Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In
the event that the Local Agency determines a reduction in the number of Program
employees is necessary, the Local Agency shall follow the procedures
established in its Personnel System for reductions in force. Such procedures
may include but are not limited to requirements for how and when notice is
given to the affected employees, limits on appointments to vacant positions
pending completion of the reduction in force, and provisions for creating
reemployment lists of those employees laid off or demoted through the reduction
in force process.
(b)
(1) For the purposes of the Local Agency
reduction in force process, seniority shall be calculated for Program employees
as for any other employee of the Local Agency with the exception that Program
employees hired prior to the effective date of this regulation shall retain the
seniority accrued prior to the effective date of this regulation, as provided
in subsection (2). Program employees who are hired after the effective date of
this regulation shall accrue seniority in accordance with the Personnel System
of the Local Agency.
(2) In
addition to other seniority to which a Program employee is entitled, Program
employees with permanent or probationary appointments in a Local Agency
overseen by the Department prior to the effective date of this regulation shall
be credited with all seniority accrued as of the effective date of this
regulation as provided in this subsection. After the effective date of these
regulations, these Program employees will accrue seniority in accordance with
the Personnel System of the Local Agency.
(A)
Program employees who were appointed on a permanent or probationary basis prior
to the effective date of this regulation shall be credited for all employment
in any Local Agency governed by this division if that employment was not broken
by a permanent separation of six (6) months. When there had been a permanent
separation of six (6) months or more, credit earned is only for employment
following such break in service. Program employees hired from a reemployment
list regained all previously earned seniority on the date of reemployment. A
Program employee who transferred to another department in the same Local
Agency, and who subsequently returned to the Program without a permanent
separation, retains seniority earned prior to the transfer from the
Program.
(B) One point of seniority
credit shall be given for each qualifying month of service earned prior to the
effective date of these regulations.
(C) Notwithstanding the provisions of
subsection (b)(2)(A), Program employees who were on approved leaves of absence
such as educational leave, military leave, maternity leave, and disability
leave shall retain seniority accumulated before the leave of absence. The time
the Program employee spends on such approved leave of absence shall not be
included in the seniority score computation except that a Program employee who
was on industrial disability leave shall have that time credited in the
seniority score computation.
(c) A Program employee may appeal to the
Department a reduction in force decision affecting his or her employment. Prior
to filing an appeal with the Department, the employee shall attempt to resolve
the dispute directly with the Local Agency. In the event the Local Agency and
the Program employee are unable to resolve the dispute, the Program employee
must notify the Department in writing of his or her appeal and the basis for
the appeal. The Program employee must attach evidence that a remedy was sought
from the Local Agency and denied. The appeal must be received by the Department
within 30 calendar days of the date on which the Program employee was notified
that the Local Agency would not provide the relief the Program employee
requested.
(d) The scope of appeal
is limited to:
(1) The Local Agency's failure
to comply with an element of the Personnel Plan that adversely impacted the
appellant in particular.
(2)
Miscalculation of the appellant's seniority score where seniority is a factor
in the order of lay-off.
(e) The Department shall resolve the appeal
by reviewing documents submitted by the parties and such other evidence as the
Department may request. The Department may in its discretion schedule an
evidentiary hearing. The Department shall render a decision within 60 calendar
days of submission of all of the evidence.
(f) The reduction in force process shall not
be delayed by the filing of any appeal unless the Local Agency determines a
delay is appropriate.
1. New section
filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing
only (Register 2016, No. 26).
Note: Authority cited: Sections
19800,
19801,
19803 and
19811,
Government Code. Reference: Sections
19803 and
19805,
Government Code.
