HB 104 - State Employment Amendments

Frequently Asked Questions

UPEA worked diligently with stakeholders in drafting, revising, and passing 3rd Sub. HB 104, State Employment Amendments.  UPEA staff will continue overseeing the implementation of the bill and relay important information to members as agencies adapt. In order to ensure eligible employees are able to make an informed decision about forfeiting their Career Service Status, we have compiled some of the most frequently asked questions surrounding the transition to Schedule AX and implementation of HB 104.

Schedule B, or Career Service, employees can utilize the grievance process to address workplace concerns through their chain of command, up to the agency head. In certain situations, employees have the opportunity to take their case to the Career Service Review Office.

Schedule AX employees are career service exempt and may be terminated for any reason that doesn’t violate state or federal law.

An individual in a supervisory position that requires the regular supervision and performance evaluation of an employee, is eligible to opt into Schedule AX.

Eligible employees have from July 1, 2022, to June 30, 2023, to elect to transition to Schedule AX. Employees must fill out the electronic form provided by DHRM prior to June 30, 2023, in order to receive the 5% incentive.

Schedule B employees have access to protections under the Career Service System, including due process rights, fair hiring and firing, and access to the Career Service Review Office following certain disciplinary actions. The Career Service Review Office provides evidentiary hearings for Schedule B employees who feel their disciplinary action is unfair or unwarranted.

No, when an employee submits their intent to forfeit their Schedule B status, the 5% incentive will be effective immediately. The incentive will not be backdated to account for previous pay periods.

The 5% will be ongoing even if an employee is in longevity.

Yes, if a Schedule B employee voluntarily moves to a Schedule AX position, they will forfeit their Schedule B status.

Yes, if you are moved involuntarily by management, you will not become Schedule AX in your new position.

For existing Schedule B employees, any move to at-will employment must be through attrition or voluntarily forfeiture of career service protections. To UPEA’s knowledge, there are no efforts to immediately move in that direction for all state employees. However, those promoted or hired into a supervisory position classified as Schedule AX, will automatically be “at will”.

No, electing Schedule AX will not harm your retirement or other benefits. The accrual rate and multiplier for Tier I and Tier II retirement systems will remain the same.

On May 5, 2022, the deadline to file a grievance will be reduced from 30 working days to 10 working days. Please call the UPEA office at 801-264-8732 if you need to file a grievance.

UPEA will be meeting frequently with agency directors and the Division of Human Resource Management over the coming year in order to answer more questions about the various provisions of the bill. We will send out periodic communication to keep our members apprised. 

Please contact your UPEA representative with specific questions.

Todd Losser

UPEA Executive Director

Kendle Zdunich

Marketing & Communications Manager

Sam Unruh

Employee Relations Representative

Jessica Bruner

Employee Relations Representative

Michael Ferro

Employee Relations Representative