South Carolina Code of Regulations
Chapter 19 - STATE BUDGET AND CONTROL BOARD
Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT
Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS
Section 19-719.04 - REDUCTION IN FORCE
Universal Citation: SC Code Regs 19-719.04
Current through Register Vol. 48, No. 3, March 22, 2024
A. Statements of Policy
1. The Office of Human Resources shall
develop a reduction in force model policy to assist an agency in its policy
development. The Office of Human Resources must review and approve each
agency's reduction in force policy.
2. Each agency shall develop a reduction in
force policy. This requirement shall not apply to academic personnel. However,
each institution of higher learning or medical institution of education and
research shall develop a policy outlining the criteria for a reduction in force
for these employees.
3. Technical
colleges are required to have a reduction in force policy.
4. Employees on authorized leave are eligible
to compete in a reduction in force as if they are not on leave.
5. When a covered employee is assigned lower
level responsibilities or demoted as a result of a reduction in force
implemented due to budgetary reductions, the employee's salary may be reduced
on the effective date of the reduction in force. The agency head or his
designee, at his discretion, may reduce the employee's salary to a salary
either between 0%-15% below the employee's current salary or between the
employee's current salary and the midpoint of the lower pay band. In exercising
this discretion, the agency head or his designee may use the option which
results in the greatest cost savings.
(Note: Regulation Regulation 19-719.04 A. 5. only applies to decreases in salary as a result of a reduction in force implemented due to budgetary reductions and is an exception to salary decreases when a covered employee is assigned lower level responsibilities or demoted as listed in Regulation 19-705 and 19-706.)
B. Reduction in Force Plan
1. Each agency shall submit a reduction in
force plan to OHR for review and approval for procedural correctness prior to
its implementation.
2. A reduction
in force plan must include:
a. A reason for
the layoff as defined by the agency. These circumstances shall be either agency
reorganization, work shortage, loss of funding, or outsourcing/privatization.
If the reason for the reduction in force is that the agency can no longer meet
its personal services budget, OHR will forward a copy of the plan to the Office
of State Budget for concurrence on the budgetary issue prior to final
approval.
b. The competitive
area(s) in which the reduction in force will apply. Competitive area(s) shall
be determined by the agency according to critical needs. Any covered employee
affected by a reduction in force shall have bumping rights within a competitive
area(s).
c. The competitive
group(s) within the competitive area(s) as defined by the agency including any
employees in specified competitive area(s).
d. The proposed list of employees to be
affected by the reduction in force which includes:
(1) The age, race, and sex of all employees
in the competitive group(s); and
(2) A preliminary list of employees in each
group in retention point order.
e. The efforts that will be made to assist
laid off employees to find other employment, including notice to OHR.
f. A current organizational chart showing the
competitive area(s) and competitive group(s).
g. Justification of the use of any retention
of necessary qualifications as provided in the agency's reduction in force
policy.
3.
Implementation
After a reduction in force plan is reviewed and approved by OHR for procedural correctness and before it becomes effective, an agency representative shall inform affected employees of the following:
a. The reason for the reduction in
force;
b. The competitive area(s)
and competitive group(s);
c. The
effects of the reduction in force upon State benefits;
d. The assistance offered by OHR;
e. The employee's recall rights;
and
f. The method of notification
should a job become available.
4. Reduction in Force Rights
a. Any covered employee affected by a
reduction in force shall retain covered status and recall rights for a period
of one year from the date of separation.
b. Employees who are affected by the
reduction in force shall be recalled in inverse order based on retention points
should a position become available within the competitive area.
c. A covered employee who is separated due to
a reduction in force shall retain continuous service if the employee is
reinstated within one year from the date of separation.
d. An employee who is separated by an agency
by a reduction in force and is subsequently reinstated within one year shall
have his sick leave restored and shall be given the option of buying back all,
some, or none of his annual leave at the rate at which it was paid
out.
5. Grievance Rights
A covered employee who is affected by a reduction in force may grieve or appeal the reduction in force under the State Employee Grievance Procedure Act if the appeal is based on inconsistent or improper application of a reduction in force policy or plan.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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