Current through Register Vol. 48, No. 38, September 20, 2024
a)
Layoff Procedure:
1) A department head may
request the layoff of an employee because of lack of funds, material change in
duties or organization, or lack of work, or the abolition of a position for any
of these reasons. Based on class, department, or other designation, layoffs
shall be within organizational units justified by operations and approved prior
to the layoffs by the Director.
2)
A proposed layoff is subject to the approval of the Director before becoming
effective and shall include the following in the organizational unit in which
the layoff is proposed:
A) A list of all
employees showing status and total continuous service;
B) A listing of those employees to be laid
off;
C) Performance records of all
employees in classes affected by layoff plan;
D) An explanation of any layoff not in order
of continuous service;
E) An
explanation of the organizational unit selected, reflecting department,
facility, geographical, operational, and other elements deemed relevant by the
department head.
b) Order of Layoff:
1) The following order shall be observed in
making layoffs:
A) No certified or
probationary employee may be laid off until all temporary, intermittent,
emergency, provisional, and exempt employees in the same class and
organizational unit are terminated;
B) No certified employee may be laid off
until all probationary employees in the same class and organizational unit are
terminated.
2) Within
status groups and accordance with the layoff plan submitted under subsection
(a) of this Section, consideration shall be given to performance records and
continuous service as defined in Section
500.230(a).
c) Effective Date of Layoff:
Unless extraordinary operating conditions or events are specified in the
proposed layoff plan, no layoff shall be effective until 10 days after the
Director's approval of the layoff plan.
d) Disapproval: The Director may disapprove
any layoff plan which results in a disproportionate impact on affected
employees within the same race, sex, or religious group.
e) Reemployment Lists:
1) The department shall establish and
maintain a reemployment list, by class, department, county, or other designated
geographical area approved by the Director before layoff. A certified employee
who has been laid off shall be placed in order of length of continuous service
as defined in Section
500.230(a)
on a reemployment list for recall to the first available assignment to a
position in the class (or related classes with substantially similar
requirements and duties), department, county, or other designated geographical
location or area in which the employee was assigned prior to being placed on
the reemployment list. Where circumstances warrant, at the discretion of the
Director, such reemployment list may be established by related classes whose
duties are substantially similar to the class from which the employee was laid
off.
2) An employee whose name has
been placed on the reemployment list will also be eligible for reinstatement in
accordance with Section
500.290(b).
f) Employment From Reemployment
List: Whenever there is any person available on a reemployment list for recall
to a vacant position for the same class, or related classes where such have
been established pursuant to subsection (e) of this Section, department,
county, or other designated geographical area, no temporary, provisional, or
probationary appointment shall be made to such vacancy.
g) Removal of Names From Reemployment List:
1) A laid off employee's name shall be
removed from the reemployment list when:
A)
The employee is recalled from layoff;
B) The employee refuses an offer of permanent
reemployment;
C) The employee's
name has remained on the reemployment list for 24 months;
D) The employee has been reinstated in
accordance with Section
500.290(b).
2) Offers of temporary, exempt, or
emergency appointment shall not be considered as recall or
reinstatement.
h) Laid
Off Probationary Employees:
1) The name of an
original entrance employee who is terminated as a result of layoff before the
completion of the probationary period shall be returned to eligible list with
the same grade as when appointed.
2) An employee serving a probationary period
subsequent to promotion from a position in which the employee was certified who
is to be laid off shall be given notice, and may request a voluntary reduction
pursuant to Section
500.285(a) and
(c). If no voluntary reduction is effected,
the employee will be laid off and the employee's name placed in seniority order
as provided in Section
500.230(a)
on the reemployment list for the department, work location, and title in which
certified.
i)
Reconsideration Request Laid Off Certified Employee:
1) Within 15 calendar days of receipt of
notice of a certified employee's layoff and without prejudice to the right to
request voluntary reduction, such employee may directly petition the Director
of Personnel in writing for reconsideration of the decision approving the
layoff.
2) In the event a request
for reconsideration is made, the Director shall designate a hearing officer to
hear, review, and investigate the application of this Part and the validity of
the layoff and who shall submit findings to the Director for final
determination. Notice of the final decision of the Director shall be served on
the employee in person or by certified mail, return receipt requested, to the
employee's last address appearing in the personnel file.