Rhode Island General Laws
Chapter 36-4 - Merit System
Section 36-4-59. - Tenure in state service.

§ 36-4-59. Tenure in state service.
(a)(1) Every person who shall have twenty (20) years, not necessarily consecutive, of service credit, the credits having been earned in either the classified, nonclassified, or unclassified service of the state or a combination of both, shall be deemed to have acquired full status in the position he or she holds at the time of obtaining twenty (20) years of service credit.
(2) For any other position he or she may hold subsequent to the time of obtaining twenty (20) years of service credit, the person, subject to a then existing list, is to be deemed to have acquired full status in the subsequent position and shall be protected by the provisions of this chapter, provided, however:
(i) That military service not to exceed four (4) years of active service shall constitute service credit within the meaning of this section;
(ii) That in case of layoff or the abolition of a position through reorganization or otherwise, any person in that position or subject to layoff, who has full status, otherwise qualified under this section, shall be retained within the state services in a position of similar grade;
(iii) That this section shall not apply to employees of the state government whose method of appointment and salary and term of office is specified by statute;
(iv) That all employees otherwise qualified under this section shall be subject to all of the provisions of dismissal and appeal as elsewhere described in this chapter.
(b) This section shall not apply to those employees whose base entry date is after August 7, 1996.
History of Section.P.L. 1962, ch. 202, § 1; P.L. 1968, ch. 100, § 1; P.L. 1980, ch. 394, § 1; P.L. 1986, ch. 58, § 1; P.L. 1987, ch. 483, § 1; P.L. 1987, ch. 545, § 1; P.L. 1990, ch. 501, § 1; P.L. 1992, ch. 366, § 1; P.L. 1996, ch. 326, § 4.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 36 - Public Officers and Employees

Chapter 36-4 - Merit System

Section 36-4-1. - Divisions of state service.

Section 36-4-2. - Positions in unclassified service.

Section 36-4-2.1. - Exemptions from merit system.

Section 36-4-3. - Branches of classified service.

Section 36-4-4. - Positions classed as noncompetitive.

Section 36-4-5. - Assignment of positions to noncompetitive branch — Transfer to competitive branch.

Section 36-4-6. - Appointments to noncompetitive branch.

Section 36-4-7. - Probationary period in noncompetitive branch — Acquisition of full status.

Section 36-4-8. - Rules — Amendments.

Section 36-4-9. - Adoption of classification plan.

Section 36-4-10. - Changes in plan — Notice of establishment of new positions.

Section 36-4-11. - Allocation of positions to classes within plan.

Section 36-4-12. - Repealed.

Section 36-4-13. - Submission of proposed pay plan for classified service.

Section 36-4-14. - Adoption of pay plan.

Section 36-4-14.1. - Ineligibility for other incentive payments.

Section 36-4-15. - Changes in pay plan for classified service — New classes.

Section 36-4-16. - Unclassified pay plan board — Abolishment — Transfer of functions.

Section 36-4-16.1. - Repealed.

Section 36-4-16.2. - Duties and responsibilities of the department of administration.

Section 36-4-16.3. - Repealed.

Section 36-4-16.4. - Salaries of directors.

Section 36-4-16.5. - Certain unclassified positions excluded.

Section 36-4-17. - Preparation of employment lists.

Section 36-4-17.1. - Longevity payments.

Section 36-4-17.2. - Future longevity payments.

Section 36-4-18. - Competitive tests.

Section 36-4-19. - Placement of names on employment lists — Listing of veterans.

Section 36-4-20. - Duration of employment lists.

Section 36-4-21. - Open continuous competitive tests.

Section 36-4-22. - Promotion examinations and lists.

Section 36-4-23. - Preferred reemployment list.

Section 36-4-23.1. - Reemployment lists.

Section 36-4-24. - Removal of disqualified names from lists.

Section 36-4-25. - Designation of appropriate list for filling of vacancies.

Section 36-4-26. - Certification and appointment to positions in classified service.

Section 36-4-26.1. - Supplemental certification in the civil service — Expanded certification for equal opportunity and affirmative action.

Section 36-4-27. - Unlawful procurement of waiver or withdrawal.

Section 36-4-28. - Probationary period.

Section 36-4-29. - Restoration to former position of promotional appointees dismissed during probation.

Section 36-4-30. - Repealed.

Section 36-4-31. - Temporary appointment when no list available.

Section 36-4-32. - Emergency appointments.

Section 36-4-33. - War duration appointments.

Section 36-4-34. - Transfers within classified service.

Section 36-4-34.1. - Transfer of state employees.

Section 36-4-35. - Demotions.

Section 36-4-36. - Disciplinary suspensions.

Section 36-4-37. - Layoffs — Preference for retention or reemployment.

Section 36-4-38. - Dismissal.

Section 36-4-39. - Retirement or transfer to light duty.

Section 36-4-40. - Appeal from administrator to administrator of adjudication.

Section 36-4-40.1. - Administrator of adjudication — Duties.

Section 36-4-40.2. - Hearings — Appeals.

Section 36-4-41. - Appeal from administrator of adjudication to appeal board.

Section 36-4-42. - Appeal from appointing authority to appeal board.

Section 36-4-43. - Conditions of service.

Section 36-4-44. - Training programs.

Section 36-4-45. - Repealed.

Section 36-4-46. - Reports of changes in status of employees.

Section 36-4-47. - Personnel roster and records — Tabulation and analysis of data.

Section 36-4-48. - Certification of payrolls and accounts.

Section 36-4-49. - Recovery of unlawful payments.

Section 36-4-50. - Merit as basis — Discrimination prohibited.

Section 36-4-50.1. - Certification of select positions.

Section 36-4-51. - Running for elective office by classified employee. [Effective until January 1, 2023.]

Section 36-4-52. - Restrictions on political activities of classified employees.

Section 36-4-53. - Solicitation of political contributions.

Section 36-4-54. - Promise of influence to obtain favors in classified service.

Section 36-4-55 - — 36-4-55.2. Repealed.

Section 36-4-56. - Penalties for violations.

Section 36-4-57. - Compliance with federal standards.

Section 36-4-58. - Severability.

Section 36-4-59. - Tenure in state service.

Section 36-4-60. - Delegation by appointing authority.

Section 36-4-61. - Persons with disabilities — Special list of eligibles.

Section 36-4-62. - Pay incentive program.

Section 36-4-63. - Sick leave and other leave — Effect of discharging upon overtime work and overtime compensation.

Section 36-4-64. - Sick leave — Workers’ compensation.

Section 36-4-65. - Longevity benefits — Department of elementary and secondary education — Legislature.