TITLE VI
PUBLIC OFFICERS AND EMPLOYEES

Chapter 98-A
TEMPORARY, SEASONAL AND PART-TIME STATE EMPLOYEES

Section 98-A:1

    98-A:1 Terms Defined. –
The following terms shall be construed as follows:
I. "Temporary appointment" shall mean an appointment made to fill a temporary position on a full-time basis for the period of appointment.
II. "Seasonal appointment" shall mean an appointment made to fill a seasonal position on a full-time basis for the period of appointment. A seasonal appointment is one which may reasonably be anticipated as likely to recur each year for a varying number of months.
III. "The equivalent of 6 months or more" shall mean the equivalent of 130 or more regularly scheduled work days, not necessarily consecutive, provided that whenever an employee of the lottery commission is employed on any day on a per diem basis he or she shall be deemed to have worked one day.
IV. "Full-time basis" shall refer to employment calling for not less than 371/2 hours work in a normal calendar week or calling for not less than 40 hours work in a normal calendar week with respect to positions for which 40 hours are customarily required.
V. "Part-time basis" shall refer to employment calling for less than 371/2 hours work in a normal calendar week or calling for less than 40 hours work in a normal calendar week with respect to positions for which 40 hours are customarily required.

Source. 1963, 309:1. 1965, 164:1. 1973, 271:2, eff. Aug. 21, 1973. 2015, 276:119, eff. July 1, 2015.

Section 98-A:2

    98-A:2 Requirements. – All temporary appointments to state service shall be made in the first instance from appropriate state personnel registers. If applicants from such registers are not available any individual meeting the minimum qualifications of the position may be certified by the director of personnel. Seasonal appointments shall be made from the appropriate state personnel register. If after the director of personnel has made a reasonable effort to certify eligibles for seasonal appointments from an existing eligible register, he shall find it impracticable to make a certification he may authorize the seasonal appointment to be made of an individual designated by the appointing authority.

Source. 1963, 309:1, eff. July 1, 1963.

Section 98-A:3

    98-A:3 Position Made Permanent. – Any person appointed under a temporary appointment or any person appointed under a seasonal appointment who works the equivalent of 6 months or more, not necessarily consecutively, in any 12-month period shall be deemed to be respectively a permanent temporary employee or a permanent seasonal employee and entitled to all the rights and benefits of a permanent employee in the classified service of the state.

Source. 1963, 309:1, eff. July 1, 1963.

Section 98-A:4

    98-A:4 Retroactive Accumulation. – If such permanent temporary employee or such permanent seasonal employee is employed beyond the 6 months period he shall be eligible for retroactive accumulation of payment of accrued annual leave upon being laid off for the season or separation from service. Such employee shall be eligible to accumulate sick leave and shall be allowed to carry over any prior sick leave at the same rate for time actually worked. No payment for sick leave, however, shall be made for accrued sick leave upon lay-off or separation.

Source. 1963, 309:1, eff. July 1, 1963.

Section 98-A:5

    98-A:5 Seniority. – A permanent temporary or permanent seasonal employee shall accumulate seniority from year to year.

Source. 1963, 309:1, eff. July 1, 1963.

Section 98-A:6

    98-A:6 Working on a Part-Time Basis. – An individual working on a part-time basis shall not be eligible to utilize either sick or annual leave but at each anniversary of employment should the total working time during the preceding year amount to the equivalent of 6 months or more he or she shall be paid all accumulated annual leave not in excess of that which may be allowed in rules adopted by the division of personnel.

Source. 1963, 309:1. 1973, 271:3, eff. Aug. 21, 1973. 2017, 193:16, eff. Aug. 29, 2017.

Section 98-A:6-a

    98-A:6-a Health and Dental Benefits. – Any individual employed in state service on a part-time basis whose employment calls for 30 hours or more work in a normal calendar week, and whose position is anticipated to have a duration of 6 months or more, shall be entitled to elect to receive such health and dental benefits as are afforded full-time state employees, except that the state's share of the cost of such benefits shall be decreased by a factor equal to the difference between 37.5 hours and the number of hours such individual works in a normal calendar week, divided by 37.5 hours. The remaining costs of health and dental benefits which any such individual elects to receive pursuant to this section shall be withheld from such individual's salary as a payroll deduction.

Source. 1987, 213:1, eff. July 17, 1987.

Section 98-A:6-b

    98-A:6-b Holiday Pay. – Notwithstanding any agreement, law, or rule to the contrary, state employees involved in the care of persons in the state mental health system, the department of health and human services, the department of youth development services, the state prison, the secure psychiatric unit or the veterans' home on a part-time basis who work on New Year's Day, Martin Luther King, Jr. Civil Rights Day, Memorial Day, July 4, Labor Day, Veterans Day, Washington's Birthday, Thanksgiving Day, the day after Thanksgiving, or Christmas Day, shall be entitled to holiday pay for the hours worked, provided that such employees shall be required to work the scheduled day before and the scheduled day after such holidays.

Source. 1989, 370:1. 1994, 212:2. 1995, 310:181. 1999, 182:1. 2001, 156:1, eff. Aug. 28, 2001.

Section 98-A:6-c

    98-A:6-c Death Benefits. – Full-time seasonal employees shall be considered permanent employees only for the purposes of the death benefit under RSA 21-I:29.

Source. 2007, 94:1, eff. Aug. 10, 2007.

Section 98-A:6-d

    98-A:6-d Health and Dental Benefits. – Any individual employed in state service under a temporary or seasonal appointment, as defined in this chapter, who has not been deemed permanent and whose employment calls for 30 hours or more work in a normal calendar week, but whose position is not anticipated to have a duration of 6 months or more, shall be entitled to elect to participate at his or her own expense in the group health and dental insurance plans afforded full-time state employees. The costs of health and dental benefits which any such individual elects to receive pursuant to this section shall be withheld from such individual's salary as a payroll deduction. The department of administrative services shall be authorized to invoice the individual for any amounts not paid through a payroll deduction.

Source. 2016, 320:2, eff. June 24, 2016.

Section 98-A:7

    98-A:7 Application of Statute. – Such part or parts of the rules and regulations of the personnel commission promulgated under RSA 98, as may be inconsistent with the provisions of this chapter shall be repealed to the extent of such inconsistency.

Source. 1963, 309:1, eff. July 1, 1963.