Section 3-6A-38.2 - Award of back pay and benefits to employees disciplined without good cause--Reinstatement order--Resolution of adverse impact on budget. - South Dakota Statutes

3-6A-38.2. Award of back pay and benefits to employees disciplined without good cause--Reinstatement order--Resolution of adverse impact on budget. In resolving a grievance, the commission may reinstate an employee who has been disciplined without good cause. If reinstatement is ordered by the commission, the order shall include one or more of the following forms of relief: an award of back pay, an award of back benefits, placement in the same position and location that the employee held before the discipline, or placement in a comparable position and location that the employee held before the discipline. Any award of back pay and benefits which adversely affects an agency's budget shall be considered advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next session of the Legislature.

Source: SDCL § 3-6A-38 as added by SL 1978, ch 26; SL 1985, ch 21, § 7; SL 1993, ch 36, § 2; SL 2010, ch 19, § 56.