Section 31IAC5-2-4. Temporary and intermittent appointments

   (a) In order to prevent stoppage of public business or loss or serious inconvenience to the public during an emergency, an appointing authority may make an emergency appointment of any qualified person, but notice shall immediately be given of the appointment to the director. Any such person shall be employed only during the emergency and for a period not exceeding ten (10) days. A vacancy of which the appointing authority has had reasonable notice, or an employment condition of which he or she had, or might with due diligence have had, previous knowledge, shall not be considered an emergency under which such emergency appointment may be made. No emergency appointment shall be renewed without express permission from the director.

  (b) Whenever there is urgent need of an employee for a temporary period, the director may authorize a temporary appointment for a period not to exceed ninety (90) working days. Successive temporary appointments of the same person shall not be made. However, an employee may be reappointed at a later date if his or her total employment in a temporary position does not exceed ninety (90) working days in a twelve (12) month period. The period of temporary employment shall not be counted as part of the working test period.

  (c) Whenever there is need for an employee on an irregular or "as needed" basis, a position may be filled by an intermittent appointment. This type of appointment is limited to one hundred eighty (180) working days in a twelve (12) month period unless an exception is:

(1) requested by the appointing authority prior to the appointment and annually thereafter; and

(2) approved by the state personnel department and state budget agency.

The period of intermittent employment shall not be counted as part of the working test period. (State Personnel Department; 31 IAC 5-2-4; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA)