Cayman Islands Law Legislation & Treaties

Personnel Regulations

In force
Subordinate · 2006 · No. 7 · 2006-0007
Text — 2025 Revision

PUBLISHING DETAILS Revised under the authority of the Law Revision Act (2020 Revision). Personnel Regulations, 2006 made the 19th December, 2006, as amended by the Citation of Acts of Parliament Act, 2020 [Act 56 of 2020]. Consolidated with the — Personnel (Amendment) Regulations, 2009 made the 13th October, 2009, Personnel (Amendment) Regulations, 2010 made the 30th June, 2010, Personnel (Amendment) Regulations, 2011 made the 14th June, 2011, Personnel (Amendment) (No. 2) Regulations, 2011 made the 9th December, 2011, Personnel (Amendment) Regulations, 2012 made the 24th July, 2012, Personnel (Amendment) (No.2) Regulations, 2012 made the 30th August, 2012, Personnel (Amendment) Regulations, 2016 made the 7th September, 2016, Personnel (Amendment) Regulations, 2018 made the 6th November, 2018, Personnel (Amendment) Regulations, 2020 made the 15th December, 2020, and Personnel (Amendment) Regulations, 2024 made the 21st March, 2024. Consolidated and revised this 31st day of December, 2024. Note (not forming part of these Regulations): This revision replaces the 2022 Revision which should now be discarded. Regulation PART 1 – Preliminary PART 2 - Employment of Official Members Procedures Applying to the Appointment and Reappointment of Official Members Terms of Employment of Official Members Procedures Applying to the Dismissal and Early Retirement of Official Members Dismissing Official Members for serious misconduct or significant inadequate PART 3 –Employment of Chief Officers Procedures Applying to the Appointment and Reappointment of Chief Officers Terms of Employment of Chief Officers Procedures Applying to the Dismissal and Early Retirement of Chief Officers PART 4 - Procedures Applying to the Employment of Staff of a Civil Service Entity Procedures Applying to the Appointment and Reappointment of Staff Terms of Employment of Staff Procedures Applying to the Discipline, Dismissal, Early Retirement and Other Termination of Staff Suspending and dismissing staff for gross misconduct involving criminal activity in the Suspending and dismissing staff for gross misconduct involving criminal activity outside PART 5 - Other Requirements Relating to Chief Officers PART 6 – Miscellaneous Standard Terms and Conditions of Employment Performance-related remuneration Employment Agreements Regulation 1 PART 1 – Preliminary Citation These Regulations may be cited as the Personnel Regulations (2025 Revision). Definitions and Interpretation (1) In these Regulations — “Caymanian” has the same meaning as in section 2 of the Immigration (Transition) Act (2022 Revision); “Chief Medical Officer” means the person appointed to the position of that title in the ministry responsible for health; “child” means — (a) the offspring of the employee; (b) a step-child; a child legally adopted; or (d) a foster child; Regulation 2 “civil service entity” means a portfolio, ministry, the Audit Office, Cabinet Office, Office of Public Prosecutions, Judicial Administration or the office of the Ombudsman; “dependent child” means the offspring of the employee, a step-child, a child legally adopted or a foster child who is — (a) under 18 years of age, unmarried and does not earn a living wage; or (b) aged 18 or over but under 23 years of age, unmarried and in full time education at a university or other tertiary education institution; “fixed-term employment agreement” means an employment agreement which has a defined date of cessation; “foster child” means a child who is cared for, and provided with accommodation by, someone other than — (a) a parent of the child; (b) a person who is not a parent of the child but who has de facto parental responsibility for the child; or a relative of the child; “full-time study” means undertaking a full-time course at an approved educational institution either in the Cayman Islands or overseas while being absent from normal employment duties during the period of the course; “immediate family” means a spouse, child, father, mother, brother or sister; “interim position” means a position in a civil service entity from which the substantive holder of the position is or is expected to be absent for a period longer than twelve months; “medical board” means the medical board appointed under regulation 53; “normal retirement age” means the age referred to in paragraph 18 of “Notional Public Holidays”, in relation to employees whose hours of work are shift based, means an equivalent number of time-in-lieu days as there are public holidays in any given calendar year; “open-term employment agreement” means an agreement with no fixed date for the end of employment other than the date of retirement; “part-time study” means the undertaking of a course by way of — (a) correspondence or distance learning; or (b) attendance at an educational institution in the Cayman Islands, while also undertaking normal employment duties; “phased retirement” means retirement as mentioned in section 23(3) of the Public Service Pensions Act (2021 Revision); “principal Act” means the Public Service Management Act (2018 Revision); Regulation 3 “principal employer” means the employer (amongst two or more) who employs a person for more than 15 hours a week, or if no employer does this, the employer who first employed the employee; “registered medical doctor” means a medical doctor who is a registered practitioner under the Health Practice Act (2021 Revision); “remuneration level” includes all elements of the civil servant’s remuneration; “salaried employee” means an employee whose principal remuneration component is a salary; “tenure” means the period of employment. (2) For purposes of clarification it is declared that where these Regulations require the Head of the Civil Service to consult with the Official Member responsible for a portfolio, no such consultation shall be required where the Head of the Civil Service is also the Official Member responsible for the portfolio concerned. Application (1) These Regulations apply to all civil service entities. (2) These Regulations shall apply from 1 January 2007, except regulation 47 and paragraph 3(3)(b) of Schedule 1, which shall apply from such date as the Cabinet may by Order specify. (3) The decision of the Head of the Civil Service as to the correct interpretation of these Regulations shall not be subject to appeal. PART 2 - Employment of Official Members Procedures Applying to the Appointment and Reappointment of Official Actions to finalise appointment of Official Members Before making the appointment of an Official Member under section 9(1) and (2) of the principal Act, the Governor shall agree with the person to be appointed an employment agreement, a specific remuneration level and other terms and conditions of employment in accordance with the requirements of this Part. Reappointment of Official Members at the end of a fixed-term employment Before reappointing an Official Member who has reached the end of a fixed-term employment agreement under section 9(3) of the principal Act, the Governor shall — Regulation 6 (a) consider whether to reappoint the Official Member on a fixed-term employment agreement for a further period, taking into account the performance of the Official Member to date, other possible candidates for the position, and any other factors the Governor thinks relevant; and (b) either — (i) reappoint the Official Member on a fixed-term employment agreement for a further period, in which case the Governor shall agree a new fixed-term employment agreement, a specific remuneration level and other terms and conditions of employment with the reappointed Official Member in accordance with the requirements of this Part; or (ii) declare the position vacant and appoint a new Official Member under section 9(1) and (2) of the principal Act. of Official who have reached normal retirement age (1) Before reappointing an Official Member who has attained the normal retirement age for civil servants under section 9(4) of the principal Act, the following procedures shall apply — (a) the Official Member shall obtain a certificate of medical fitness issued by a registered medical doctor. (b) the Governor shall consider the medical report and the reasons why the Official Member should be reappointed, including evidence that the Official Member’s previous performance is adequate and that the Official Member is capable; and the Governor shall decide either to — (i) reappoint the Official Member, in which case the appointing officer shall agree a new fixed-term employment agreement for a period of no more than two years, a specific remuneration level and other terms and conditions of employment with the reappointed chief officer in (ii) declare the position vacant and appoint a new Official Member under section 9(4) of the principal Act. (2) An Official Member who has attained the normal retirement age for civil servants and who has been appointed on a fixed-term employment agreement under paragraph (1)(c)(i), may be reappointed for a further fixed-term period provided that the provisions of paragraph (1) are complied with. Regulation 7 Terms of Employment of Official Members Official Member’s terms and conditions (1) The terms and conditions of employment under which an Official Member shall be employed under section 10(1) of the principal Act, shall be those specified in Schedule 1. (2) Subject to regulations 5 and 6, the tenure of Official Members shall be as (a) Caymanians shall be employed on an open-term employment Official Member’s remuneration (1) The remuneration of an Official Member agreed between the Governor and that Official Member under section 11(2)(a) of the principal Act, shall be calculated (2) The performance-related portion of an Official Member’s remuneration required by section 11(2)(b) of the principal Act shall be established in accordance with Schedule 3. Official Member’s employment agreement An Official Member’s employment agreement prepared in accordance with section 10(2) of the principal Act shall comply with Schedule 4. Procedures Applying to the Dismissal and Early Retirement of Official Dismissing Official Members for gross misconduct

#10. (1) Before determining whether to dismiss an Official Member on the grounds of g…

(1) Before determining whether to dismiss an Official Member on the grounds of gross misconduct under section 12(1) of the act, the Governor shall — (a) collect evidence of the actions or omissions of the Official Member that are the subject of concern; collected, and advise the Official Member that the actions or omissions may be grounds for instant dismissal; provide an opportunity for the Official Member to explain their position (both orally and in writing); and (d) reassess the situation in light of the Official Member’s explanation. Regulation 11 (2) If, after the process specified in paragraph (1) has been completed, the Governor is of the view that the grounds for dismissing the Official Member for gross misconduct under section 12(1) of the principal Act have been proven, the Governor may dismiss the Official Member with immediate effect. (3) Upon deciding to dismiss an Official Member under paragraph (2), the Governor, at the earliest opportunity, shall — (a) notify the Official Member that the Official Member is being dismissed under the terms of that Official Member’s employment agreement; and (4) Notwithstanding paragraphs (1) to (3), where the gross misconduct involves criminal activity either within or outside the workplace, the provisions of regulations 40 and 41 shall apply except that any references in those sections to a staff member shall be replaced with an Official Member. Dismissing Official Members for serious misconduct or significant inadequate performance

#11. (1) Before determining whether to dismiss an Official Member on the grounds of s…

(1) Before determining whether to dismiss an Official Member on the grounds of serious misconduct or significant inadequate performance under section 12(1) of the principal Act, the Governor shall — (a) collect evidence of the actions or omissions of the Official Member that are the subject of concern; collected, allow the Official Member to provide an explanation, and (if the explanation is not satisfactory) provide a warning that if there is not corrective action dismissal could result; provide a reasonable period of time (being not less than one month), and reasonable amount of support for the Official Member to take corrective (d) reassess the actions of the Official Member after the period of time. (2) If, after the process specified in paragraph (1) has been completed, the Governor is of the view that the grounds for dismissing the Official Member for serious misconduct or significant inadequate performance under section 12(1) of the principal Act exist, the Governor may dismiss the Official Member. (3) Upon deciding to dismiss an Official Member under paragraph (2), the Governor, at the earliest opportunity, shall — (a) notify the Official Member that the Official Member is being dismissed under the terms of the Official Member’s employment agreement; and Regulation 12 Retiring Official Members early on medical grounds

#12. (1) Before determining whether to require an Official Member to take early retir…

(1) Before determining whether to require an Official Member to take early retirement on medical grounds under section 12 of the principal Act, the Governor shall — (a) collect evidence to show that the Official Member’s disability is preventing the required duties from being performed in a substantial way; collected, and provide an opportunity for the Official Member to explain their position; provide a reasonable period of time, and reasonable amount of support for the Official Member to show that the Official Member is able to perform the required duties satisfactorily; (d) if there is insufficient improvement, advise the Official Member that — (i) the Official Member will be required to appear before a medical board to have their disability assessed; and the Official Member from satisfactorily carrying out their duties, the Official Member will be required to take early retirement on medical grounds; (e) assess the Official Member; and (f) ensure that the Official Member is advised in writing of the results of the medical board in a timely manner. (2) If after the process specified in paragraph (1) has been completed, the Chief Medical Officer confirms that the disability is permanent and likely to prevent the Official Member from satisfactorily carrying out their duties, the Governor may retire the Official Member early under section 12(2) of the principal Act. (3) Upon deciding to retire an Official Member early under paragraph (2), the Governor shall, at the earliest opportunity — (a) notify the Official Member that the Official Member is being retired early on medical grounds under the terms of the Official Member’s employment (b) provide the Official Member with three months’ notice of the retirement. PART 3 –Employment of Chief Officers Regulation 13 Procedures Applying to the Appointment and Reappointment of Chief Officers Notification of chief officer vacancies

#13. When notifying a vacancy or impending vacancy for the position of a chief office…

When notifying a vacancy or impending vacancy for the position of a chief officer under sections 26(1)(b), 35 or 36 of the principal Act, the appointing officer shall advertise the vacancy within the civil service and, if the appointing officer considers suitable candidates may not be found from within the existing civil service, in the local and international media as follows — (a) advertisements shall be placed in whatever medium the appointing officer thinks fit provided that they provide ample opportunity for potentially interested applicants inside the civil service (and, where the appointing officer considers it necessary to advertise externally, outside the civil service) to become aware of the vacancy; (b) advertisements shall include a summary of the duties, the skills and attributes required of applicants, the remuneration range, the information to be provided by applicants, the authority to which applications are to be submitted, and the closing date and time of applications; and the time between the appearing of the advertisement and the closing date for applications shall be no less than fourteen calendar days. Actions to finalise appointment of chief officers

#14. (1) Before making the appointment of a chief officer under section 26(1)(f), 35 …

(1) Before making the appointment of a chief officer under section 26(1)(f), 35 or 36 of the principal Act, the appointing officer shall agree with the preferred candidate an employment agreement, a specific remuneration level and other terms and conditions of employment in accordance with the requirements of this Part. (2) Once the appointment of the chief officer has been made, the appointing officer shall, within seven days, advise all unsuccessful applicants in writing. Reappointment of chief officers at the end of a fixed-term employment

#15. Before reappointing a chief officer who has reached the end of a fixed-term empl…

Before reappointing a chief officer who has reached the end of a fixed-term employment agreement under section 26(2), 35 or 36 of the principal Act, the appointing officer shall apply the following procedures — (a) the appointing officer shall consider whether to reappoint the chief officer on a fixed-term employment agreement for a further period, taking into account — (i) the performance of the chief officer to date; (ii) other possible candidates for the position in civil service entities or elsewhere in the Islands; Regulation 16 (iii) the requirement that where two or more persons rank broadly at the same level in terms of qualifications, skills, knowledge, experience and integrity, Caymanians shall be given preference; and (iv) any other factors the appointing officer thinks relevant; (b) after completing the process in subparagraph (a), the appointing officer may agree either — (i) to reappoint the chief officer on a fixed-term employment agreement for a further period, in which case the appointing officer shall agree a new fixed-term employment agreement, a specific remuneration level and other terms and conditions of employment with the reappointed chief officer in accordance with the requirements of this Part; or (ii) to declare the position vacant and initiate the appointment of a new chief officer under sections 26(1), 35 or 36 of the principal Act; and where the Head of the Civil Service is the appointing officer, the Head of the Civil Service shall consult with the Governor before taking an action under subparagraph (b). Reappointment of chief officers who have reached normal retirement age

#16. (1) Before reappointing a chief officer who has attained the normal retirement a…

(1) Before reappointing a chief officer who has attained the normal retirement age for civil servants under sections 26(3), 35 or 36 of the principal Act, the appointing officer shall apply the following procedures — (a) the chief officer shall obtain a certificate of medical fitness issued by a registered medical doctor; (b) the appointing officer shall consider — (i) the medical report; (ii) the reasons why the chief officer should be reappointed, including evidence that the chief officer’s previous performance is adequate and that the chief officer is capable; and (iii) whether the reappointment will unduly impede the promotion of Caymanian staff members; after completing the process in subparagraph (b), the appointing officer may decide either to — (i) reappoint the chief officer, in which case the appointing officer shall agree a new fixed-term employment agreement for a period of no more than two years, a specific remuneration level and other terms and conditions of employment with the reappointed chief officer in Regulation 17 (ii) declare the position vacant and initiate the appointment of a new chief officer in accordance with sections 26(1), 35 or 36 of the principal Act; (d) where the Head of the Civil Service is the appointing officer, the Head of the Civil Service shall consult with the Governor before taking an action under subparagraph (c). (2) A chief officer who has attained the normal retirement age for civil servants and who has been appointed on a fixed-term employment agreement under paragraph (1)(c)(i), may be reappointed for a further fixed-term period provided that the provisions of paragraph (1) are complied with in making the Appointment of acting chief officer

#17. (1) An appointing officer appointing a civil servant to act as a chief officer u…

(1) An appointing officer appointing a civil servant to act as a chief officer under sections 26(4), 35 or 36 of the principal Act may do so without following the notification, short-listing, interviewing or other processes required by sections 26(1), 35 or 36 of the principal Act, provided that the period during which the civil servant shall act in the position is no more than twelve months. (2) If the period of acting is to be longer than twelve months, or if a civil servant appointed under paragraph (1) has already acted in the position for a period of at least twelve months, the position shall be advertised as an interim position and filled under sections 26(4), 35 or 36 of the principal Act. (3) A civil servant appointed to act as a chief officer under paragraph (1) may continue to hold their substantive position during the period of their acting appointment. (4) If the appointing officer determines that it is necessary for the proper carryingout of the duties of the interim position, a civil servant appointed to be an interim chief officer under paragraph (2) shall take a leave of absence from their substantive position while filling the interim position but shall be entitled to return to their substantive position when their appointment to the interim position comes to an end. Terms of Employment of Chief Officers Chief officer terms and conditions

#18. (1) The terms and conditions of employment under which a chief officer is to be …

(1) The terms and conditions of employment under which a chief officer is to be employed under section 27(1) of the principal Act, shall be those specified in (2) Subject to regulations 15 and 16, the tenure of chief officers shall be as Regulation 19 (a) Caymanians shall be employed on an open-term employment (3) Notwithstanding paragraph (2), the tenure of the Ombudsman shall be in accordance with the Ombudsman Act (2021 Revision). Chief officer remuneration

#19. (1) The remuneration of a chief officer agreed between an appointing officer and…

(1) The remuneration of a chief officer agreed between an appointing officer and that chief officer under section 28(2)(a) of the principal Act, shall be calculated (2) The performance-related portion of a chief officer’s remuneration required by section 28(2)(b) of the principal Act shall be established in accordance with Chief officer employment agreement

#20. (1) A chief officer’s employment agreement prepared under section 27(2) of the p…

(1) A chief officer’s employment agreement prepared under section 27(2) of the principal Act, shall comply with Schedule 4. (2) A chief officer who is in office on 29th December, 2006, the commencement date of the Personnel Regulations. 2006, shall not be required to enter into a new employment agreement unless the chief officer is appointed to a different position or the circumstances of that chief officer’s employment change before entering into a new period of service. Procedures Applying to the Dismissal and Early Retirement of Chief Officers Dismissing chief officers for gross misconduct

#21. (1) Before determining whether to dismiss a chief officer on the grounds of gros…

(1) Before determining whether to dismiss a chief officer on the grounds of gross misconduct under sections 29(1) or 38 of the principal Act, an appointing officer, with the assistance of the Portfolio of the Civil Service as required, shall — (a) collect evidence of the actions or omissions of the chief officer that are the subject of concern; and advise the chief officer that the actions or omissions may be grounds for instant dismissal; Regulation 22 (d) provide an opportunity for the chief officer to explain their position (both orally and in writing); and (e) reassess the situation in light of the chief officer’s explanation. appointing officer is of the view that the grounds for dismissing the chief officer for gross misconduct under sections 29(1) or 38 of the principal Act have been proven, the appointing officer may dismiss the chief officer with immediate effect. (3) Upon deciding to dismiss a chief officer under paragraph (2), the appointing (a) notify the chief officer that the chief officer is being dismissed under the terms of that chief officer’s employment agreement; and (4) Notwithstanding paragraphs (1) to (3), where the gross misconduct involves criminal activity either within or outside the workplace, regulations 40 and 41 shall apply except that any references in those sections to a staff member shall be replaced with a chief officer. Dismissing chief officers for serious misconduct or significant inadequate

#22. (1) Before determining whether to dismiss a chief officer on the grounds of seri…

(1) Before determining whether to dismiss a chief officer on the grounds of serious misconduct or significant inadequate performance under sections 29(1) or 38 of the principal Act, the appointing officer, with the assistance of the Portfolio of the Civil Service as required, shall — (a) collect evidence of the actions or omissions of the chief officer that are the subject of concern; allow the chief officer to provide an explanation, and (if the explanation is not satisfactory) provide a warning that if there is no corrective action dismissal could result; (d) provide a reasonable period of time (being not less than one month), and reasonable amount of support, for the chief officer to take corrective (e) if insufficient corrective action is taken, advise the chief officer of the ongoing concern (both orally and in writing) and issue a second warning that if corrective action is not taken dismissal could occur; Regulation 22 (f) provide a further reasonable period of time, and reasonable amount of support for the chief officer to take corrective action; and (g) reassess the actions of the chief officer after the second period of time. appointing officer is of the view that the grounds for dismissing the chief officer for serious misconduct or significant inadequate performance under sections 29(1) or 38 of the principal Act have been proven, the appointing officer may dismiss the chief officer. (3) If, after the process specified in paragraph (1)(d) or (1)(g) has been completed, the appointing officer is of the view that the chief officer has undertaken (a) to be specified) and that any further instances of serious misconduct or significant inadequate performance during this period will result in dismissal. no serious misconduct or significant inadequate performance during the further warning period, the appointing officer shall advise the staff member (both orally and in writing) that the further warning period has expired and the warning is being removed from that staff member’s personnel file. further instance of serious misconduct or significant inadequate performance during the further warning period, the appointing officer may dismiss the chief officer provided that the appointing officer first — (a) collects evidence of the actions of the chief officer which are the subject of concern; and (b) advises the chief officer of the concerns (both orally and in writing) and allows the chief officer to provide an explanation. (6) Upon deciding to dismiss a chief officer under paragraphs (2) and (5), the appointing officer shall, at the earliest opportunity — (a) notify the chief officer that the chief officer is being dismissed under the terms of that chief officer’s employment agreement; and Regulation 23 Retiring chief officers early on medical grounds

#23. (1) Before determining whether to require a chief officer to take early retireme…

(1) Before determining whether to require a chief officer to take early retirement on medical grounds under sections 29(2) and 38 of the principal Act, the appointing officer, with the assistance of the Portfolio of the Civil Service as required, shall — (a) collect evidence to show that the chief officer’s disability is preventing the required duties from being performed in a substantial way; and provide an opportunity for the chief officer to explain their position; (d) provide a reasonable period of time, and a reasonable amount of support for the chief officer to show that the chief officer is able to perform the required duties satisfactorily; (e) if there is insufficient improvement, advise the chief officer that — (i) that chief officer will be required to appear before a medical board to have their disability assessed and; the chief officer from satisfactorily carrying out their duties, the chief officer will be required to take early retirement on medical grounds; (f) assess the chief officer; and (g) ensure that the chief officer is advised in writing of the results of the medical board in a timely manner. (2) If after the process specified in paragraph (1) has been completed, the Chief Medical Officer confirms that the disability is permanent and likely to prevent the chief officer from satisfactorily carrying out their duties, the appointing officer may effect early retirement of the chief officer under sections 29(2) and 38 of the principal Act. (3) Upon deciding to effect early retirement of a chief officer under paragraph (2), the appointing officer, at the earliest opportunity, shall — (a) notify the chief officer that the chief officer is being retired early on medical grounds under the terms of the chief officer’s employment (b) provide the chief officer with three months’ notice of the retirement. Regulation 24 Retirement of chief officers to improve the organisation

#24. (1) Before determining whether to require a chief officer to retire to improve t…

(1) Before determining whether to require a chief officer to retire to improve the efficiency of the civil service entity under sections 29(3) and 38 of the principal Act, the appointing officer, with the assistance of the Portfolio of the Civil Service as required, shall — (a) evaluate the effect that retiring the chief officer will have on the performance of the civil service entity; (b) advise the chief officer (both orally and in writing) of the intention to require the chief officer to retire to improve the organisation, and provide an opportunity for the chief officer to explain their position; and re-evaluate the effect of retiring the chief officer in light of the explanation provided in subparagraph (b), and notify the chief officer (both orally and in writing) of the results of the re-evaluation. appointing officer is of the view that retiring the chief officer will improve the efficiency of the civil service entity, the appointing officer may retire the chief officer under sections 29(3) and 38 of the principal Act. (3) Upon deciding to retire a chief officer under paragraph (2), the appointing (a) notify the chief officer that the chief officer is being retired to improve the organisation, under the terms of the chief officer’s employment agreement; and (b) provide the chief officer with three months’ notice of the retirement. PART 4 - Procedures Applying to the Employment of Staff of a Civil Service Entity Procedures Applying to the Appointment and Reappointment of Staff Notification of staff vacancies

#25. When notifying a vacancy in the chief officer’s civil service entity under secti…

When notifying a vacancy in the chief officer’s civil service entity under section 41(4) of the principal Act, an appointing officer shall advertise the vacancy within the civil service and, if the chief officer considers suitable candidates may not be found from within the civil service, in the local and international media as follows — (a) advertisements shall be placed in whatever medium the appointing officer thinks fit provided that they provide ample opportunity for potentially interested applicants inside the civil service (and, where the appointing Regulation 26 authority considers it necessary to advertise externally, outside the civil service) to become aware of the vacancy; (b) advertisements shall include a summary of the duties, the skills and attributes required of applicants, the remuneration range, the information to be provided by applicants, the authority to which applications are to be submitted, and the closing date and time of applications ; and the time between the appearing of the advertisement and the closing date for applications shall be no less than fourteen calendar days. Criterion for shortlisting

#26. When in compiling the shortlist under section 41(6) of the principal Act a Cayma…

When in compiling the shortlist under section 41(6) of the principal Act a Caymanian and a non-Caymanian are found to rank broadly at the same level, the Caymanian shall be given preference. Interview panels

#27. (1) When establishing an interview panel under section 41(7) (a) of the principa…

(1) When establishing an interview panel under section 41(7) (a) of the principal Act, the appointing officer shall ensure that the panel consists of no fewer than three persons who — (a) have an understanding of the duties, skills and attributes of the position; (b) have no conflict of interest; and are able to act in an independent and unbiased manner in relation to the appointment concerned. (2) Where required by the Head of the Civil Service, the interview panel shall include a staff member from the Portfolio of the Civil Service. Actions to finalise appointment of staff

#28. (1) Before making the appointment, promotion or transfer of a staff member under…

(1) Before making the appointment, promotion or transfer of a staff member under section 41 of the principal Act, the appointing officer, shall — (a) if the appointing officer thinks it appropriate, undertake a background check on the appointee, such background check being relevant to the duties of the position and being in addition to any references obtained under section 41(9) of the principal Act; (b) obtain from the appointee (if the appointee is not already a civil servant) a medical certificate from a registered medical doctor indicating that the employee’s physical and mental condition is satisfactory for the position; enter into an employment agreement with the employee which shall contain, a specific remuneration level and other terms and conditions of employment in accordance with the requirements of this Part. (2) Once the appointment of the staff member has been finalised, the appointing officer shall, within seven days, advise all unsuccessful applicants in writing. Regulation 29 Reappointment of staff at the end of a fixed-term employment agreement

#29. Before reappointing a staff member who has reached the end of a fixed-term emplo…

Before reappointing a staff member who has reached the end of a fixed-term employment agreement under section 41(10) of the principal Act, the appointing officer shall apply the following procedures — (a) the appointing officer shall consider whether to reappoint the staff member on a fixed-term employment agreement for a further period, taking into account — (i) the performance of the staff member to date; (ii) other possible candidates for the position; (iii) the requirement that where two or more persons rank broadly at the same level in terms of qualifications, skills, knowledge and experience, Caymanians shall be given preference; and (iv) any other factors the appointing officer thinks relevant; and (b) following discussion with the staff member concerned, the appointing officer may agree either to — (i) reappoint the staff member on a fixed-term employment agreement for a further period, in which case the appointing officer shall agree a new fixed-term employment agreement, a specific remuneration level and other terms and conditions of employment with the reappointed staff member in accordance with the requirements of this Part; or (ii) declare the position vacant and initiate the appointment of a new staff member under section 41 of the principal Act. Reappointment of staff who have reached normal retirement age

#30. (1) Before reappointing a staff member who has attained the normal retirement ag…

(1) Before reappointing a staff member who has attained the normal retirement age for civil servants under section 41(11) of the principal Act, the appointing officer shall apply the following procedures — (a) the staff member concerned shall obtain a certificate of medical fitness issued by a registered medical doctor; (b) the appointing officer shall consider — (i) the medical report; (ii) the reasons why the staff member should be reappointed, including evidence the staff member’s previous performance is adequate and that the staff member is capable; and (iii) whether the reappointment will unduly impede the promotion of Caymanian staff members; following consultation with the staff member concerned, the appointing officer may decide either to — Regulation 31 (i) reappoint the staff member, in which case the appointing officer shall agree a new fixed-term employment agreement for a period of no more than two years, a specific remuneration level and other terms and conditions of employment with the reappointed staff member in (ii) declare the position vacant and make a new appointment under section 41 of the principal Act. (2) A staff member who has attained the normal retirement age for civil servants and who has been appointed on a fixed-term employment agreement under paragraph (1)(c)(i), may be reappointed for a further fixed-term period provided that the provisions of paragraph (1) are complied with in making the Appointment of staff to acting positions

#31. (1) An appointing officer who is appointing a staff member to act in a position …

(1) An appointing officer who is appointing a staff member to act in a position under section 41(12) of the principal Act may, under section 41(13) of the principal Act, do so without following the notification, short-listing, interviewing or other processes required by section 41(2) to (9) of the principal Act, provided that the period the staff member is to act in the position is no more than twelve months. (2) If the period of acting is to be longer than twelve months, or if a staff member appointed under paragraph (1) has already acted in the position for a period of at least twelve months, the position shall be advertised as an interim position and filled under the requirements of section 41(2) to (9) of the principal Act. (3) A civil servant appointed to act in a position under paragraph (1) may continue to hold their substantive position during the period of their acting appointment. (4) If the appointing officer determines it necessary for the proper carrying-out of the duties of the interim position, a civil servant appointed to an interim position under paragraph (2) shall take a leave of absence from their substantive position while filling the interim position but shall return to their substantive position when their appointment to the interim position is completed. Appointment of staff without open competition

#32. (1) An appointment under section 41(13) of the principal Act shall be made only …

(1) An appointment under section 41(13) of the principal Act shall be made only where — (a) the person appointed is returning from study and is being appointed to a position in the civil service for the first time; (b) the person appointed is to be appointed to a position lasting three months or less and has not previously been appointed to that position or a similar position; Regulation 33 the necessity for the appointment is so exceptionally urgent that complying with the processes required by section 41(2) to (9) of the principal Act is neither feasible nor practical; (d) the person appointed has opted to take phased retirement and, following retirement, has been appointed pursuant to section 41(11)(b) of the principal Act, on a lower remuneration band where such a vacancy exists; or (e) the person appointed is a student intern who is being appointed to a position lasting nine months or less. (2) Before the Head of the Civil Service gives their approval as required by section 41(13) of the principal Act, the Head of the Civil Service shall satisfy themselves that making the appointment will not unreasonably prejudice the ability of other persons to be considered for the position. Transfer of staff in the public interest

#33. (1) A transfer made under section 41(14) of the principal Act shall be made only…

(1) A transfer made under section 41(14) of the principal Act shall be made only where, in the opinion of the appointing officer, it is in the public interest to make the transfer. (2) Before the Head of the Civil Service gives approval as required by section 41(14) of the principal Act, the Head of the Civil Service shall satisfy themselves that making the appointment will not unreasonably prejudice the ability of other persons to be considered for the position. (3) A transfer made under section 41(14A) of the principal Act shall be made only where the person being transferred is not the subject of an active disciplinary process pursuant to section 44 of the principal Act. Terms of Employment of Staff Staff terms and conditions

#34. (1) The minimum terms and conditions of employment to be agreed between an appoi…

(1) The minimum terms and conditions of employment to be agreed between an appointing officer and a staff member under section 43(3) of the principal Act, shall be those specified in Schedule 1. (2) Subject to regulations 29, 30 and 35, the tenure of staff shall be as follows — (a) Caymanians shall be employed on an open-term employment agreement, except where — (i) the staff member is past the normal retirement age, in which case the appointment shall be on a fixed-term employment agreement for a period of no more than two years; Regulation 35 (ii) the duties of the position to which the appointment relates have a finite life, in which case the appointment shall be on a fixed-term employment agreement for a period equal to the life of the duties; (iii) the appointing officer determines that there are good reasons why the staff member should be appointed on a fixed-term employment (iv) the staff member is being reemployed as a result of taking phased retirement; and Probationary appointments

#35. (1) A new staff member may, by written employment agreement, contract with the a…

(1) A new staff member may, by written employment agreement, contract with the appointing officer to be employed on probationary terms and if probation is agreed upon, the initial period shall not exceed six months. (2) At the end of the initial probationary period the appointing officer and the staff member may, by further written contract, extend that period for one additional term not exceeding six months and such further agreement shall be appended to the initial employment agreement. (3) At any time during the probationary period the appointing officer may terminate the staff member’s employment but may do so only on the basis of gross misconduct, serious misconduct or significant inadequate performance and in doing so shall comply with regulations 39 to 42. (4) At the end of the initial probationary period, or where relevant the second probationary period, the appointing officer shall either — (a) confirm the appointment, in which case a new employment agreement shall be entered into with the staff member in accordance with the requirements of this Part and the staff member’s term of employment shall be determined in accordance with regulation 34; or (b) dismiss the staff member under the requirements of paragraph (3). Staff remuneration

#36. (1) The remuneration of a staff member agreed between an appointing officer and …

(1) The remuneration of a staff member agreed between an appointing officer and that staff member under section 43(1) of the principal Act, shall be calculated (2) Where the remuneration of a staff member includes a performance-related portion under section 43(2) of the principal Act, that performance-related portion shall be established in accordance with Schedule 3. Regulation 37 Staff employment agreements

#37. (1) A staff member’s employment agreement prepared under section 42(1) of the pr…

(1) A staff member’s employment agreement prepared under section 42(1) of the principal Act, shall comply with Schedule 4. (2) A civil servant who is in office on the coming into force of these Regulations shall not be required to enter into a new employment agreement unless the civil servant is appointed to a different position or the circumstances of their employment change before entering into a new period of service. Procedures Applying to the Discipline, Dismissal, Early Retirement and Other Termination of Staff Disciplining staff

#38. (1) Before determining whether to discipline a staff member for minor misconduct…

(1) Before determining whether to discipline a staff member for minor misconduct (including criminal activity in the workplace that does not fall within the definition of gross misconduct) or inadequate performance over a reasonable period of time under section 44(3) of the principal Act, an appointing officer — (a) shall — (i) collect evidence of the actions or omissions of the staff member that (ii) advise the staff member of the concerns (both orally and in writing) collected, and allow the staff member to provide an explanation, and; (b) shall, if the explanation is not satisfactory — (i) provide the staff member with a warning that, if there is not corrective action, disciplinary action could be taken; (ii) advise the staff member of the likely nature of that disciplinary action; and (iii) provide a reasonable period of time (being not less than one month), and a reasonable amount of support for the staff member to take corrective action; shall, if insufficient corrective action is taken — (i) advise the staff member of the ongoing concern (both orally and in writing) and issue a second warning that if corrective action is not taken immediately disciplinary action will be taken; and (ii) provide a further reasonable period of time, and reasonable amount of support for the staff member to take corrective action; and (d) shall assess the actions of the staff member after the second period of time to determine whether sufficient corrective action has been taken, and Regulation 38 notify the staff member (both orally and in writing) of the results of the assessment. appointing officer is of the view that the grounds for disciplinary action specified in section 44(3) of the principal Act exist, the appointing officer may take one of the following disciplinary actions — (a) issue a written reprimand; (b) re-assign the staff member to alternative duties; suspend the staff member either without pay, or up to half-pay, for a period of no more than one month; or (d) such other disciplinary actions as are provided for under Regulations or Rules issued under a Law applying to the civil service entity. (3) If, after the process specified in paragraph (1)(b) or (1)(d) has been completed, the appointing officer is of the view that the staff member has undertaken (a) to be specified) and that any further instances of minor misconduct or inadequate performance during this period will result in disciplinary no minor misconduct or inadequate performance during the further warning period, the appointing officer shall advise the staff member (both orally and in writing) that the further warning period has expired and the warning is being removed from the staff member’s personnel file. further instance of minor misconduct or inadequate performance during the further warning period, the appointing officer may discipline the staff member using one of the disciplinary actions or omissions specified in paragraph (2) provided that the appointing officer first — (a) collects evidence of the actions or omissions of the staff member which (b) advises the staff member of the concerns (both orally and in writing) collected, and allows the staff member to provide an explanation. Regulation 39 Dismissing staff for gross misconduct not involving criminal activity

#39. (1) Before determining whether to dismiss a staff member on the grounds of gross…

(1) Before determining whether to dismiss a staff member on the grounds of gross misconduct (other than gross misconduct involving criminal activity where regulations 40 and 41 apply) under section 44(4) of the principal Act, an appointing officer shall — (a) collect evidence of the actions or omissions of the staff member that are the subject of concern; collected, and advise the staff member that the actions or omissions may be grounds for instant dismissal; provide an opportunity for the staff member to explain their position (both orally and in writing); and (d) reassess the situation in light of the staff member’s explanation and notify the staff member (both orally and in writing), of the results of the reassessment. appointing officer is of the view that the grounds for dismissing the staff member for gross misconduct under section 44(4) of the principal Act have been proven, the appointing officer may dismiss the staff member with immediate effect. (3) Upon deciding to dismiss a staff member under paragraph (2), the appointing (a) terms of the the staff member’s employment agreement; and (4) Upon dismissing a staff member on the grounds of gross misconduct, the appointing officer shall notify the Head of the Civil Service in writing of the dismissal, the grounds, and the process followed. Suspending and dismissing staff for gross misconduct involving criminal activity in the workplace

#40. (1) Before determining whether to dismiss a staff member on the grounds of gross…

(1) Before determining whether to dismiss a staff member on the grounds of gross misconduct, and that gross misconduct involves alleged criminal activity in the work place, an appointing officer shall — (a) collect evidence of the staff member’s alleged criminal activity and satisfy themselves that such activity is significant enough to fall within the definition of gross misconduct; Regulation 41 collected, and allow the staff member an opportunity to provide an explanation (both orally and in writing). appointing officer is of the view that there are reasonable grounds to believe that the staff member has been involved in criminal activity in the workplace, and that activity is significant enough to fall within the definition of gross misconduct, the appointing officer shall advise the police at an early opportunity and — (a) advise the staff member of this fact orally and in writing; and (b) arrange for the suspension on full-pay to take immediate effect. (3) Repealed by regulation 6 of the Personnel (Amendment) Regulations, 2009. (4) If the staff member is subsequently convicted of a criminal offence, and that offence is significant enough to fall within the definition of gross misconduct, the appointing officer may dismiss the staff member from the date of conviction in which case, at the earliest opportunity, the appointing officer shall — (a) terms of that staff member’s employment agreement; and (5) If — (a) after the process specified in paragraph (2) has been completed the staff member is subsequently not charged; or (b) after the process specified in paragraph (4) has been completed the staff member is subsequently not convicted or if convicted the conviction is set aside wholly and the period of any appeal has expired, the staff member shall be reinstated to their position, or to a similar position within the civil service entity. (6) Where a staff member has been suspended in accordance with paragraph (2), an appointing officer shall provide the Head of the Civil Service with a summary of the status of the criminal case and suspension, and such summaries shall be provided every twelve months until the matter is resolved in accordance with paragraph (4) or (5). Suspending and dismissing staff for gross misconduct involving criminal activity outside the workplace

#41. (1) Before determining whether to dismiss a staff member on the grounds of gross…

(1) Before determining whether to dismiss a staff member on the grounds of gross misconduct, and that gross misconduct involves alleged criminal activity outside the work place, an appointing officer shall — (a) establish that the staff member has been charged with a criminal offence by the police; Regulation 42 (b) establish whether the criminal offence — (i) involves such disrepute as is referred to in section 5(2)(e) of the principal Act; and (ii) is significant enough to fall within the definition of gross misconduct; and advise the staff member of the concerns (both orally and in writing) and allow the staff member an opportunity to provide an explanation. appointing officer is of the view that the conditions specified in paragraph (1)(b) have been proven, the appointing officer may suspend the staff member with pay, in which case the appointing officer shall — (a) advise the staff member of this fact in writing; and (b) arrange for the suspension with pay to take immediate effect. (3) If the staff member is subsequently convicted of a criminal offence, and that offence is significant enough to fall within the definition of gross misconduct, the appointing officer may dismiss the staff member from the date of conviction in which case, at the earliest opportunity, the appointing officer shall — (a) terms of the staff member’s employment agreement; and (4) If after the process specified in paragraph (2) has been completed the staff member is subsequently not convicted or if convicted the conviction is set aside wholly and the period of any appeal against acquittal has expired, the staff member shall be reinstated to their position, or to a similar position within the civil service entity. (5) Where a staff member has been suspended in accordance with paragraph (2), an appointing officer shall provide the Head of the Civil Service with a summary of the status of the criminal case and suspension, and such summaries shall be provided every twelve months until the matter is resolved in accordance with paragraph (3) or (4). Dismissing staff for serious misconduct or significant inadequate

#42. (1) Before determining whether to dismiss a staff member on the grounds of serio…

(1) Before determining whether to dismiss a staff member on the grounds of serious misconduct or significant inadequate performance under section 44(4) of the principal Act, an appointing officer shall — (a) collect evidence of the actions or omissions of the staff member which are the subject of concern; Regulation 42 collected, allow the staff member to provide an explanation, and (if the explanation is not satisfactory) provide a warning that if there is not corrective action dismissal could result; provide a reasonable period of time (being not less than one month), and a reasonable amount of support for the staff member to take corrective (d) if insufficient corrective action is taken, advise the staff member of the ongoing concern (both orally and in writing) and issue a second warning that if corrective action is not taken dismissal could occur; (e) provide a further reasonable period of time (being not less than one month) and a reasonable amount of support for the staff member to take corrective action; and (f) assess the actions of the staff member after the second period of time to determine whether sufficient corrective action has been taken, and notify the staff member (both orally and in writing) of the results of the assessment. appointing officer is of the view that the grounds for dismissing the staff member on the basis of serious misconduct or significant inadequate performance under section 44(4) of the principal Act have been proven, the appointing officer may dismiss the staff member. (3) If, after the process specified in paragraph (1) (c) or (1)(f) has been completed, the appointing officer is of the view that the staff member has undertaken (a) to be specified) and that any further instances of serious misconduct or significant inadequate performance during this period will result in dismissal. no serious misconduct or significant inadequate performance during the further warning period, the appointing officer shall advise the staff member (both orally and in writing) that the further warning period has expired and the warning is being removed from the staff member’s personnel file. further instance of serious misconduct or significant inadequate performance Regulation 43 during the further warning period, the appointing officer may dismiss the staff member provided that the appointing officer first — (a) collects evidence of the actions or omissions of the staff member which (b) advises the staff member of the concerns (both orally and in writing) collected, and allows the staff member to provide an explanation. (6) Upon deciding to dismiss a staff member under paragraph (2) or (5), the appointing officer, at the earliest opportunity, shall — (a) terms of the staff member’s employment agreement; and Retiring staff early on medical grounds

#43. (1) Before determining whether to require a staff member to take early retiremen…

(1) Before determining whether to require a staff member to take early retirement on medical grounds under section 44(5) of the principal Act, the appointing officer shall — (a) collect evidence to show that the staff member’s disability is preventing the required duties from being performed in a substantial way; collected, and provide an opportunity for the staff member to explain their position; provide a reasonable period of time, and a reasonable amount of support for the staff member to show that the staff member is able to perform the required duties satisfactorily; (d) if insufficient improvement occurs, advise the staff member that (i) the staff member will be required to appear before a medical board to have their disability assessed; and the staff member from satisfactorily carrying out their duties, the staff member will be required to take early retirement on medical grounds; (e) assess the staff member; (f) ensure that the staff member is advised in writing of the results of the medical board in a timely manner; and (g) identify vacant positions within the civil service entity and establish whether any of those positions are suitable for the staff member, taking into account the nature of their disability. Regulation 44 (2) If after the process specified in paragraph (1) has been completed — (a) the Chief Medical Officer has confirmed that the disability is permanent and likely to prevent the staff member from satisfactorily carrying out their duties; and (b) the appointing officer has established that there are no vacant positions in the appointing officer’s civil service entity suitable for the staff member, taking into account the nature of the disability, the appointing officer may effect early retirement of the staff member under section 44 (5) of the principal Act. (3) Upon deciding to retire a staff member under paragraph (2), the appointing (a) notify the staff member that the staff member is being retired early on medical grounds under the terms of the staff member’s employment (b) provide the staff member with three months’ notice of the retirement. Retiring staff to improve the organisation

#44. (1) Before determining whether to require a staff member to retire to improve th…

(1) Before determining whether to require a staff member to retire to improve the efficiency of the civil service entity under section 44 (6) of the principal Act, the appointing officer shall — (a) evaluate the effect that retiring the staff member will have on the performance of the civil service entity; (b) advise the staff member (both orally and in writing) of the intention to require the staff member to retire to improve the organisation, and provide an opportunity for the staff member to explain their position; and re-evaluate the effect of retiring the staff member in light of the explanation provided in subparagraph (b), and notify the staff member (both orally and in writing) of the results of the re-evaluation. appointing officer is of the view that retiring the staff member will improve the efficiency of the civil service entity, the appointing officer may retire the staff member under section 44(6) of the principal Act. (3) Upon deciding to retire a staff member under paragraph (2), the appointing (a) notify the staff member that the staff member is being retired to improve the organisation under the terms of the staff member’s employment (b) provide the staff member with three months’ notice of the retirement. Regulation 45 Making staff redundant

#45. (1) Before determining whether to make a staff member redundant under section 44…

(1) Before determining whether to make a staff member redundant under section 44 (7) of the principal Act, the appointing officer shall — (a) establish, under section 44(7) of the principal Act, that the duties and functions assigned to the staff member are no longer required and that those duties and functions will not be substantively transferred to another person or position; (b) where two or more staff members hold similar positions and only some of those positions are no longer required, identify which positions are no longer required under paragraph (2); identify vacant positions within the civil service entity and establish whether any of those positions is suitable for the staff member, taking into account their skills and experience; (d) consult with other civil service entities as to whether they have any vacant positions suitable for the staff member, taking into account the staff member’s skills and experience; (e) advise the staff member (both orally and in writing) that the staff member’s position is no longer required and of the other positions (if any) that the staff member could be transferred to, and allow that staff member adequate opportunity to state that staff member’s position; (f) provide a reasonable period of time, and a reasonable amount of support for the staff member to consider whether that staff member wishes to be transferred to a suitable vacant position (if available); and (g) if the staff member agrees to be transferred to a suitable vacant post (if available), arrange the transfer. (2) Where two or more staff members hold similar positions and only some of those positions are no longer required, the staff members whose positions are determined as no longer required shall be selected in the following order — (a) first, those staff members who volunteer to have their position abolished; (b) second, on the basis of the staff members’ performance as determined by their performance assessments undertaken under section 50 of the principal Act over the preceding 24 months, with the positions of the persons with the lower performance ratings being abolished; third, the positions of staff members who are over the age of retirement; and (d) fourth, the positions of staff members, who in the opinion of the appointing officer, have the lesser potential to contribute to the performance of the civil service entity in the future, Regulation 46 subject to a requirement that where two or more persons are rated broadly equally on the basis of subparagraphs (a) to (d), Caymanians shall be given preference in retaining their position. (3) If, after the process specified in paragraph (1) has been completed, the staff member declines to be transferred to a suitable vacant post or there is no suitable vacant post in the civil service, the appointing officer may make the staff member redundant under section 44(7) of the principal Act. (4) Upon deciding to make a staff member redundant under paragraph (3), the appointing officer at the earliest opportunity shall — (a) notify the staff member that the staff member is being made redundant under the terms of the staff member’s employment agreement; and (b) provide the staff member with three months’ notice of the redundancy. Terminating staff who lose their qualification, licence or certification

#46. (1) An appointing officer may terminate the employment of a staff member under s…

(1) An appointing officer may terminate the employment of a staff member under section 44(1)(e) of the principal Act where the staff member was employed on the basis of a qualification, licence or certification required for the staff member’s position and during the course of employment ceases to hold that qualification, licence or certification. (2) Before determining whether to terminate a staff member under paragraph (1), an appointing officer shall — (a) collect evidence of the staff member’s loss of qualification, licence or certification; (b) advise the staff member (both orally and in writing) including providing the staff member with a copy of the evidence collected, that the qualification, licence or certification is a condition of employment and that the loss of the qualification, licence or certification is a ground for termination of employment; allow the staff member an opportunity to explain why that staff member ceases to hold the qualification, licence or certification and what action (if any) the staff member intends to take to re-obtain the qualification, licence or certification; (d) if the staff member wishes to re-obtain the qualification, licence or certification, provide a reasonable period of time and a reasonable amount of support for the staff member to do so; and (e) if the staff member advises that the staff member does not intend to reobtain the qualification, licence or certification, or after a reasonable period of time does not do so, notify the staff member (both orally and in writing) that the staff member’s failure to re-obtain the qualification, Regulation 47 licence or certification will result in that staff member’s employment being terminated. (3) If, after the process specified in paragraph (2) has been completed, the staff member does not re-obtain the qualification, licence or certification after a reasonable period of time, the appointing officer may terminate the staff member’s employment. (4) Upon deciding to terminate a staff member’s employment under paragraph (3), the appointing officer, at the earliest opportunity, shall — (a) notify the staff member that the staff member’s employment is being terminated under the terms of that staff member’s employment agreement; and (b) arrange for the termination to take effect at an early opportunity. PART 5 - Other Requirements Relating to Chief Officers Performance incentive arrangements1

#47. (1) Performance incentive arrangements operated by a chief officer under section…

(1) Performance incentive arrangements operated by a chief officer under section 51(1) of the principal Act shall comply with the requirements of this regulation. (2) Performance incentive arrangements may be — (a) directly related to remuneration, that is, form part of a staff member’s standard remuneration, for example, performance-related pay or additional time-off-in-lieu; (b) non-remuneration related, such as extra training opportunities; or some combination of the two. (3) Performance incentive arrangements may be applied either to all staff in the civil service entity, or to a particular group or category of staff and a different set of arrangements may be applied to different groups of civil service entity staff. (4) Performance incentive arrangements shall comply with the following criteria — (a) the arrangements shall be designed to encourage and reward good (b) the same set of arrangements shall apply in an equal manner to all staff in the civil service entity, or, where the incentives apply to a particular category of staff in the civil service entity, the same set of arrangements must apply in an equal manner to all staff in that category; Regulation 48 the performance required of a staff member in order to be awarded the incentive shall be clearly specified in the performance agreement for the period; (d) the extent to which performance has been achieved shall be determined as part of the regular performance assessment process; (e) only those persons achieving the desired performance level (as determined in performance assessments) shall be awarded the performance incentive; and (f) the incentive arrangements shall be operated in a fair and unbiased manner. (5) The total dollar-value of any performance incentive applying to an individual staff member (both remuneration-related and non-remuneration related) shall be no more than 10% of that staff member’s wages or salary. Workplace conditions and safety

#48. The work place safety procedures established under section 55(2) of the principa…

The work place safety procedures established under section 55(2) of the principal Act shall ensure that — (a) in relation to workplace conditions, the workplace — (i) is clean; (ii) is not overcrowded; (iii) has reasonable temperatures, if the workplace is indoors; (iv) has adequate ventilation and lighting; (v) has adequate drainage and sanitary conveniences; (vi) has adequate electrical infrastructure; (vii) has sanitary drinking facilities with an adequate supply of drinking water; (viii) implements hurricane rules and procedures as may be instituted from time to time; (ix) implements fire hazard rules and procedures as may be instituted from time to time; (x) has, in the event of emergencies, adequate means and avenues of escape; (xi) has adequate and well-maintained facilities for employees to sit, when appropriate, during their work day; (xii) has adequate and well-maintained on-site first aid equipment; (xiii) has adequate restrooms; (xiv) has appropriate waste disposal procedures and storage facilities for hazardous materials; and Regulation 49 (xv) has such other facilities as are reasonably necessary for the health, safety and welfare of employees in that civil service entity’s line of business; (b) in relation to workplace safety — (i) machinery used in the workplace is operated and maintained in a manner consistent with safety and in compliance with the standards and guidelines recommended by the manufacturer; (ii) staff members are protected from poisonous, noxious or toxic substances used or present in the workplace, including — (A) that food and drink are not consumed in areas where such substances are used or are present; and (B) ensuring that there are emergency wash-down facilities; (iii) suitable safety gear is provided when staff members are using or are around machines or processes in relation to which the use of such gear is recommended; (iv) suitable goggles or other protective gear is provided when there is a risk of eye injury; (v) suitable protective equipment is provided when there is a reasonable risk of bodily injury from any process or equipment used; (vi) where staff members are involved in a process involving injurious or offensive substances or in conditions exposing them to wet or cold conditions, suitable protective gear and clothing are provided; (vii) where a process involves exposure to heat or steam, facilities to protect staff members appropriately are provided and maintained; (viii) warning signs prohibit the misuse of equipment or space within the workplace; and (ix) readily accessible first aid equipment is provided and maintained; and in relation to personal safety, reasonable measures are taken to ensure that staff members are protected from physical attack, harassment or abuse from other staff members or customers of the civil service entity. Personnel records

#49. (1) A chief officer shall ensure that complete and accurate employment and perfo…

(1) A chief officer shall ensure that complete and accurate employment and performance management records relating to staff members are maintained by that chief officer’s civil service entity including — (a) a personnel file for each staff member containing employment agreements, correspondence with the staff member over personnel and employment matters, relevant remuneration and payroll documentation, the staff Regulation 49 member’s annual performance agreements and assessments, and any other personnel-related matters relating to the staff member; (b) leave records for each staff member including leave entitlements, leave taken and leave available for each type of leave the staff member is entitled to; a record of hiring dates for each staff member; and (d) general records relating to employment arrangements, recruitment, appointment, remuneration and terms and conditions, performance assessment, discipline and dismissal, and appeal processes. (2) The records (regardless of the form or media in which they are held) shall be held in a manner that such records can be readily accessed for — (a) operational purposes; (b) audit by the Portfolio of the Civil Service under section 24(f) of the principal Act; audit by the Audit Office under its powers under the Public Management and Finance Act (2020 Revision); and (d) submission to the Civil Service Appeals Commission under sections 33, 34 and 54 of the principal Act. (3) The records required by paragraph (1) shall comply with any Acts or practices for the time being in force relating to the keeping of records in civil service entities. (4) A chief officer shall ensure that information relating to staff members’ pension rights are provided to the Portfolio of the Civil Service on a regular, and timely basis including — (a) date of birth; (b) date of first employment in the civil service; employment agreements and any amendments thereto; (d) any breaks in service; (e) any non-pensionable remuneration; (f) letters of resignation, termination or retirement; (g) date of retirement; and (h) salary or wages at the date of resignation, termination or retirement. (5) Unless exempted in writing by the Head of the Civil Service, civil service entities shall use a centralised human resource information system approved by the Head of the Civil Service for — (a) recording all payroll data and for paying all wages, salary and other dollar based remuneration components to the employees in their entity; and Regulation 50 (b) recording such other employment-related information about employees in their entity as is required from time to time by the Portfolio of the Civil Service. Instructions and workplace rules

#50. (1) A chief officer may from time to time issue reasonable instructions and thes…

(1) A chief officer may from time to time issue reasonable instructions and these shall be observed by all staff members in the civil service entity. (2) A chief officer may from time to time issue reasonable rules governing the conduct of staff members in the work place and these workplace rules shall be observed by all staff members in the civil service entity and, without limiting the generality of this power, the rules shall — (a) designate all Government premises and vehicles as “No Smoking Areas” and smoking shall be prohibited in those areas; (b) prohibit the consumption of alcohol in the workplace (other than at official functions); prohibit the taking of illegal substances in the workplace; (d) prohibit a staff member from reporting for duty — (i) under the influence of an illegal substance; or (ii) under the influence of alcohol, such that it has a deleterious effect on the staff member’s ability to carry out the staff member’s duties; and (e) mandate that a staff member participate in performance management, including signing and executing performance agreements and performance assessments within fourteen calendar days of receiving such document. (3) A chief officer shall ensure that workplace rules (and any amendments thereof) are promulgated to staff in that chief officer’s civil service entity in such a manner that all staff can be reasonably expected to be aware of the rules. Grievance procedures

#51. (1) A chief officer shall establish and publish procedures for addressing grieva…

(1) A chief officer shall establish and publish procedures for addressing grievances of staff in that chief officer’s civil service entity, and those procedures shall be based on the following — (a) in the first instance the grievance should be communicated to the staff member’s immediate supervisor, who shall then discuss the matter with the staff member and then address the issue in such manner as the supervisor considers appropriate; (b) if, after the process in subparagraph (a) has been completed, the staff member is not satisfied that the grievance has been satisfactorily resolved, the staff member may then communicate the grievance to that staff member’s appointing officer (where the appointing officer is not also the staff member’s immediate supervisor), who shall then discuss the matter Regulation 52 with the staff member and then address the issue in such manner as the appointing officer considers appropriate; if, after the process in subparagraph (b) has been completed, the staff member is still not satisfied that the grievance has been satisfactorily resolved, the staff member may then communicate the grievance to that staff member’s chief officer (where the chief officer is not also the staff member’s appointing officer), who shall then discuss the matter with the staff member and then address the issue in such manner as the chief officer considers appropriate and the decision of the chief officer shall not be subject to appeal; and (d) if the grievance relates to the behaviour of the staff member’s — (i) immediate supervisor, the grievance should be communicated in the first instance to the appointing officer; (ii) appointing officer, the grievance should be communicated in the first instance to the chief officer; and (iii) chief officer, the grievance should be communicated in the first instance to the Head of the Civil Service rather than following the procedures specified in subparagraphs (a) to (c), and the Head of the Civil Service (or their delegant) shall then discuss the matter with the staff member and then address the issue in such manner as the Head of the Civil Service (or their delegant) considers appropriate. (2) For the purposes of this regulation, a grievance is — (a) a matter of concern to a staff member which — (i) relates to workplace conditions or safety, the behaviour of another staff member in the workplace, or the compliance of other staff members with the Public Servant’s Code of Conduct; and (ii) the staff member wishes to be addressed through a formal grievance process rather than through normal informal interaction with the staff member’s immediate supervisor; and (b) not a matter which is the subject of the appeal process specified in sections 53 and 54 of the principal Act. Succession planning

#52. (1) In accordance with the requirement of section 55(1)(c) of the principal Act …

(1) In accordance with the requirement of section 55(1)(c) of the principal Act (to recognise the need for the advancement of Caymanians in all parts of the civil service), a chief officer shall establish and regularly review and update a staff succession plan for that chief officer’s civil service entity. (2) The purpose of the succession plan shall be to develop a pool of Caymanians within the civil service entity with the skills and experience that would make them realistic candidates for key managerial and technical positions in the civil Regulation 53 service entity should they choose to apply for those positions when they became vacant. (3) The succession plan shall identify — (a) the key managerial and technical positions in the civil service entity for which developing or maintaining capability for that position is important to the operation of the civil service entity; (b) the current and future skill sets required to develop that capability; sources or means to develop those skill sets; (d) at least two Caymanian staff members for each key managerial and technical position whose skills can be developed to the required level; and (e) the process and timeline for developing those staff members. (4) In selecting Caymanian staff members to be developed in accordance with paragraph (3)(d) the chief officer shall — (a) select those staff members on the basis of their existing skills, experience and abilities and their potential to carry out the duties of the managerial or technical position they shall be developed for; and (b) take into account the requirements of section 55(1)(d), (e) and (f) of the principal Act to provide opportunities for the enhancement of the abilities of all individual employees and to recognise the employment requirements of women and persons with disabilities. (5) Where, due to the technical skills required, it is not practical or feasible to identify at least two Caymanians to be developed for a technical position under paragraph (3)(d) and (e), the succession plan shall identify the alternative means and process by which Caymanians will be developed so that they have the necessary skills for the technical position over the long-term. PART 6 – Miscellaneous Medical board

#53. (1) The Chief Medical Officer shall appoint a medical board for the purpose of a…

(1) The Chief Medical Officer shall appoint a medical board for the purpose of advising relevant authorities with respect to retirement on medical grounds under these Regulations. (2) The medical board shall comprise the Chief Medical Officer and at least two other registered medical doctors who have knowledge and experience relevant to the assessment of the extent of disability. Regulation 54 Retention of government property

#54. A public officer who ceases to hold office shall forthwith deliver up to that pu…

A public officer who ceases to hold office shall forthwith deliver up to that public officer’s supervising officer — (a) all documents and other government property to which that public officer has had access, or issued or entrusted to that public officer, including an identity card; and (b) any dye, seal or stamp of, or belonging to, or used, made or provided by government, but a head of department, chief officer or Head of the Civil Service may, in that person’s discretion, permit a long serving officer to retain any article of equipment, clothing or appointment, by way of a memento of that public officer’s service. Transitional provision

#55. An employee who, on 22nd March, 2024, the date of the commencement of the Person…

An employee who, on 22nd March, 2024, the date of the commencement of the Personnel (Amendment) Regulations, 2024 [SL 6 of 2024], is on maternity or paternity leave for the adoption of a child over 5 years of age shall continue to be entitled to the maternity or paternity leave in relation to that child as if the Personnel (Amendment) Regulations, 2024 [SL 6 of 2024] had not come into force. (regulations 7, 8, 18, 19, 34 and 36, paragraph 1 of Schedule 2) Standard Terms and Conditions of Employment Standard terms and conditions (1) Except as otherwise provided in subparagraph (2), the standard terms and conditions of employment for civil servants shall be those specified in this Schedule. (2) An appointing officer and the employee concerned may agree, in the employee’s employment agreement, terms and conditions that are additional to the standard terms and conditions (other than in relation to remuneration which must conform with paragraph 3 of this Schedule), provided that all terms and conditions shall comply with these minimum standards. Attendance (1) The normal hours of work for — (a) full-time wage workers shall be between 37½ and 40 hours per week as agreed between the appointing officer and the employee concerned; (b) full-time employees whose hours of attendance are shift-based shall be between 37½ and 45 hours per week as agreed between the appointing officer and the employee concerned, provided that the normal hours of work in a particular week may be less than 37½ hours or more than 45 hours as long as the total hours over the shift cycle average to the number of hours agreed per week; other full-time employees shall be 37½ hours per week; and (d) part-time employees shall be such proportion of the normal hours for fulltime employees as is agreed between the appointing officer and the employee concerned. (2) An employee may take a reasonable amount of time for medical, optical or dental visits if these occur during normal working hours but shall provide evidence of such visits, if required by the appointing officer to do so, provided that prior notification is provided to the appointing officer. (3) If an employee is a member of the Cayman Islands Civil Service Association, the employee may attend meetings of the Executive held during normal working hours, provided that — (a) prior notification is provided to the appointing officer; and (b) the normal requirement of service to the public is not adversely affected. (4) An employee is entitled to two rest breaks of at least fifteen minutes and a meal break of 60 minutes in every working day of 7.5 hours or longer, provided that no remuneration is payable during a meal break. (5) An employee who is absent from work without approval from that employee’s appointing officer will not receive remuneration for the period of absence and, in the case of staff members of a civil service entity, may also be subject to disciplinary action. Remuneration (1) An employee’s remuneration shall be an amount agreed between the appointing officer and the employee and that amount shall be made up of — (a) Wages or salary within the remuneration band assigned by the Portfolio of the Civil Service, and at a point within that band agreed between the appointing officer and the employee; (b) Such of the following standard allowances as are agreed between the appointing officer and the employee, at the following rates — (i) Standby and call-out allowance if the employee is required to standby in case of emergency or is subject to call-out in normal off duty hours. The amount of the allowance is to be determined by the appointing officer (in conjunction with the chief officer) but is to be reflective of the extent of standby or call-out expected of the employee. (ii) Repealed by paragraph 3(a) of the Personnel (Amendment) Regulations, 2010. (iii) Motorcar upkeep allowance if the employee regularly uses that employee’s personal motor vehicle as part of that employee’s official duties. The amount of the allowance shall be determined by the appointing officer but shall not exceed $1,500 per year. (iv) Police allowances for Police Officers as follows — (A) Allowances as specified in the Schedule to the Police Regulations; and (B) Beat officers’ allowance of $150 per month. (v) a Fire Service allowance for firefighters as follows — Little Cayman allowance: $400 per month. (vi) a Prison Service allowance for Prison Officers as follows — Housing allowance: $125 per month. (vii) Sleep-in allowance of $20 per night for community care and child care workers who are required to sleep-in at a client’s house to provide relevant care to the client; for part-time employees, the pro-rated portion of the items specified in sub subparagraphs (a) to (b) for the equivalent full-time position; and (d) where the person appointed is returning from overseas study and is being appointed to a permanent position in the civil service, a settlement allowance equal to one month’s salary payable during the first week of service; which the employee shall repay in instalments over a period not exceeding six months by way of deduction from salary, or where the employee leaves the service before the settlement allowance is fully repaid, by way of deduction from any other payments due to the employee. (2) An employee shall be entitled to the following items of remuneration in addition to the remuneration established in accordance with paragraph 1 — (a) pension contributions for employees who are members of the Public Service Pension Scheme and required to contribute to it in accordance with the provisions of the Public Service Pensions Act (2021 Revision) as (i) an employee pension contribution at the rate of 6% of wages or salary plus an employee pension contribution at the rate of 6% of any acting allowance or duty allowance paid under subparagraph (2)(f) or (g); and (ii) an equivalent employer contribution of 6% of wages or salary plus an equivalent employer contribution of 6% of any acting allowance or duty allowance; Note: In relation to any employment agreement, paragraph 3(2) shall expire on 30th June, 2015 and shall be replaced on 1st July, 2015 by the corresponding paragraph 3(2)(a) of the Personnel Regulations that were in force immediately prior to the commencement of the Personnel (Amendment) (No.2) Regulations, 2012 (i.e. immediately prior to 31st August, 2012). (b) medical, dental and optical benefits in accordance with paragraph 9 of this Schedule; where the employee was already entitled to it on 30 June 2005, a five-year cash grant paid at the end of every five years of employment for an employee, that employee’s spouse and one additional person at the following rates — Salary Grade on 1 October 1980 Amount of Five Year Grant M 11 and above $1,250 M 30 - 12 M 31 and below (d) in respect of any hours worked in a week in excess of the normal hours, which excess hours are authorised by the appointing officer, overtime or time-in-lieu as follows — (i) for employees on bands H and above, no overtime but time-off-inlieu on a one-to-one basis may be granted at the discretion of the (ii) for employees on bands I or below whose normal working hours are not shift based — (A) overtime at time-and-a-half for normal working days and Saturdays, and double time for Sundays, which in the case of salaried employees shall be calculated under subparagraph (3); or (B) time-off-in-lieu on a one-to-one basis taken at the discretion of the appointing officer; (iii) for employees on bands I or below whose normal working hours are shift based, overtime at time-and-a-half for any hours worked in excess of the normal hours worked over the shift cycle, regardless of the days of the week on which those hours were worked; (e) public holiday overtime pay as follows — (i) for employees on bands I or below whose normal working hours are not shift based and who are required to work on a public holiday, that pay being — (A) double time for any hours worked; or (B) time-off-in-lieu on a one-to-one basis taken at the discretion of the appointing officer; (ii) for employees on bands I or below whose normal working hours are shift based — (A) no holiday pay for hours worked on a public holiday where that work is part of the normal shift pattern; and (B) double time for any hours worked on a public holiday that are in excess of the normal shift hours for that day; and (C) an equivalent number of Notional Public Holidays as there are public holidays in the relevant calendar year; (f) where the employee is acting in another position, at the discretion of the appointing officer the employee shall be entitled to an acting allowance at the first point of the remuneration band of the substantive post; and, if the first point of the remuneration band of the substantive post is less than the remuneration level received by the individual to act in the substantive post, the employee shall be entitled to an acting allowance at such other point on the remuneration band of the substantive post as the appointing officer will determine but this point shall not exceed the remuneration received by the substantive post holder; (g) where, for a period of at least fifteen consecutive calendar days the employee undertakes duties that are substantially in excess of, or substantially more onerous than, those of that employee’s normal position, the employee shall be entitled to an extra duty allowance and the amount of the allowance shall be determined by the appointing officer but shall be reflective of the scope and magnitude of the extra duties; (h) a performance-related payment of up to 10% of the wages or salary of the employee, with the performance-related payment calculated in accordance with Schedule 3 as follows — (i) for Official Members, and ministry and portfolio chief officers: from such date as Cabinet may by Order specify; (ii) for staff: from or after such date as Cabinet may by Order specify, where operated by the chief officer under regulation 47, and the operation of which is advised in writing to the employee before its commencement; (i) other performance incentive remuneration as follows — (i) for Official Members and chief officers: nil; (ii) for staff: from such date as Cabinet may by Order specify, such arrangements as are operated by the chief officer under regulation 47 and agreed in writing with the employee; and (j) at the discretion of the Deputy Governor, a nonpensionable, one-time honorarium payment. (3) (a) Overtime to be paid to salaried employees under subparagraph (2)(d)(ii) shall be calculated by dividing the employee’s normal monthly salary by the standard hours worked per month; (b)2 The standard hours worked per month shall be calculated using the formula: 21.75 (the average number of working days in a month) times Y; where Y is the number of normal work hours per day. For — (i) employees whose normal hours of work are 37½ hours per week, Y is 7.5 (37½ divided by 5), and the standard hours worked per month is therefore 163.13 (21.75 times 7.5); (ii) other employees, Y is the normal hours of work (calculated on a daily basis) agreed with the appointing officer in accordance with paragraph 2 of this Schedule; for example, if the agreed normal hours of work are 40 hours per week then Y is 8 (40 divided by 5), and the standard hours worked per month is therefore 174 (21.75 times 8). (4) (a) The period and method of payment of remuneration shall, unless the nature of the remuneration component requires otherwise, be as follows — (i) wages, salary and other dollar-based remuneration components will be paid — (A) in arrears on a monthly basis, or in exceptional circumstances and where agreed by the appointing officer on a fortnightly basis; and (B) by direct deposit into the employee’s bank account; (ii) performance-related pay by lump sum payment via direct deposit at the next payday after the amount of the payment is agreed; and (iii) pension contributions will be remitted each pay period to the Public Service Pensions Board in the name of the employee; (b) where the employee has, for whatever reason, only worked part of a pay period, the remuneration for that period will be calculated and paid on a pro-rated basis; and remuneration will be payable from the date on which the employee takes up the position or duties to which the remuneration relates. (5) Where an employee dies in service, for salaried staff a payment equivalent to three months’ salary and for wage workers a payment equivalent to six biweekly wage payments. Paid holiday entitlements An employee shall be entitled to public holidays observed under the Public Holidays Act (2007 Revision) on full pay (or in the case of part-time employees and wage workers), the basic wage that employee would have received if that employee had normally worked on that day. Annual leave entitlement (1) An employee is entitled to annual leave at the following rates — (a) for full-time employees, other than staff whose attendance is shift-based, police officers and teachers — (b) for employees whose hours of attendance are shift based, the number of days specified in sub-subparagraph (a) but calculated as the number of hours and reflecting the average normal hours of work over the shift cycle; for full-time Police Officers — Band < 7 years 7 years and above A, B, C, D, E, F, G, H, I, J, K 25 work days 28 work days L, M, N, O, P, Q, R, GAA, GBB, GCC, GDD, GEE, GFF 18 work days 23 work days (i) Constable: 165 hours; (ii) Sergeant: 187.5 hours; (iii) Assistant/Inspector: 210 hours; (iv) Chief Inspector and above: 232.5 hours; (d) (i) for school principals, teachers, and other school staff so designated by the Director of Education Services and for the Sunrise Adult Training Centre teachers and other programme staff so designated by the Director of the Sunrise Adult Training Centre, no annual leave, but they shall be entitled to paid leave at their current rate of pay during school or centre holidays, subject to the Director of Education Services or the Director of the Sunrise Adult Training Centre requiring them to stay as required after their school or centre closes or to return before it re-opens in order to complete closing or opening formalities; (ii) a temporary teacher shall be paid for any school holiday following the terms which that teacher has worked provided that teacher worked a full term otherwise that teacher will not be entitled to be paid for any part of the school holiday save that in order to receive full pay for the school holiday at the end of the academic year a teacher must have worked continuously throughout the preceding academic year; (iii) school principals, teachers, and other school staff so designated by the Director of Education Services, and teachers and other programme staff employed at the Sunrise Adult Training Centre, so designated by the Director of the Sunrise Adult Training Centre, who commence work after the start of the academic year, shall receive pro-rated summer leave pay where their contract of employment is less than an academic year in duration; (e) for part-time employees, the full-time employee entitlement pro-rated for the proportion of a full-time position worked; (f) for employees on full-time study, no annual leave entitlement but the employee may take normal course vacations while undertaking the course; and (g) for employees on suspension, no annual leave entitlement during the period of suspension. (2) The following conditions apply to annual leave entitlements — (a) the annual leave year is the calendar year and the annual entitlement accrues to the employee at the beginning of the year, provided that on first appointment or on leaving the employment of the government, the employee’s annual leave entitlement shall be pro-rated to the completed months of service; (b) the employee may take annual leave at times agreed with that employee’s annual leave must be taken by the end of the annual leave year, except that the appointing officer may approve the carrying forward of leave to the following leave period in such amount as the appointing officer may determine; in making such approvals an appointing officer will not unreasonably deny a request for a carry forward of leave if the employee has been prevented from taking leave during the year; (d) if the employee becomes ill during that employee’s annual leave, that employee will be regarded as being on sick leave during the period of illness in accordance with paragraph 6 of this Schedule; and (e) on leaving the employment of the government, the employee is entitled to a payment equal to the amount of any annual leave due but not taken on the date employment ceases, and if that employee has taken annual leave in excess of the entitlement that employee will refund, by deduction from final salary or wages, the excess number of days’ pay. Sick leave entitlement (1) An employee is entitled to sick leave as follows — (a) for full-time employees — (i) in the event of illness or injury to the employee, the employee is entitled to 10 working days paid sick leave per leave year, together with sufficient additional unpaid sick days as necessary; and (ii) in the event of serious illness or injury to the employee, the treatment of which would normally occur over a period of 10 calendar days or more, the employee, upon providing a medical certificate from a registered medical doctor, is during the period of that illness or injury entitled to additional sick leave (as required) up to a maximum of 125 working days sick leave on full pay and a further 135 working days on half pay; and (b) for part-time employees, the full-time employee entitlement pro-rated for the proportion of a full-time position worked. (2) Regardless of subparagraph (1), if the employee suffers an injury or contracts an illness as a result of that employee’s duties, that employee is entitled to sick leave on normal pay for the period of the injury or illness or until that employee’s employment is terminated. (3) If required to do so by the appointing officer, an employee shall provide a medical certificate from a registered medical doctor to support any period of sick leave. Other leave entitlements An employee is entitled to other leave as follows — (a) maternity and paternity leave calculated on the following basis — (i) a female employee who has completed at least twelve months continuous service is entitled to 110 working days maternity leave surrounding the birth or adoption of a child and this shall be made up of 60 working days on normal pay and the remainder without pay; (ii) a male employee who has completed at least twelve months continuous service is entitled to paternity leave of 20 working days surrounding the birth or adoption of a child and this shall be made up of 10 working days on normal pay and the remainder without pay; or (iii) an employee who has completed less than twelve months continuous service shall be entitled to maternity or paternity leave calculated on a pro-rated basis for the time that employee has worked; (iv) in the case of the birth of a child, an employee is entitled to maternity or paternity leave once in a 12 month period; and (v) in the case of the adoption of a child 5 years of age or under, an employee is entitled to maternity or paternity leave once in a 36 month period; and (b) jury leave where the employee receives a summons to serve on a jury, the leave consisting of paid leave of absence for the time involved in jury selection or jury service, provided that the employee pays over to that employee’s civil service entity any juror allowance received. Discretionary leave (1) An employee is entitled to the following types of leave at the discretion of the (a) part-time study leave where the employee is undertaking a course of parttime study that is related to that employee’s employment, that leave consisting of a reasonable amount of paid leave (as determined by the appointing officer) to attend classes and prepare for and sit examinations; (b) full-time study leave where the employee is undertaking a course of fulltime study, that leave consisting of paid leave, leave without pay, or a combination thereof during the period of study, provided that paid study leave will only be granted if the course of study directly relates to the employee’s duties and the course of study is necessary to advance the civil service career of the employee; bereavement and compassionate leave on the following basis — (i) upon the death of a member of the employee’s immediate family, (guardian, grandmother, grandfather, grandchild, spouse, child, father, mother, brother, sister) paid bereavement leave of up to 10 working days per year; (ii) in the event of a calamitous occurrence to the employee, or a serious illness or other calamitous occurrence to a member of the employee’s immediate family, compassionate leave on full pay of up to 7 working days per year; (d) special leave where the employee is selected to represent the Cayman Islands as a manager or member of a sporting or cultural body at a national meet, that leave being up to 10 working days per year with pay to attend the meet, provided that only employees who have six months’ continuous service are entitled to paid special leave; (e) leave without pay where the employee applies to take unpaid leave but it will only be granted in exceptional circumstances at the discretion of the appointing officer; and (f) leave for a school principal, teacher, school staff or programme staff so designated under paragraph 5(1)(d)(i), where that school principal, teacher, school staff or programme staff is affected by a significant life event, that leave being up to three working days per year with pay; (2) The appointing officer (with the approval of the Head of the Civil Service if the period of leave is to be more than 30 days) may require an employee to go on Required Leave where the appointing officer deems it to be in the public interest for the employee to do so, and that leave shall be leave on full pay for such period as the appointing officer deems necessary. Medical, dental and optical benefits (1) An employee, and their spouse and dependent children resident in the Cayman Islands, are entitled to the following medical, dental and optical benefits, provided that the Cayman Islands Government is the employee’s principal employer — (a) medical treatment as follows — (i) free non-elective medical treatment in accordance with the health insurance coverage provided by the insurance company for the time being providing medical coverage for the Government of the Islands but not restricted by any lifetime monetary limit; in all other circumstances the responsibility for the cost of medical treatment rests with the employee; (ii) where the employee or family member is referred to an overseas hospital the patient is also entitled to free transportation to and from the overseas hospital, and, if being treated as an outpatient, to the reimbursement of any accommodation costs incurred during treatment, in accordance with the health insurance coverage provided by the company for the time being providing medical coverage for the Government of the Islands; and (iii) if the employee, or family member who is normally resident in the Cayman Islands, dies while being treated overseas, the Government will meet the transportation costs of returning the body to the Cayman Islands or, if the employee was recruited overseas, the country of residence; (b) free dental treatment other than cosmetic dentistry (as determined by the Chief Dental Officer), in accordance with the health insurance coverage provided by the company for the time being providing medical coverage for the Government of the Islands; an optical benefit consisting of the testing of eyes once every two years (or six months in the case of pilots and twelve months for Scenes of Crime staff) and the cost of lenses once every two years, in accordance with the health insurance coverage provided by the company for the time being providing medical coverage for the Government of the Islands; and (d) in the case of an employee who dies in service, the employee’s eligible dependants shall continue to receive dependant medical benefits for three months following the employee’s death. (2) For the purposes of subparagraph (1) a Caymanian employee’s dependent child shall be considered to be resident in the Cayman Islands where the child — (a) is in full-time education at an education institution outside the Cayman Islands; and (b) would be resident in the Cayman Islands if it were not for the attendance at the overseas education institution. Reimbursement of costs for employees recruited from overseas 10. An employee domiciled overseas at the time of the employee’s recruitment is entitled to the payment or reimbursement of the following costs — (a) expenses incurred in relocating the employee (and the employee’s spouse and dependent children if they are also relocating to the Cayman Islands with the employee) to the Cayman Islands as follows — (i) the costs of return air travel from the country of residence to the (ia) at the discretion of the appointing officer, 10 kilos per person of excess baggage, or such other reasonable amount as the appointing officer may determine; (ii) at the discretion of the appointing officer, the cost of packing, transporting by sea, and insuring in transit 120 cubic feet or 1,000 pounds (whichever is the greater) of personal effects from the country of residence to the Cayman Islands and return, or such other reasonable amount as the appointing officer may determine; (iii) up to 7 days’ hotel accommodation upon arrival in the Cayman Islands and 2 days’ hotel accommodation prior to departure from the Cayman Islands at the end of employment; (iv) a settlement allowance equal to one month’s salary payable during the first week of resident service; but the employee shall repay the settlement advance in instalments over a period not exceeding six months by way of deduction from salary or, where the employee leaves the service before the advance is fully repaid, by way of deduction from any other payments due to the employee; and (v) return travel; and other repatriation activities to be finalised by the employee no later than ninety days after the end of the employment; which period may be extended at the discretion of the appointing (b) in the case of the death of the employee’s spouse, child or parent who is not domiciled in the Cayman Islands, return air travel from the Cayman Islands to the country of residence for the purposes of arranging and attending the funeral; and other reasonable costs relating to the employee’s relocation to, or employment in, the Cayman Islands as agreed by the appointing officer. Reimbursement of costs incurred in course of duties 11. (1) An employee is entitled to the reimbursement of the following reasonable employment-related costs incurred in the course of the employee’s duties — (a) the following costs of travel undertaken for official business (including business within the Islands) — (i) air travel in a class approved by the appointing officer; (ii) reasonable accommodation costs as approved by the appointing (iii) reasonable meal (but not bar), communication, laundry, taxi and other miscellaneous costs as approved by the appointing officer; alternatively the appointing officer may agree to pay the employee a flat daily per diem allowance to cover these costs at a rate determined by the appointing officer but reflective of the cost of meals and other reasonable living expenses in the city the employee is to visit; none of these allowances to exceed $100 per day within the Islands and $200 overseas; (b) the following course or conference costs (or the topping up to this level when these costs are covered in part by another organisation or sponsor) when attending a course or conference as part of official duties — (i) course or conference fees; (ii) air travel (where relevant) in a class approved by the appointing (iii) reasonable accommodation costs as approved by the appointing (iv) reasonable meal (but not bar), communication, laundry, taxi and other miscellaneous costs as approved by the appointing officer; alternatively the appointing officer may agree to pay the employee a flat daily per diem allowance to cover these costs at a rate determined by the appointing officer but reflective of the cost of meals etc. in the city (or cities) the employee is to visit; none of these allowances to exceed $100 per day within the Islands and $200 overseas; the following costs incurred as a result of a transfer between the Islands — (i) transportation costs for the employee and their family; (ii) transportation costs for the employee and their family’s personal effects and motor vehicles; (iii) other reasonable miscellaneous relocation costs as approved by the appointing officer; and (iv) the rental cost of a house (of reasonable standard) on the Island transferred to, for a period of three years from the date of transfer; and (d) for employees not receiving any vehicle-use compensation as part of their remuneration, a mileage reimbursement for the pre-approved use of personal vehicles for official purposes, paid at a per mile rate of 50 cents on Grand Cayman and 53 cents on Cayman Brac and Little Cayman. (2) Claims for reimbursement shall be made to the appointing officer and include receipts or other evidence to support the claim. (3) Repealed by regulation 7(e) of the Personnel (Amendment) Regulations, 2016. Reimbursement of study costs 12. (1) An employee undertaking part-time or full-time study with the approval of their appointing officer is entitled to the reimbursement of study costs or a financial advance at the discretion of the appointing officer as follows — (a) in the case of an employee undertaking part-time study that is related to their employment, the tuition and examination fees for courses approved by the appointing officer; and (b) in the case of an employee undertaking full-time study, such portion of the following costs as the appointing officer considers to be a reasonable contribution by the employer (provided that these costs are incurred by the employee and not covered by another organisation or sponsor); (i) tuition fees, book allowances and other expenses directly related to the course of study; (ii) accommodation costs, including the cost of food, up to an amount equal to the cost of staying in the institution’s halls of residence; (iii) return airfares at the cheapest rate for the employee and their spouse and dependent children (if they are accompanying the employee during their study), together with reasonable taxi charges to and from the airport and the employee’s accommodation; (iv) the cost of up to 20 kilos of excess airline baggage going to the course and of up to 60 kilos by sea on returning from the course; (v) a personal allowance for day-to-day necessities; and (vi) a hardship supplement where the employee can show financial hardship will occur (applies to courses over one year only). (2) Claims for reimbursement shall be made to the appointing officer and include receipts or other evidence to support the claim. (3) Notwithstanding subparagraph (2), an Official Member or chief officer may approve the reimbursement for themselves rather than referring it to their Other conditions of employment 13. (1) An employee, as a condition of employment, is required to — (a) comply with the Public Servant’s Code of Conduct, any workplace rules, and any reasonable instructions issued by that employee’s appointing (b) provide the name and address of that employee’s next-of-kin and dependants to their appointing officer at the time of appointment and to update that information if it changes; and submit to a medical examination if required to do so by their appointing officer to establish that employee’s fitness for duty or to test for excessive blood alcohol or use of illicit drugs. (2) Failure to comply with these conditions of employment is a ground for discipline or dismissal. Terms and conditions if transferred to a public authority 14. (1) If a civil servant becomes an employee of a statutory authority or government company as a result of a restructuring under section 20 of the principal Act, the employee shall be entitled to remuneration and other terms and conditions of employment that are not less favourable than those to which the employee was entitled immediately before ceasing to be a civil servant. (2) Subparagraph (1) will cease to have effect on the next occasion when there is a variation in remuneration and conditions in the statutory authority or government-company. 14A. Terms and conditions if transferred within the civil service 14A. If a civil servant is transferred to another position in the civil service under section 20A of the principal Act, the civil servant shall be entitled to remuneration and other terms and conditions of employment that are not less favourable than those to which the civil servant was entitled immediately before the transfer. Re-employment for a fixed-term 15. Where an employee who was employed on a fixed-term employment agreement is re-employed on a fixed-term employment agreement for a further period in accordance with sections 9(3), 26(2) and 41(10) of the principal Act and regulations 5, 15 and 29, the re-employment shall be a separate employment relationship from the initial employment and the terms and conditions of the first employment agreement shall not automatically roll-over to the second or subsequent employment agreements; except that years of service under previous open-term or fixed-term employment agreements shall be taken into account when establishing the leave entitlement of the employee. Re-employment of an employee who becomes a Caymanian 16. Where a non-Caymanian employee becomes a Caymanian (by virtue of gaining Caymanian status) — (a) the employee will be re-employed in the same position but with the terms and conditions applying to a resident Caymanian; and (b) any entitlements applying to the employee prior to becoming a Caymanian that are in excess of those applying to a resident Caymanian (including reimbursement of travel costs at the end of that employee’s period of employment) will be forfeited from the date that employee becomes a Caymanian. Discipline of an employee 17. Employees who are civil service entity staff members may be disciplined by an appointing officer for minor misconduct or inadequate performance over a reasonable period of time under section 44(3) of the principal Act and regulation 38. 17A. Disclosure of information 17A. In accordance with section 5(2)(h) of the principal Act, a public servant shall not disclose to an unauthorised person information obtained in the course of employment unless authorised to do so — (a) under the terms of that public servant’s employment; or (b) by or under the Freedom of Information Act (2021 Revision). Normal retirement age and benefits 18. (1) The compulsory normal retirement age is 65 years but a civil servant may be reemployed on a fixed-term employment agreement after reaching this age in accordance with section 9(4), 26(3) and 41(11) of the principal Act and regulations 6, 16 and 30. (1A) The compulsory normal retirement age for police officers is determined in accordance with section 21 of the Police Act (2021 Revision). (2) An employee, together with their spouse and dependent children, are entitled to medical, dental and optical benefits as specified in paragraph 9 of this Schedule for the period from the employee’s retirement to the employee’s death, or in the case of the employee’s spouse from the time of the employee’s retirement to the death of the spouse, or in the case of dependent children from the time of the employee’s retirement to the end of eligibility as a dependent child, provided that — (a) at the time the employee retired from government employment — (i) the employee was entitled to a pension under the Public Service Pensions Act (2021 Revision); or (ii) if the employee was not a member of the Public Service Pension Scheme, the employee retired at an age where the employee would have been eligible for a pension under that scheme; and (b) the government was the employee’s principal employer for 10 consecutive years. Termination of employment by employee 19. (1) The following employees may terminate their employment by giving three months’ written notice of their resignation, or in the case of their retirement, by giving six months’ written notice of their retirement date, to their appointing (a) an Official Member; (b) a chief officer; or a school principal, teacher, school staff or programme staff so designated under paragraph 5(1)(d)(i). (2) Other employees on open-ended employment agreements may terminate their employment by giving one month’s written notice of their resignation, or in the case of retirement by giving six months’ written notice of their retirement date, to their appointing officer. (3) Other employees on fixed-term employment agreements may terminate their employment by giving one month’s written notice to their appointing officer. (4) If the employee fails to give adequate notice, the employee shall make a payment in lieu of notice of an amount equal to the normal wage or salary for the period of short notice. Termination of employment by employer 20. (1) The Governor may terminate an Official Member’s employment on the basis of — (a) dismissal for gross misconduct under sections 12(1) of the principal Act and regulation 10; section 12(1) of the principal Act and regulation 11; or early retirement on medical grounds under section 12(2) of the principal Act and regulation 12. (2) An appointing officer may terminate a chief officer’s employment on the basis of — (a) dismissal for gross misconduct under sections 29(1) and 38 of the principal Act and regulation 21; sections 29(1) and 38 of the principal Act and regulation 22; early retirement on medical grounds under sections 29(2) and 38 of the principal Act and regulation 23; or (d) retirement to improve the organisation under sections 29(3) and 38 of the principal Act and regulation 24. (3) An appointing officer may terminate a staff member’s employment on the basis of — (a) dismissal for gross misconduct under section 44(4) of the principal Act and regulations 35, 39, 40 and 41; section 44(4) of the principal Act and regulations 35 and 42; early retirement on medical grounds under section 44(5) of the principal Act and regulation 43; (d) retirement to improve the organisation under section 44 (6) of the principal Act and regulation 44; or (e) redundancy under section 44 (7) of the principal Act and regulation 45; or (f) loss of qualification, licence or certification under section 44(1)(e) of the principal Act and regulation 46. (4) The period of notice to be given by the appointing officer to the employee on termination of employment is as follows — (a) dismissal for gross misconduct, no notice; (b) dismissal for serious misconduct or significant inadequate performance, no notice; early retirement on medical grounds, three months; (d) retirement to improve the organisation, three months; (e) redundancy, three months; (f) loss of qualification, licence or certification, no notice. (5) An appointing officer may terminate an employee prior to the end of the period of notice established by subparagraph (4) by paying the employee the sum that the employee would have earned had the employee worked up to the end of the period of notice. (a) An employee is entitled to severance pay if the employee’s employment is terminated on the basis of early retirement on medical grounds, retirement to improve the organisation or redundancy; (b) Severance pay will be calculated in accordance with the following — (i) for salaried employees, two weeks’ salary for each completed twelve-month period of employment with the government up to a maximum of 10 years; or (ii) for wage workers, ten working days pay at their current rate of pay for each completed year (221 working days) of employment up to a maximum of 10 years; and (iii) for part-time employees, the pro-rated amount of the relevant fulltime entitlement; For the avoidance of doubt an employee is not entitled to severance pay if the employee has been employed on a fixed-term employment agreement and that agreement comes to a natural end as the result of an effluxion of time. (paragraph 3 of Schedule 1) The remuneration bands referred to in paragraph 3(1)(a) of Schedule 1 are such as may be approved from time to time by the Deputy Governor. Process for allocating positions to remuneration bands (1) All civil service positions shall be allocated to a remuneration band by the Portfolio of the Civil Service using an objective methodology and having regard to — (a) the duties, responsibilities and accountabilities of the position; (b) the qualification, knowledge, skills and experience required; and the relevant internal and external market rates for similar positions. (2) In allocating a position to a band the Portfolio of the Civil Service shall — (a) focus solely on the factors in subparagraph (1) and shall take no account of the persons likely to be applying for the position; and (b) not be subject to the direction or control of any person. Request for allocation to a remuneration band An appointing officer may submit a position to the Portfolio of the Civil Service for allocation to a remuneration band, or request that an existing allocation be reviewed by the Portfolio of the Civil Service, whenever an appointing officer feels that any of the factors in paragraph 2(1) of this Schedule have changed. (regulations 8, 19, 36 and paragraph 3 of Schedule 1) Performance-related remuneration Performance-related remuneration shall be calculated as follows — (a) performance shall be assessed in accordance with a five point rating scale as follows — (i) Rating 5: Achieved the agreed performance in all respects and achieved substantially better than agreed performance in most respects; (ii) Rating 4: Achieved the agreed performance in all respects and achieved better than agreed performance in some respects; (iii) Rating 3: Achieved the agreed performance in all respects; (iv) Rating 2: Achieved the agreed performance in some but not all respects; and (v) Rating 1: Failed to achieve the agreed performance in a substantial way; (b) where a staff member is assessed with a rating of 5, the staff member shall be entitled to a performance-related remuneration payment equal to 10% of the staff member’s wages or salary, and this shall be paid as soon as is where a staff member is assessed with a rating of 4, the staff member shall be entitled to a performance related-remuneration payment equal to 5% of the staff member’s wages or salary, and this shall be paid as soon as is (d) where a staff member is assessed with a rating of 3, the staff member shall be entitled to a performance related-remuneration payment equal to 2.5% of the staff member’s wages or salary, and this shall be paid as soon as is (e) where a staff member is assessed with a rating of 2, the staff member shall not be entitled to any performance-related remuneration payment; (f) where a staff member is assessed with a rating of 1, the staff member shall not be entitled to any performance-related remuneration payment, and shall be advised in writing that this level of performance is not acceptable and if performance does not improve within a reasonable period of time dismissal action will be taken on the grounds of significant inadequate performance in accordance with the provisions of section 44 (4) of the principal Act and regulation 42. (regulations 9, 20 and 37) Employment Agreements An employment agreement shall be agreed with each civil servant following that civil servant’s appointment but prior to that civil servant’s commencement of duties. As the employment agreement is specific to a civil servant’s position, a new agreement shall be prepared and agreed whenever a person is appointed, transferred or promoted to a new or different position. Whenever there is a change in circumstances that render an employment agreement at variance with those circumstances, for example a change in terms and conditions, a new employment agreement shall be prepared and agreed with the civil servant. Employment agreements shall be in the form shown in the Annex to this Schedule and shall contain the following information — (a) the name of the employee; (b) the name of the employer as the Cayman Islands Government; the position appointed to; (d) the period of employment; (e) the place of work; (f) the start date; (g) the employee’s remuneration; (h) the terms and conditions of employment (a copy of the standard terms and conditions current at the time the employment agreement is entered into shall be attached to the agreement); (i) a requirement to comply with the Public Servant’s Code of Conduct and workplace rules; (j) a requirement to participate in the performance management system including the preparation of annual performance agreements and assessments; (k) a requirement that the employee must not engage in any private gainful activity that conflicts with the employee’s duties (or might be reasonably perceived to conflict with those duties) or impinges upon the employee’s ability to complete his/her duties diligently and conscientiously, and without the written agreement of the chief officer; an outline of disciplinary and termination processes; and (m) such other information as may be agreed. Employment agreements shall be signed by the employee and the appointing officer. ANNEX TO SCHEDULE 4 TEMPLATE FOR EMPLOYMENT AGREEMENTS FOR CIVIL SERVANTS ******************* CAYMAN ISLANDS GOVERNMENT EMPLOYMENT AGREEMENT AGREEMENT made on Insert date BETWEEN [Insert name, title and entity of appointing officer] on behalf of the Government of the Cayman Islands (hereafter referred to as “the employer”) And [Insert name of employee] of [Insert address of employee] (hereafter referred to as “the employee”). Appointment The employer agrees to employ the employee in the position of [Insert name of position] in [Insert name of Civil Service entity] and the employee agrees to undertake the duties of the position diligently and faithfully. Employee’s Duties The general duties of the position are specified in the Job Description attached to this Agreement, together with such other reasonable duties as may be specified by the employee’s supervisor, and may be modified from time to time at the discretion of the employer. [Attach Job Description to back of employment agreement] Duration of Employment The employee’s employment will commence on [Insert day, month and year] and is for [select relevant period] an indefinite period of time (open-term) [or]a fixed period ending on [Insert last day, month and year] (fixed-term employment agreement) [or]a six month probationary period ending on [Insert day, month and year]. Place of Work The employee’s normal place of work will be [Insert name and address of place of work] but may be varied at the discretion of the employer. Terms and Conditions of Employment The terms and conditions of employment are as specified in Schedule 1 to the Personnel Regulations (as amended from time to time), and that Schedule shall be read and construed as part of this Agreement. A copy of Schedule 1 to the Personnel Regulations, current at the date this Agreement was entered into, is attached to this Agreement. [Attach a copy of Schedule 1 to the Personnel Regulations to the back of employment agreement] The employee’s normal hours worked per week shall be [Insert number of hours e.g. 37.5]), and the employee’s hours of attendance [shall/shall not] be shift-based. Dependents For avoidance of doubt, the employee’s spouse and dependent children named below will be eligible for medical, optical and dental benefits as set out in Schedule 1. [Insert Full Names of Spouse] [Insert full Names(s) of Dependant Children] As set out in Schedule 1 to the Personnel Regulations, paragraph 13(1)(b), the employee is required to notify the employer immediately of any change in dependent status affecting eligibility for medical benefits. Remuneration and Benefits The employee’s remuneration will consist of: (a) Salary/Wages of CI$ [Insert $ amount e.g. $ per annum or $ per hour], on Salary/Wage Grade [insert grade] Point [insert point]; [OR] Personal to Holder Salary/Wages of CI$ [Insert amount e.g. $per annum or $ per hour], in accordance with section 43 of the Public Service Management Act (2018 Revision) and as specified in paragraph 3 of Schedule 1 to the Personnel Regulations (2025 Revision) (a copy of which is attached to this (b) Standard Allowances as follows: [Insert list of relevant standard allowances, as appropriate, and relevant amounts]; Where a performance related remuneration scheme has been applied to the employee, a performance-related payment of up to 10% of the salary or wages of the employee, as specified in paragraph 3 of Schedule 1 to the Personnel Regulations (a copy of which is attached to this Agreement); (d) Where a performance related remuneration scheme has been applied to the employee, other performance incentive remuneration, as specified in paragraph 3 of Schedule 1 to the Personnel Regulations (a copy of which is attached to this Agreement); (e) [Where the employee is under age 65 and is not currently receiving payments from the Public Service Pensions Plan, employer and employee pension contributions as specified in paragraph 3 of Schedule 1 to the Personnel Regulations]; [OR] [Where the employee is under age 65 and is currently receiving payments from the Public Service Pensions Plan and such employee, by virtue of entering into this employment agreement, elects to suspend payments being received from the Public Service Pensions Plan pursuant to section 23(1) or (2) of the Public Service Pensions Act (2021 Revision), employer and employee pension contributions as specified in paragraph 3 of Schedule 1 to the Personnel Regulations]; [OR] [Where the employee has attained early retirement age as defined in section 3 of the Public Service Pensions Act (2021 Revision) and elects, by virtue of entering into this employment agreement, to take phased retirement pursuant to section 23(3) of the Public Service Pensions Act (2021 Revision), by being employed on a lower salary grade or in a part time capacity, a pension without interruption and the employee will be ineligible to receive or make employer and employee pension contributions.] [OR] [Where the employee is at or above age 65 and is therefore ineligible to participate in the Public Service Pensions Plan, the employee will be ineligible to receive or make employer and employee pension contributions] [Delete as appropriate] (f) Medical, dental and optical benefits as specified in paragraph 3 of (g) Where the employee falls in the category of employees entitled to overtime, overtime pay or time-in-lieu, as specified in paragraph 3 of (h) Public holiday pay, where the employee is entitled to it, as specified in paragraph 4 of Schedule 1 to the Personnel Regulations (2022 Revision), (a copy of which is attached to this Agreement); (i) A five-year cash grant, as specified in paragraph 3 of Schedule 1 to the Personnel Regulations; [if not applicable, exclude this sub-paragraph] (j) An acting allowance, where applicable, as specified in paragraph 3 of (k) An extra duties allowance, where applicable, as specified in paragraph 3 of Schedule 1 to the Personnel Regulations (a copy of which is attached to Annual Leave in accordance with paragraph 5 of Schedule 1 to the Personnel Regulations (a copy of which is attached to this Agreement). Under or Overpayment of Remuneration (a) The employer agrees that any erroneous underpayment of remuneration will be paid to the employee at the next practical pay period. (b) The employee agrees that any erroneous overpayment of remuneration will be repaid to the employer and that to this end the employer may recover the overpayment from the employee by way of deduction from the employee’s wages or salaries over a reasonable period. Limited Engagement in Private Gainful Activity by the Employee 10. The employee agrees not to, without the written agreement of the Chief Officer, engage in any private gainful activity that conflicts with the employee’s duties or might be reasonably perceived to conflict with those duties or that impinges upon the employee’s ability to complete duties diligently and conscientiously in a manner that would normally be expected by a principal employer. Additional Undertakings by the Employee 11. The employee agrees to — (a) comply with the Public Servant’s Code of Conduct specified in section 5 of the Public Service Management Act (2018 Revision), and workplace rules, as amended from time to time. A copy of these documents, current at the date this Agreement was entered into, is attached to this Agreement; [Attach a copy of the Public Servant’s Code of Conduct, and workplace rules for the civil service entity concerned, to the back of the Agreement] (b) participate in the employer’s performance management system including the signing, completion and execution of annual performance agreements and annual performance assessments; and warranty that the information contained in this Agreement is accurate to the best of the employee’s knowledge and, without limiting the generality of this provision, in particular, that the terms set out in paragraph 8(e) of this Agreement are correct. Disciplinary and Termination Agreements 12. The employer may discipline the employee or terminate [his/her] employment under the terms and conditions of employment as specified in Schedule 1 to the Personnel Regulations (2025 Revision) (a copy of which is attached to this Agreement). No Presumption of Further Employment 13. The parties expressly agree that the employment of the employee establishes no presumption or expectation on the part of either party that the employee will be offered further employment at the end of the employment period. Termination of Employment 14. The employee and employer shall provide periods of notice for the termination of employment as specified in paragraph 19 of Schedule 1 to the Personnel Regulations (2025 Revision) (employee) and in paragraph 20 of Schedule 1 to the Personnel Regulations (2025 Revision) (employer). No Liability of Governor 15. Nothing in this Agreement imposes any liability on the Governor of the Cayman Islands acting in the Governor’s personal capacity. Interpretation 16. This Agreement shall be interpreted in accordance with the principal Acts of the Cayman Islands, and in the event of a dispute the principal Acts of the Cayman Islands will apply. Agreement Contains All Terms 17. Except for any provision that applies by virtue of law, this document constitutes the entire Agreement between the employer and the employee and replaces all previous Employment Agreements between the employer and the employee. Amendments 18. No amendments or modifications to this Agreement will be valid or binding unless made in writing, signed by both the employer and the employee and specifying the date on which they shall come into operation. SIGNED (on behalf of the employer) ………………………………………………… [Signature of Appointing Officer] ………………………………………………… Date SIGNED (Insert Name of Employee) ………………………………………………… [Signature of Employee] ………………………………………………… Date Attachments: Job Description Schedule 1 to the Personnel Regulations Public Servant’s Code of Conduct Relevant work place rules CC: HOD Treasury Department Portfolio of the Civil Service Public Service Pensions Board Immigration Department (if applicable). Publication in consolidated and revised form authorised by the Cabinet this 21st day of January, 2025. Kim Bullings Clerk of Cabinet Table of Legislation history: SL # Act # Legislation Commencement Gazette 6/2024 Personnel (Amendment) Regulations, 2024 22-Mar-2024 LG14/2024/s1 Personnel Regulations (2022 Revision) 27-Jan-2022 LG6/2024/s7 164/2020 Personnel (Amendment) Regulations, 2020 1-Jan-2021 LG92/2020/s1 56/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89/2020/s1 Personnel Regulations (2019 Revision) 19-Feb-2019 LG2/2019/s10 45/2018 Personnel (Amendment) Regulations, 2018 19-Nov-2018 G24/2018/s1 Personnel Regulations (2017 Revision) 31-May-2017 GE45/2017/s23 52/2016 Personnel (Amendment) Regulations, 2016 1-Jan-2017 & 9-Sep-2016 GE71/2016/s3 Personnel Regulations (2013 Revision) 21-Oct-2013 G21/2013/s11 30/2012 Personnel (Amendment) (No.2) Regulations, 2012 31-Aug-2012 GE84/2012/s10 29/2012 Personnel (Amendment) Regulations, 2012 31-Aug-2012 GE84/2012/s9 Personnel Regulations (2012 Revision) 22-Oct-2012 G22/2012/s6 28/2011 Personnel (Amendment) (No. 2) Regulations, 2011 12-Dec-2011 GE108/2011/s5 Personnel Regulations (2011 Revision) 21-Nov-2011 G24/2011/s6 15/2011 Personnel (Amendment) Regulations, 2011 21-Jun-11 GE47/2011/s1 19/2010 Personnel (Amendment) Regulations, 2010 30-Jun-2011 GE37/2010/s2 26/2009 Cayman Islands Proclamation 4 of 2009 – (Commencement of Cayman Islands Constitution Order 2009, UKSI 1379/2009) 6-Nov-2009 GE69/2009/p7 32/2009 Personnel (Amendment) Regulations, 2009 6-Nov-2009 GE68/2009/s1 7/2006 29-Dec-2006 GE28/2006/s2 (Price: $15.20) 1 Reg 47 Not in force – see Regulation 3(2) of Personnel Regulations (2025 Revision) 2 Para 3(3)(b) of Sch 1 Not in force – see Regulation 3(2) of Personnel Regulations (2025 Revision)