Temporary employment in state positions.

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§76-28.5 Temporary employment in state positions. (a) No department or agency of the State shall temporarily employ the same person in the same position that is wholly funded by general funds for more than two terms of eighty-nine days; provided that with the approval of the governor, a department or agency of the State may temporarily employ the same person in the same position for eight terms of eighty-nine days within a consecutive twenty-four-month period.

(b) This section shall not apply to periods of temporary employment when a person has been appointed to a vacant position arising as a result of:

(1) A workers' compensation claim;

(2) Medical leave;

(3) An ongoing investigation;

(4) A shortage category;

(5) A working condition differential;

(6) A remote geographical location;

(7) A seasonal demand for employees;

(8) A leave of absence taken by an incumbent who has return rights;

(9) A need to fill a department of education position for the delivery of special education services; or

(10) A position pending reorganization.

(c) This section shall not apply to the counties. [L 2016, c 246, §1]


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