CHAPTER 17

CHAPTER 17

Layoff Avoidance Measures, Layoffs, and Post Layoff

SECTION 1 - LAYOFF AVOIDANCE MEASURES

17.1 Types of Layoff Avoidance Measures

(a) Layoff Avoidance Measures Needing Civil Service Approval

These measures consist of the following: 1) withholding of merit increases, 2) reduction in work hours, and 3) furloughs without pay.

(b) Layoff Avoidance Measure Not Needing Civil Service Approval - Required Annual Leave During Closures

A department or agency, when the efficiency of operations dictates a temporary closure, may require employees to use up to a maximum of ten (10) days of annual leave per calendar year. Employees who have less than thirty (30) days of annual leave may be required to take annual leave under this provision. Employees who have exhausted annual leave shall be placed on leave without pay, but not for more than ten (10) days per calendar year.

17.2 Approval of Layoff Avoidance Measures

(a) A written plan for layoff avoidance measures listed in Rule 17.1(a) shall be submitted to the Director prior to the effective date of the measures. The Director may:

1. Approve the plan.

2. Disapprove the plan.

3. Refer the plan directly to the Commission for consideration at its next regularly scheduled meeting.

(b) Exceptions, if any, to layoff avoidance rules must be requested in the written plan, with justification. For exceptions, the Director may:

1. Grant interim approval subject to ratification by the Commission at its next regularly scheduled meeting.

2. Refer the exceptions directly to the Commission for consideration at its next regularly scheduled meeting.

17.3 Uniform Measures

These measures shall apply uniformly to all employees in the affected organizational unit, as defined by Rule 1.21.1. This includes employees on leave, on temporary appointments and those who are hired while the measures are in effect. Exceptions or deviations from uniform measures must be requested according to the provisions of Rule 17.5 and require the Director's approval.

17.4 Notification to Employees

(a) The appointing authority shall, as soon as it is reasonably determined that a layoff avoidance measure is necessary, make a reasonable attempt to notify all employees who could be affected.

(b) Once a layoff avoidance plan is approved by the Director or Commission, it shall be made generally available to the employees who would be affected.

17.5 Exceptions to Regular Measures

For rational business reasons, the appointing authority may request exceptions to these rules. Exceptions that may be requested with justification include the following:

(a) Exclusion of employees who possess particular qualifications needed to complete an essential program or to maintain essential services necessary to preserve the life, health or welfare of the public.

(b) Other exceptions that are based on rational business reasons.

17.6 Withholding of Merit Increases

When an appointing authority determines that it is necessary to withhold merit increases of employees in order to avoid or reduce layoffs, his request is subject to the following:

(a) He shall certify that his department does not have sufficient funds to give such increases to all employees. The request shall include the reasons for this action, the names and jobs of those employees to be excluded, if any, and reasons for their exclusion, the proposed effective dates and periods of time involved, the organizational unit and geographic area(s) affected.

(b) Such withholding of merit increases shall not exceed one period of 12 consecutive months.

(c) Employees whose merit increases are withheld shall retain their eligibility for such increases for a three-year period.

17.7 Reduction in Work Hours

When an appointing authority determines it is necessary to reduce the work hours of employees in order to avoid or reduce layoffs, his request is subject to the following:

(a) He shall include the reasons for the reduction, the names and jobs of any employees to be excluded and reasons for their exclusion, the number of work hours reduced for each employee, the proposed effective dates and periods of time involved, the organizational unit and geographic area(s) affected.

(b) Such reductions shall not exceed one period of 12 consecutive months.

(d) An affected employee shall be subject to the same leave and overtime rule provisions as apply to employees on regular, part-time status. Any hours worked over the employee's reduced workweek shall be compensated with compensatory leave earned at the hour for hour rate. Hours which exceed a 40-hour workweek shall be compensated at the time and one-half rate if required by the Fair Labor Standards Act.

17.8 Furlough without Pay

When an appointing authority determines that it is necessary to furlough employees without pay to avoid or reduce layoffs, his request is subject to the following:

(a) He shall include reasons for the furlough, the names and jobs of those employees to be excluded, if any, and reasons for their exclusion, the total work hours or days for each employee, the dates and period of time involved, the organizational unit and the geographic area(s) affected. He shall also specify if employees will be recalled from furlough at the same time. If employees will be recalled at different times, the recall schedule must be specified and justified.

(b) An employee shall not be furloughed for more than a total of 240 work hours in any 12 consecutive-month period without approval of the Commission.

(c) With approval of the Commission, an employee may be furloughed up to a total of 450 work hours in a 12 consecutive-month period.

(d) When the Commission or Director determines that extraordinary circumstances exist, they may approve an extension of furlough beyond 450 hours. If any employees are recalled during this extended furlough period,
the employee with the most state service for a given job title shall be recalled first. If such position requires specific licensure or certification the employee with the most state service who meets those requirements shall be recalled first.