§76-30 Tenure; resignations. (a) Every member of the civil service shall be entitled to hold the member's position for the duration of the member's appointment as provided in section 76-27. Resignations shall be in writing in accordance with rules.
(b) If an employee resigns without submitting the employee's resignation in writing, if an employee does not report to work for fifteen days without notifying the appointing authority of the employee's employment intentions, if the resignation is submitted while an investigation was pending against the employee, or if the resignation is not accepted for reasons allowed by rules, the appointing authority shall, within fifteen days following the last day the employee reported to work, file with the director a statement showing either resignation or termination of employment, as appropriate under the circumstances.
(c) If the employee does not report for work without authorization, but, within fifteen days following the last day the employee reported for work, expresses a desire to continue employment, the employee shall not be deemed to have resigned. The appointing authority may take appropriate disciplinary action, including discharge, in consideration of the reasons for the employee's absence.
(d) Actions taken by the appointing authority under this section shall, if grieved, be filed pursuant to the departmental complaint procedure and the merit appeals board for employees excluded from coverage under chapter 89, as applicable.
(e) Whenever there are provisions in a collective bargaining agreement that conflict with this section, the terms of the agreement shall prevail. Actions taken by the appointing authority shall, if grieved, be filed pursuant to the contractual grievance procedure. [L 1955, c 274, pt of §1; RL 1955, §3-21(k); am L Sp 1959 2d, c 1, §11; HRS §76-30; gen ch 1985; am L 1994, c 56, §21; am L 2000, c 253, §22]
Structure Hawaii Revised Statutes
Title 7. Public Officers and Employees
76-1 Purposes; merit principle.
76-1.5 Executive branch workforce demographic profile.
76-5 Alternatives in providing human resources program services
76-6 Chapter inoperative, when.
76-11.6 Special, research, or demonstration project positions.
76-12 General powers and duties of director.
76-13 Specific duties and powers of director.
76-14 Merit appeals board; duties, and jurisdiction.
76-15 Examination consultants.
76-16 Civil service and exemptions.
76-17 Rules; policies, standards, and procedures.
76-23.5 Recruitment incentives.
76-27 Probationary service and other requirements for membership in the civil service.
76-28 Forms required of appointing authorities.
76-28.5 Temporary employment in state positions.
76-29 Person ineligible for appointment.
76-30.5 Leaves of absence to accept appointed positions exempt from the civil service; prohibited.
76-41 Performance appraisal systems; failure to meet performance requirements.
76-42 Internal complaint procedures.
76-47 Merit appeals boards; appointment, authority, procedures.
76-50 Compensation and expenses of a merit appeals board.
76-51 Prohibited activities by members of a merit appeals board.
76-71 Department of civil service.