Code of Alabama - Title 36: Public Officers and Employees - Chapter 26 - State Personnel Department and Merit System
- Article 1 General Provisions.
- Section 36-26-1 Short title
This article shall be cited and may be known as the Merit System Act.
- Section 36-26-2 Definitions
The following terms wherever used in this article shall have the meanings respectively ascribed to them in this section, unless the context plainly indicates a...
- Section 36-26-3 Purposes of article
The purposes of this article are to assure to all citizens of demonstrated capacity, ability and training an equal opportunity to compete for service with...
- Section 36-26-4 State Personnel Department created; composition; executive head; offices
There shall be a State Personnel Department with a State Personnel Board and a State Director of Personnel as provided in this article. The director...
- Section 36-26-5 State Personnel Board - Composition; appointment, qualifications, terms of office, removal and compensation of members; procedure for electing classified employee member
(a) The State Personnel Board shall consist of five persons, as follows: (1) Two persons appointed by the Governor, one of them whose term shall...
- Section 36-26-6 State Personnel Board - Meetings; powers and duties generally
(a) The board shall hold regular meetings at least once each month and may hold such additional meetings as may be required for the proper...
- Section 36-26-7 Director of personnel - Appointment; qualifications; salary; removal
The board shall appoint a director. He shall be a person over 19 years of age, of recognized character and ability and shall have been...
- Section 36-26-8 Director of personnel - Executive head of department; powers and duties generally; agreements with political subdivisions of state; cooperation with other governmental agencies
(a) The director, as executive head of the department, shall direct and supervise all its administrative and technical activities. (b) It shall be the duty...
- Section 36-26-9 Promulgation, etc., of rules for implementation of provisions of article
The director shall recommend such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this article and may from...
- Section 36-26-10 Exempt, unclassified and classified service defined; extension of provisions of article to additional positions, etc.; applicability of rules and regulations of employment to employees in classified and unclassified service
(a) Positions in the service of the state shall be divided into the exempt, the unclassified, and the classified service. (b) The exempt service shall...
- Section 36-26-11 Classification of positions, etc., in state service
The director shall, as soon as practicable after this article takes effect, ascertain and record the duties of each position in the state service and,...
- Section 36-26-12 Preparation, etc., of pay plan for employees in state service
After consultation with appointing authorities and the state fiscal officers, the director shall prepare and recommend to the board a pay plan for all employees...
- Section 36-26-13 Certification of payrolls, etc., for payment of state employees; actions to recover moneys improperly paid, restrain improper payments, etc
It shall be unlawful for the Comptroller, any county official, officer or employee or any other fiscal officer to draw or issue any warrant on...
- Section 36-26-14 Deferred compensation plans for certain employees
(a) The personnel board may adopt, establish, and maintain a deferred compensation plan or plans, except under Internal Revenue Code Section 403 (b), for the...
- Section 36-26-15 Tests for establishment of employment registers for positions in classified service; preferences for veterans, etc.; cooperation of board with federal government, etc., in establishing and administering standards of personnel qualifications, pay plans, etc
(a) The director shall conduct tests to establish employment registers for the various classes of positions in the classified service. The tests shall take into...
- Section 36-26-15.1 Proof of registration required for employment or school enrollment
(a) No person who is required to register with the Selective Service System under the United States Military Selective Service Act (50 U.S.C. App. 453)...
- Section 36-26-16 Certification for employment of handicapped persons
The state director of personnel shall, upon the request of an appointing authority, add to any certification of three eligible for employment the name of...
- Section 36-26-17 Manner of filling of vacancies in classified service generally; appointments in classified service generally
Vacancies in the classified service shall be filled either by transfer, promotion, appointment, reappointment or demotion. Whenever a vacancy is to be filled by appointment,...
- Section 36-26-18 Extraordinary appointments
(a) Extraordinary appointments include temporary appointments, emergency appointments, exceptional appointments and provisional appointments. (b) Whenever the services to be rendered by an appointee are for...
- Section 36-26-19 Adoption, etc., of procedures for filling of unskilled, semiskilled, domestic, etc., positions
For positions involving unskilled or semiskilled labor or domestic attendants or custodial work, when the character or place of the work makes it impracticable to...
- Section 36-26-20 Employee training programs
The director shall devise plans for and cooperate with appointing authorities and other supervising officials in the conduct of employee training programs to the end...
- Section 36-26-21 Working test period for employees; removal during test period; notification as to continuation of employee in position prior to expiration of test period; restoration to eligibility, etc., list of employees removed during or at expiration of test period
(a) Every person appointed to a position in the classified service after certification of his name from a promotion list or an employment list shall...
- Section 36-26-22 Establishment, etc., of standards of performance and output and service ratings for employees; reporting and inspection of service ratings of employees
(a) In cooperation with appointing authorities, the director shall establish and may from time to time amend standards of performance and output for employees in...
- Section 36-26-23 Promotions
Within the discretion of the director, vacancies in positions shall be filled, insofar as practicable, by promotion from among regular employees holding positions in the...
- Section 36-26-24 Transfers
An appointing authority may, at any time, assign a classified employee under his jurisdiction from one position to another in the same class. Any classified...
- Section 36-26-25 Demotions
An appointing authority may, upon giving written notice and stating reasons to and with the approval of the director, demote a classified employee under his...
- Section 36-26-26 Layoffs; furloughs
(a) In accordance with the rules, an appointing authority may lay off an employee in the classified service whenever he or she deems it necessary...
- Section 36-26-27 Dismissals and disciplining of employees generally
(a) An appointing authority may dismiss a classified employee whenever he considers the good of the service will be served thereby, for reasons which shall...
- Section 36-26-27.1 Placement of disciplinary documents in the personnel file of a state employee
Notwithstanding any other laws, rules, or regulations to the contrary, when a document pertaining to disciplinary action, including, but not limited to, written reprimands, suspensions,...
- Section 36-26-28 fdf
(a) An appointing authority may peremptorily suspend any employee without pay or other compensation as punishment for improper behavior, but the suspension or total suspension...
- Section 36-26-29 Limitation period for charges for dismissal or disciplinary action
No charges for dismissal or disciplinary action shall be preferred against any employee in the classified service of the state after the expiration of three...
- Section 36-26-30 Effect of entry, etc., into active service of United States Armed Forces upon status of classified employees
Any person who, at the time he is called into active service in any of the Armed Forces of the United States or at the...
- Section 36-26-31 Granting of leave of absence for service in Armed Forces of United States
Upon the application in writing of any such person, which application shall be directed to and filed with the State Director of Personnel, the State...
- Section 36-26-32 Restoration of employee to former position after service in armed forces
At any time before the expiration of 12 months after the termination of the period of honorable service of such applicant in any of the...
- Section 36-26-32.1 Restoration to merit or civil service classification after acceptance of nonmerit appointment; conditions; effect on other employees
(a) Any person who has held a classified position in any merit or civil service system within the State of Alabama or within any political...
- Section 36-26-33 Rights and privileges upon entry, etc., into military service of employees not in classified service
Those employees who are not in the classified service, as defined by this article, upon being called into or entering the military service, shall have...
- Section 36-26-34 Granting, etc., of time off to comply with religious obligations
Notwithstanding any other provision of law, the head of each department or independent establishment in the state government shall grant, under regulations prescribed by the...
- Section 36-26-35 Annual leave
(a) All persons who are regularly employed by the state and who are subject to the provisions of the state Merit System, and all legislative...
- Section 36-26-35.1 Annual leave carry over limit increased for certain personnel
(a) Notwithstanding any other laws, the carry over limit on annual leave for personnel in state departments and agencies who are assigned to work on...
- Section 36-26-35.2 Annual leave
Notwithstanding any other laws to the contrary, a state employee employed in any branch of state government may donate his or her accrued and unused...
- Section 36-26-36 Partial payment of accrued sick leave at time of retirement or death; calculation, accumulation, and use of sick leave
(a) Upon retirement, each employee who acquires sick leave pursuant to the state Merit System shall receive payment of 50 percent of his or her...
- Section 36-26-36.1 Conversion of unused sick leave into membership service for retirement purposes
(a) Any Tier I plan member of the Teachers' or Employees' Retirement System of Alabama not otherwise covered by a provision to convert unused sick...
- Section 36-26-36.2 Donation of leave; implementation
(a) Annual leave, compensatory leave, and sick leave donation programs for catastrophic illnesses or maternity leave of qualified state employees shall provide for donations of...
- Section 36-26-36.3 Bereavement leave
(a) All persons who are regularly employed by the state, and who are subject to the provisions of the state Merit System, and all legislative...
- Section 36-26-36.4 Paid leave for state employees subpoenaed, etc., to attend certain criminal homicide trials
(a) In addition to any other leave for state employees provided by law, when a state employee is subpoenaed to be present, or when any...
- Section 36-26-37 Design, purchase and awarding of longevity service recognition pins, etc., for state departments and agencies
(a) The State Personnel Department, with the advice of the Alabama State Employees' Association and approval of the Governor, shall have designed a distinctive longevity...
- Section 36-26-38 Political activities prohibited
(a) No person shall be appointed or promoted to or demoted or dismissed from any position in the classified service or in any way favored...
- Section 36-26-39 Offenses as to testing, certification, appointment, etc., for positions in classified service, etc
No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of...
- Section 36-26-40 Studies and reports by director; investigations and hearings as to compliance with provisions of article, etc., generally
The director shall make studies and report to the board upon all matters touching the enforcement and the effect of the provisions of this article...
- Section 36-26-41 Failure of witnesses to appear and testify, etc., at investigations or hearings; fees of witnesses; requirement of appearance, etc., of witnesses, etc., before board; giving of false testimony under oath
Any person who shall be served with a subpoena, issued in the course of an investigation or hearing conducted under any provision of this article,...
- Section 36-26-42 Representation of department in judicial proceedings
If this article or its enforcement by the director or the board shall be called into question in any judicial proceeding or if any person...
- Section 36-26-43 Use of state, county, etc., buildings for examinations and investigations, etc
It shall be the duty of all officers of the state and of the several counties and municipalities of the state to allow the reasonable...
- Section 36-26-44 Inspection of records of department
The records of the department, except such records as the rules may require to be held confidential by reasons of public policy, shall be public...
- Section 36-26-45 Payment of expenses of department
The salaries and all other expenses of the department arising under the provisions of this article shall be paid from the appropriations provided. Vouchers shall...
- Section 36-26-46 State Capitol guides classified as "Capitol Hostesses."
All persons employed as guides in the State Capitol complex shall be classified as "Capitol Hostesses" under the provisions of the state Merit System.
- Section 36-26-47 Penalties for violations of provisions of article
A willful violation of any provision of this article shall be deemed a misdemeanor. Any person who is convicted of a misdemeanor under this article...
- Section 36-26-48 Lump-sum merit reward payments for certain full-time state employees
(a) Commencing October 1, 2019, and based on the availability of funds, an appointing authority may provide a lump sum merit reward payment, in an...
- Article 2 Applicability of Merit System to Certain State Institutions.
- Section 36-26-60 "State institutions" defined
As used in Sections 36-26-60 through 36-26-63, "state institutions" or "institutions" shall mean the Alabama state hospital known as the Bryce Hospital and the Partlow...
- Section 36-26-61 Employees subject to Merit System
The employees of the state institutions enumerated in Section 36-26-60 shall be governed by personnel Merit System rules and regulations, the same as other employees...
- Section 36-26-62 Applicability of Sections 36-26-60 through 36-26-63
The provisions of Sections 36-26-60 through 36-26-63 shall apply to all officers and employees in the service of the state institutions except: (1) Members of...
- Section 36-26-63 Repealer
The provisions of Section 36-26-10 in conflict with Sections 36-26-60 through 36-26-62 are hereby repealed.
- Section 36-26-64 Employees of Hale Memorial Hospital
The employees of the state institution located at Tuscaloosa known as Hale Memorial Hospital shall be governed by personnel Merit System rules and regulations, the...
- Section 36-26-65 Certain employees of the Disability Determination Division of the State Department of Education
On the first day of June 1980, every employee of the Disability Determination Division of the State Department of Education who: (1) Was initially employed...
- Section 36-26-66 Capitol security police officers in Department of Finance
Repealed by Act 2003-363, §3, effective September 1, 2003.
- Section 36-26-67 Employees of educational or public television network
(a) All persons employed on a full-time basis by Alabama educational television or Alabama public television network, who were employed after January 1, 1981, shall...
- Article 3 County and District Health Departments.
- Article 4 Dismissal Procedures for Nonteacher, Nonclassified, etc., Employees in Certain School Systems, Institutions, etc.
- Section 36-26-100 Definition of employees
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-101 Probationary period; notice of termination
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-102 Nonprobationary status; causes for termination
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-102.1 Termination of employment - Criminal conviction
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-103 Termination of employment - Procedure; notice
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-104 Termination of employment - Hearing officer; hearing; appeal
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-105 Transfer of employee - Authorized
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-106 Transfer of employee - Notice of action
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-107 Transfer of employee - Finality of decision; contest; hearing
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-108 Suspension of employee
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-109 Major suspensions of employees - Procedure; hearings
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-110 Major suspensions of employees - Contests
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-111 Other disciplinary action - Authorized; notice; conditions
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-112 Other disciplinary action - Authorized; notice; conditions
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-113 Other disciplinary action against employees - Contest
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-114 Procedures applicable to nonprobationary status disputes in general
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-115 Direct appeal by certain employees denied hearing before local board of education
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Section 36-26-116 Applicability to cases prior to July 1, 2004; appropriations
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
- Article 5 Truth in Salary Act.
Last modified: May 3, 2021