued vacation leave for some or all of this requested leave.

   The employee shall give at least 14 calendar days of notice of taking leave if the leave will consist of 5 or more consecutive workdays. Whenever possible, the employee shall consult with the supervisor to schedule the leave so as to not unduly disrupt the work operations. An employee taking less than 5 consecutive days shall give the supervisor notice as is practicable. The supervisor may require certification from the proper military authority to verify the employee’s eligibility for the family military leave requested.

   When the leave ends, the employee must be restored to the position previously held or to a position with equivalent seniority status, benefits, pay, et cetera, except when the supervisor proves the employee is not restored due to reasons unrelated to taking leave.

   The employee may continue benefits, during leave, at the employee's expense. The employee's service date will be adjusted after 14 calendar days of unpaid leave.

   The act provides that the employee may negotiate with the employer for the employer to maintain benefits at the employer's expense during the leave period. Taking family military leave shall not result in the loss of benefits accrued before the leave started.

Adopted 11-15-07

   1. The employee must be suffering a serious illness or injury resulting in a prolonged absence lasting at least thirty work days during the past six months. Note: As a general rule, illnesses which qualify as a “serious health condition” under the Family and Medical Leave Act could be considered eligible for catastrophic illness donation. (This would also include an immediate member of the employee’s family who would have a serious health condition that would require the employee’s presence.)

   2. The employee must produce satisfactory medical verification.

   3. The employee must have completed the original provisional period with the Nebraska Supreme Court.

   4. The employee must have exhausted all earned paid leave time including compensatory time, sick leave, and vacation leave.

   5. The employee must not have offered anything of value in exchange for the donation.

   6.  No more than 9 months of donated leave may be received by an employee during a 12-month period.

   1. Only vacation and compensatory time in increments of 8 hours may be donated.

   2. The employee must not have solicited nor accepted anything of value in exchange for the donation.

   3. The donating employee must have remaining to his/her credit at least 40 hours of accrued vacation leave, if donating vacation leave.

Amended 11-13-03

   All employees (including temporary) who are disabled as a result of a job‑related injury or disease, which is deemed compensable by Worker’s Compensation, may be granted injury leave not to exceed five of the employee’s normal working shifts for any particular injury. Disabled shall mean unable to perform the tasks usually encountered in one’s employment due either to any injury or disease or to treatments for any injury or disease. A working shift is counted even if an employee is absent for any portion of his or her assigned shift.

   Any job‑related injury or disease shall be reported to the Administrative Office as soon as possible. The employee’s supervisor is responsible to complete a First Report of Alleged Occupational Injury or Illness form (NWCC form 1). When this form is received from the supervisor, the Administrative Office shall have the responsibility of supplying all of the necessary information to the Office of Risk Management. 

   No employee shall receive a salary (workers' compensation plus regular pay) in excess of his or her normal wage.

   Health insurance with the appropriate employer contribution will be paid during an absence under workers’ compensation after all accrued leave and compensatory time has been depleted.

   If an employee requests or is placed on family/medical leave due to an injury or illness qualifying for workers’ compensation, the Administrative Office will contact the Office of Risk Management for coordination of workers’ compensation and family/medical leave benefits.

   Employees being paid workers' compensation for job‑related injuries or disease may use sick and/or vacation leave to supplement the payment up to, but not to exceed, their regular rate of pay.

   Employees on workers' compensation shall earn sick and vacation leave at the same rate being earned prior to the injury or disease except as provided in these rules. Example: An employee earning 8 hours of sick leave prior to injury shall earn 8 hours of sick leave subsequent to injury.

   Holidays occurring during this period will be paid at a rate proportionate to the amount of sick and/or vacation leave being used.

   After all sick and vacation leave has been exhausted, employees shall not be entitled to any leave or pay benefits except as authorized under workers' compensation, and shall be carried in a leave‑without‑pay status while on workers' compensation. This type of leave of absence may exceed 1 calendar year.  No service date adjustment is necessary for this unpaid leave.

   For a period of 1 year after the date of disability and upon termination of workers' compensation, and after the physician has released him/her to return to work, the employee shall be reinstated to his/her former classification with no salary reduction. If his/her former position is not available, the Administrative Office shall place the employee in a similar position and may reduce the employee's salary.

   After 1 year from date of disability, if the employee has not or is not able to return to work, the Nebraska Court System is relieved from any reemployment obligation and the employee may be terminated.

Amended 7-16-03

   A supervisor shall take appropriate disciplinary action if an employee commits one or more of the following:

*1. Violation of, or failure to comply with, the State's Constitution or statutes; an order of a court; codes of conduct; or published rules, regulations, policies, or procedures of the Nebraska Court System or the State of Nebraska.

 2. Failure or refusal to comply with a lawful order or to accept a reasonable or proper assignment from an authorized supervisor.

 3. Inefficiency, incompetence, or negligence in the performance of duties.

 4. Unlawful manufacture, distribution, dispensation possession or use of a controlled substance or alcoholic beverages in the workplace or reporting for duty under the influence of alcohol and/or unlawful drugs.

 5. Negligent or improper use of public property, equipment, or funds, or conversion of same to one's own use.

 6. Use of undue influence to gain or attempt to gain promotion, leave, favorable assignment, or other individual benefit or advantage.

 7. Falsification, fraud, or omission of required information on the employment application/resume.

 8. Unauthorized or improper use of any type of leave, or abuse of meal and rest periods. 

 9. Repeated tardiness or unauthorized leave, including unauthorized departure from the work area.

10. Failure to maintain satisfactory and harmonious working relationships with the public or other employees.

11. Failure to obtain and maintain current license or certification required by law or policy as a condition of employment.

12. Conviction of a felony.

13. Repeated failure to make reasonable provision for payment of personal debts which result in more than one garnishment except in cases of court ordered child support payments.

14. Insubordinate acts or language which seriously hampers the Nebraska Court System’s ability to control, manage or function.

15. Acts which bring discredit upon oneself, the Nebraska Court System, and the state.

16. Acts or conduct (on or off the job) which adversely affect the employee’s performance and/or the Nebraska Court System’s performance or function.

17. Workplace harassment based in whole or in part on race, color, sex, religion, age, disability or national origin which manifests itself in the forms of comments, jokes, printed material, and/or unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature.

18. Possession of materials and/or utterance of comments in the workplace that are derogatory toward a group or individual based on race, gender, color, religion, disability, age or national origin.

*Note:  Although county court clerk magistrates are governed by the Nebraska Revised Code of Judicial Conduct, they are disciplined in accordance with the Nebraska Supreme Court Personnel Policies and Procedures.

   Disciplinary actions are those actions taken by management in response to an employee's failure to meet the standards, objectives, or rules of the organization. The actions may affect pay, status, or tenure, and are taken in the best interests of the state, the Nebraska Supreme Court, and/or the employee work force.

   The decision to impose a disciplinary action and which type of action to impose shall be governed by the nature, severity, and effect of the offense; the type and frequency of previous offenses; the period of time elapsed since prior offensive acts; and consideration of extenuating circumstances.

   Responsibility to impose disciplinary action shall be vested in the employee's supervisor. 

   Supervisors are responsible for the administration of discipline which ensures due process provisions for employees being disciplined.

   The following procedures shall be observed:

1. The supervisor, upon obtaining information which would indicate the possibility of administering disciplinary action, shall inform the employee of the allegations orally and in writing.

2. The supervisor shall meet with the employee to verify the information and afford the employee an opportunity to refute the information or present mitigating evidence.

3. Based upon the information and evidence presented and the individual circumstances of the case, the supervisor shall determine the appropriate action to be taken.

4. If the supervisor decides to impose a disciplinary action, the employee shall be entitled to written notice of the proposed charges against him or her, citing the rule or policy violated and an explanation, including any written documentation of an agency's evidence against him or her. (Oral notice may be sufficient only when written notice is not expedient.)  The explanation should include a description of the incident involved and/or dates of occurrence to the extent the explanation would not impair the function or operation of the agency or expose the agency to legal liability.

5. Prior to imposing discipline the employee shall again be entitled to an opportunity to present mitigating evidence or present reasons why disciplinary action should not be taken.  If the opportunity or explanation is in the form of a meeting, the supervisor shall afford the employee adequate notice as to time, place, and purpose of such meeting.

6. When a supervisor meets with the employee to impose the disciplinary action, the employee shall be

a. advised in writing of the nature of the violation;

b. advised in writing of the disciplinary action being administered; and

c. if appropriate, notified in writing of the time allowed for improvement and the consequences (including dismissal) of future violations or failure to improve.

   The employee shall acknowledge receipt of the written documentation of disciplinary action by signing the document. The employee's signature does not constitute agreement with the content of the document.  If the employee refuses to sign, the supervisor and a witness shall sign a notation of the employee's refusal on the document.  A copy of the document shall then be placed in the employee's personnel file and a copy of the document (other than Written Warnings) shall be sent to the Administrative Office. 

   The following types and levels of disciplinary actions are to be prescribed in a progressive manner. However, the type and extent of disciplinary action shall be governed by the nature, severity, and effect of the violation; the type and frequency of previous violations; the period of time elapsed since a prior offensive act; and consideration of extenuating circumstances. More severe levels of disciplinary action may be imposed when a lesser action is deemed inadequate or has not achieved the desired results. One or a combination of any of the following disciplinary actions may be imposed.  All disciplinary actions shall be in writing, and if more than one action is imposed, they shall be on a single document and imposed at the same time.

   The Supreme Court Personnel Board has final authority to determine whether or not an issue is grievable and may elect to hear any issue at its discretion. Issues determined to be nongrievable are subject to summary dismissal by the board.

   The following issues, when done in compliance with established law, rule or policy, are examples of nongrievable matters. The list below is not to be considered all inclusive:

   1. performance evaluations;

   2. appointments, including promotions to positions;

   3. involuntary transfers with no salary reduction or relocation required; 

   4. leave of absence decisions;                 

   5. position classifications;

   6. salary allocations;

   7. layoffs or reduction in hours due to elimination or reduction of funds, reduction in the workload, and/or reorganization; and

   8. payment of moving expenses.

   The filing of a grievance does not delay the effective date of any management action. Filing of a grievance shall not jeopardize the grievant's position, opportunities for advancement, or salary increases. No employee may be coerced by a supervisor or another employee into not proceeding with a grievance or not appearing as a witness at a hearing.

   The members of the Supreme Court Personnel Board shall be appointed by the State Court Administrator and serve 3‑year terms. The Board shall be composed of one county or district judge, one chief probation officer, and one clerk magistrate.  The judge member of the Board shall be the chairperson and shall preside over hearings.

   A listing of the current Board members' names and addresses shall be available in the Administrative Office.

   The authority of the Supreme Court Personnel Board is to determine if any decision regarding a grievance made by the State Court Administrator, State Probation Administrator, or an administrative employee delegated to respond to a grievance was made in good faith and for cause and to ensure that the actions were in reasonable compliance with the Nebraska Supreme Court Personnel Policies and Procedures or relevant state statutes. Decisions made by the Board are final and binding on all parties involved.

   A Supreme Court Personnel Board member shall excuse himself or herself in decisions where his or her impartiality might reasonably be questioned, including, but not limited to, instances where the Board member has been a participating party in the grieved action.  In the event that a member is excused, the State Court Administrator or State Probation Administrator shall appoint a temporary Board member to serve until a decision is made regarding the grievance.

   The Supreme Court Personnel Board has final authority to determine whether or not an issue is grievable and may elect to hear any issue at its discretion. Issues determined to be nongrievable are subject to summary dismissal.

   The following are the procedures and time allowances for the official grievance process. If the grievant fails to advance a grievance to any step within these time allowances, the grievance shall be considered discontinued by the grievant and the matter will be considered closed. However, time allowances may be extended by mutual agreement of the parties. 

Employee Formal Grievance Form

   At any time after a formal grievance has been properly filed, the employee and/or the Administrative Office may obtain discovery regarding any matter not privileged that is relevant to the subject matter involved in the pending appeal by utilization of one or more of the following methods: requests for depositions, requests for interrogatories, requests for production  of documents or things, requests for permission to enter appropriate offices for the purpose of inspection and/or requests for admissions. Unless the Supreme Court Personnel Board rules otherwise, the frequency of use of these methods is not limited. All discovery requests are subject to the following provisions:

   1. Requests for discovery shall be addressed to the party from whom the discovery is sought, with a copy addressed to the Supreme Court Personnel Board through the Administrative Office.  such requests shall be sufficiently in advance of the scheduled hearing to allow for the accommodation of the time lines established below.

   2.  Responses to discovery requests must be provided within 10 workdays of receipt of request, unless objections are entered. Objections to such requests may be made only to the chairperson of the Supreme Court Personnel Board and must be made within 5 workdays of receipt of the request. The chairperson shall affirm or deny such objections within 10 workdays of receipt of the objections and shall establish time limits for response when objections are denied.

   3. Within 5 workdays of the receipt of the discovery requested, the requesting party shall notify the answering party of any failure on the part of the answering party to properly respond to the request.

   4. Except where objections to discovery requests are sustained, the failure to respond to any discovery requests may result in the answering party being denied the right to introduce the requested evidence or such other remedy as is deemed appropriate by the chairperson.  

   A copy of the Supreme Court Personnel Board's decision shall be forwarded to the parties involved. The original decision and all documents relating to the grievance shall be filed in the Administrative Office.

Amended 9-17-03

   The purpose of this policy is to establish basic guidelines for appropriate work dress for employees of the Nebraska Supreme Court. In an effort to maintain a professional appearance as an employee of the Nebraska Supreme Court, staff shall be well groomed and shall present an appropriate image commensurate with the status and dignity of the office. Attire shall be in good taste and reflect the requirements of the job and the working conditions. Employees often have frequent public contact, and their appearance and demeanor convey an impression of the court system. The purpose of this policy is to promote a positive image of the Nebraska Supreme Court, but also to allow for flexibility and considerations of safety, job requirements, and the work environment. Personal neatness, cleanliness, and appropriate attire provide an atmosphere of professionalism and inspire confidence in an employee’s ability to deliver services.

   This policy applies to all employees of the Nebraska Supreme Court operating in court and probation offices and includes interns, volunteers, contract employees, temporary employees, and grant-funded positions. The various offices may have unique operating needs such as public contact and court appearances, and thus, local offices may establish more stringent requirements based on those needs. At no time may an office establish lower standards than those set forth herein, except as needed in individual cases of safety or work needs such as remodeling or moving of offices or equipment. However, employees working in offices that are not accessible to the public shall follow their supervisor’s requirements for appearance.

   Reports shall be prepared (1) upon completion of the original provisional period, (2) at least on an annual basis with the date to be determined by the local office, (3) as a subsequent report after the issuance of a report of performance less than satisfactory (such subsequent report may not be done less than 90 days after the previous report), and (4) on occasions when the supervisor desires to record performance worthy of recognition, either favorable or unfavorable. Reasons for submission of this type of report shall be explained in the report.

   After completion of the written report, it is recommended that the report be reviewed by the evaluator's supervisor(s) prior to discussion with the employee. 

   Performance reports shall then be discussed with the employee, who shall have the right to add his/her comments. These comments shall be submitted within 30 calendar days of the date of the report. The signing of the performance report form of the employee does not signify the employee's agreement with the content, but only that he/she has seen the performance report, that it has been discussed with the employee, and that the employee has been given an opportunity to comment. The evaluator should sign and date the performance report.  If the employee refuses to sign, the supervisor and a witness shall document the employee's refusal on the employee's performance report.    

   Each employee shall receive a copy of his/her performance report. A copy of each performance report shall be included in the employee's personnel file and a copy sent to the Administrative Office.

Amended 9-17-03

   Information concerning an employee's or former employee's name, position, gross salary, date of hire, date of separation, and location where employed shall be considered public information. Any other information contained in an employee's personnel file shall not be released to any requesting party unless the employee has signed a release authorization, or if a legal warrant has been served requesting such information. 

   Each supervisor shall maintain the following personnel records:

1. Individual employees' monthly records of vacation, sick, and other leave taken and overtime hours earned on a time sheet for all full‑time employees or a time card for part‑time and temporary employees;

2. Job description/classification for each employee;

3. Record of salary;

4. Copies of all personnel transactions pertaining to individual employee; and

5. Employee performance report(s).

   Former employees’ personnel files may be destroyed five years after the employees’ separation date. A brief file or information card shall be retained containing former employees’ dates of employment and rate of pay.

   Employees shall have the right to review their personnel file maintained at the employees’ place of employment during regular office hours. Review may be done in the presence of a supervisor.

   Documentation (including performance reports) which reflects unfavorably on an employee or former employee shall not be placed in their personnel file without their knowledge.

   Employees or former employees have the right to file a written rebuttal within 30 calendar days from date of notice to any item placed in their personnel file with the exception of grievances settled in accordance with Supreme Court Grievance Procedures. This written rebuttal shall be placed in their personnel file.

   No negative documentation shall be placed in an employee’s file after the dismissal, resignation or retirement of the employee unless the former employee is notified. Exceptions are reports, letters or documents originated and signed by the employee.

Amended 9-17-03