Accrued Leave
Employees who are dismissed forfeit all vacation, sick, and personal leaves.
How to File a Civil Service Complaint
The complaint procedure is enacted at IC 4-15-2.2-42. Employees in the state civil service, except those appointed by the governor, may file a complaint concerning the application of a law, rule, or policy to that employee. The complaint must identify the law, rule, or policy allegedly violated, the facts supporting the allegation, and the remedy the employee is requesting.
Complaints about disciplinary actions vary depending upon whether the employee is part of the classified or unclassified service.
FSSA, DWD, IDOL, IDOH, IDHS, OALP, and DCS are the only executive branch agencies that employ classified employees. However, not every employee hired at these agencies is part of the classified service.
Once a classified employee has successfully completed his/her working test period, s/he can file a complaint concerning his/her dismissal, demotion, or suspension from the classified service. The agency must prove the action was taken for just cause.
An unclassified employee can file a complaint if s/he is dismissed, demoted, disciplined, or transferred in contravention of public policy. The employee must prove that the reason for management’s decision is either: (1) that the employee was exercising a statutory right (such as filing a worker’s compensation claim, whistle-blowing, or filing a civil service complaint); or (2) fulfilling a statutory duty (such as reporting for jury duty).
You may obtain a complaint form from your agency’s human resource office or the State Personnel Department’s Employee Relations Division, or you may download the form below:
Civil service complaints involve a three-step process, and each step must be initiated timely by the employee:
- Step I is the employee’s appointing authority or designee. Civil service complaints must be initiated at the Step I level (to the employee’s appointing authority or his/her designee) not later than thirty (30) calendar days after the act complained of. All complaints must use the official complaint form and identify the remedy sought. An employee who does not initiate the complaint procedure within the 30-day period waives the right to file that complaint. That 30-day period also defines the retroactive extent of any remedy. The Appointing Authority/designee will respond not later than fifteen (15) calendar days following receipt of the complaint.
- Step II is the Indiana State Personnel Department. If the employee is not satisfied with the Appointing Authority/designee's decision, s/he may submit the complaint to the State Personnel Director not later than fifteen (15) calendar days after the date of the Appointing Authority/designee's response. The Director/designee will respond not later than thirty (30) calendar days following receipt of the complaint.
- Step III is the State Employees’ Appeals Commission (SEAC). If the employee is not satisfied with the Director/designee's decision, s/he may submit a written appeal to the SEAC not later than fifteen (15) calendar days after the date the employee receives notice of the action of the Director/designee. After receiving the complaint, the SEAC will then determine whether all previous steps were completed properly and timely and whether the employee and subject matter of the complaint meet jurisdictional requirements. If jurisdiction is lacking, or if the employee fails to timely and properly submit his/her complaint through the complaint process, the SEAC will dismiss the complaint.
If you have questions about the complaint procedure, timelines, or standards of review, please contact an Employee Relations Specialist in the State Personnel Department at 1-855-SPD-INHR (1-855-773-4647) and choose the Employee Relations prompt.