SECTION 2 – LAYOFFS

17.9 Types of Layoffs; Notice to Director and Approval Required for Each

(a) Layoffs involving permanent employees

1. A written plan shall be submitted to the Director at least two calendar weeks prior to the effective date of the layoff. The Director may:

a. Approve the plan.

b. Disapprove the plan.

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

2. Exceptions, if any, to layoff rules shall be requested in the written plan, with justification. For exceptions, the Director may:

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

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

(b) Layoffs Involving Probational Employees Only

In layoffs involving probational employees only, the appointing authority shall provide written notice to the Director of such layoffs prior to the effective date.

Layoffs that result when a new, lower position is established for an encumbered position, resulting in the abolishment of the old encumbered position, require prior approval of the Director. A written explanation of the circumstances of this action shall be submitted to the Director. At the Director's discretion, the agency may be required to conduct a regular layoff or the Director may permit the affected employee to be demoted in lieu of layoff to the new position.

17.10 Required Notices to Employees in the Different Types of Layoffs

(a) For layoffs involving permanent employees, the following notices are required:

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

2. Once a layoff plan is approved by the Director, it shall be made generally available to the employees who could be affected.

3. Employees in positions proposed for abolishment shall be so notified at least five (5) calendar days prior to approval of the plan by the Director.

4. Employees shall be notified of displacement offers, or layoff notification if there is no offer to make. There shall be at least five (5) calendar days between the last such notice and the effective date of layoff.

(b) For layoffs of probational employees only, the affected employees shall be given notice of their layoff prior to the effective date of layoff.

(c) When it is determined that a new lower position exists and the old encumbered position must be abolished, the appointing authority shall notify the affected employee in a manner consistent with the Director's approval of his layoff. Notification for a regular layoff shall be in compliance with subsection (a) of this rule, or, if the employee is demoted in lieu of layoff to the new position, he shall be notified of his eligibility for the department preferred reemployment list.

17.11 Pay Upon Demotion (Downward Displacement) for Different Types of Layoffs

(a) Non-budgetary Layoffs

For primarily non-budgetary layoffs, no pay reductions shall occur when employees are displaced to lower jobs. This is subject to those situations involving base supplement addressed in Rule 6.15(f).

(b) Budgetary Layoffs

For layoffs caused primarily for budgetary reasons, the appointing authority may choose one option as follows:

1. He may reduce pay upon displacement to lower jobs. Pay reductions shall be uniform in their percentage for all affected employees. Such pay cuts shall not result in an employee's being paid above the range maximum or base supplement maximum of the lower job or below the range minimum,

2. If the pay is not reduced, the provisions of subsection (a) of this rule shall apply.

When a new lower position for an encumbered position is established in accordance with Rule 17.9(c), the employee's pay shall not be reduced in the resulting demotion in lieu of layoff, subject to those situations involving base supplement addressed in Rule 6.15(f).

17.12 Changes in Allocations and Effect This Has on Layoff

So that displacement offers will not have to be redone, a layoff shall not be affected by any changes in allocations for affected positions after the layoff plan is received at Civil Service, regardless of the effective date of the allocation.

17.13 Responsibilities of Employees Affected in a Layoff

The following shall be responsibilities of any employee affected in a layoff. This includes employees who are on leave, on detail to special duty, and on temporary interdepartmental assignment.

(a) He shall read or otherwise make himself aware of agency-distributed information concerning the layoff.

(b) He shall supply all information required by the agency to determine adjusted state service date in the format and by the deadline set by the agency.

(c) If he is absent from work, he shall leave with the personnel specified in his agency, correct and current information as required by the agency on how he may be reached at all times when his agency will be making job offers during the layoff.

(d) He shall comply with the deadline for responding to a job offer in a manner determined by the agency. Failure to do so in the proper manner and by the deadline shall be considered a declination of the job offer.

(e) If meeting the job qualifications of the offered job requires a grade from Civil Service, he must have had the grade effective no later than the date the layoff plan is submitted to Civil Service to be eligible for that position. The grade need not be active; it may be expired. However, it must have the same series number as the test currently in use and must be verifiable, either in the automated applicant record at Civil Service or by the employee producing the original grade notice.

(f) Once he gives his acceptance or declination of a job offer, his decision is final and the agency is not required to re-work any job offers already made.

17.14 Exemptions and Exceptions to Layoff Rules

(a) In a layoff, the agency may exempt from displacement a number of employees, the total of which does not exceed 20% of the number of positions selected for abolishment. These exemptions must be made for rational business reasons which may include employees who have

exceptional performance and/or 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. Exemptions and their reasons must be stated in the layoff plan.

(b) For rational business reasons, the appointing authority may request exceptions to these rules.

17.15 Written Layoff Plan for a Layoff Involving Permanent Employees

The layoff plan shall include, but not necessarily be limited to, the following:

1. The affected organizational unit. (Refer to Rule 1.21.1)

2. Reasons why the layoff is being proposed.

3. Any budgetary measures which may have been taken to help avoid the layoff.

4. Proposed effective date of the layoff.

5. The definition of commuting area used for this layoff. (Refer to Rule 1.9.01)

6. The displacement method to be used for this layoff. (Refer to Rule 17.22)

7. Percentage of pay reductions, if any, that will be applied in a budgetary layoff.

8. The parishes where the abolished positions are domiciled.

9. List the following for the abolished positions: a) Job titles and number of positions for each, and b) their career fields.

10. If any employees are in Career Field 9999, propose an appropriate expansion of their career field, with justification. If no expansion is proposed, explain why.

11. Exemptions made, if any, under Rule 17.14(a) and reasons for these.

12. Exceptions requested, if any, under Rule 17.14 (b), and reasons for these.

13. Names and pay of employees with unclassified authority under Rule 4.1(d)1 or 4.1(d)2.

14. Contracts either currently in effect or anticipated that may be causative or related to the layoff.

17.16 Freeze on Appointments to Layoff-Affected Jobs

(a) Period of Freeze; Positions Affected

Beginning the date the Director approves the layoff plan, no appointments shall be made in the affected department to job titles abolished in the layoff or to equivalent or lower jobs in those career fields and commuting areas, except that job offers made prior to this approval date may be honored. This freeze on appointments shall end upon the establishment of the Department Preferred Reemployment List.

(b) Exceptions to the Freeze Not Requiring Director's Approval

Exceptions to the appointment freeze not needing Director's approval include the following:

1. Reinstatement of an employee as the result of an appeal decision.

2. Internal demotion.

3. Restoration of a former employee returning from military duty in accordance with Rule 8.19.

4. Restricted appointments, job appointments, details to special duty, and use of temporary staffing service employees, none of which shall extend beyond three months after the effective date of layoff.

17.17 Special Provisions for Veterans in Layoffs

(a) A veteran who has been restored to duty under the provisions of Rule 8.19 and who thereafter competes in a layoff shall be granted prior service credit for the period of time served as a member of the armed forces of the United States on which the restoration was based.

(b) An employee being restored to duty under the provisions of Rule 8.19 shall not be required to compete with other employees in a layoff conducted to permit his restoration.

17.18 Domicile for Displacement Purposes

(a) The domicile for an employee shall be the parish in which he reports to work.

(b) Employees whose official domicile is "Statewide" shall, for the purpose of displacement offers, be considered domiciled in the parish in which they officially reside.

(c) Employees who live and work outside of Louisiana shall, for the purpose of displacement offers, be considered domiciled in the parish in which they have an official residence. If they have none, their domicile shall be at their department's central headquarters.

(d) Agencies may request a different domicile assignment in situations not addressed in this rule through the exception procedure in Rule 17.14(b).

17.19 Displacement Rights

(a) Employees with No Displacement Rights

The following employees have no displacement rights, and may be displaced in any order (neither group has any preference over the other):

1. Non-permanent employees

2. Permanent employees whose two most recent official performance evaluation ratings were “Needs Improvement” and/or “Poor” (a re-rating counts as one of the two most recent ratings). If displaced or laid off, these employees shall retain their review and appeal rights stated in Rules 10.13 and 10.14. If the review or appeal results in a rating change to "Meets Requirements" or higher after displacement offers have begun, the agency shall give the employee the offer, if any, he would have been given.

(b) Employees Who Have Displacement Rights

Displacement rights shall be granted to permanent employees whose two most recent official performance evaluation ratings include at least one rating of “Meets Requirements” or higher. A re-rating is counted as one of the two most recent ratings.

1. For purposes of this rule, a permanent employee with a rating of “Un-rated” shall be considered as having a rating of “Meets Requirements” for that rating period.

2. For purposes of this rule, an employee serving a probational period under the circumstances defined in Rule 8.10.1 shall be considered as having permanent status for layoff purposes [Rule 8.10.1(b)1], and shall have the displacement rights granted to permanent employees in this rule.

An employee shall NOT have the right to displace:

1. into a job with a higher pay range

2. into a job for which he does not meet the Civil Service minimum qualification requirements

3. outside of his organizational unit (defined in Rule 1.21.1)

4. outside of his career field, (defined in Rule 1.5.2), unless the appointing authority has chosen the option of offering vacancies and/or non-permanently filled positions outside the career field.

5. outside of his commuting area (defined in Rule 1.9.01)

6. under circumstances described in Rule 17.22(c)3, if the agency has chosen to use performance ratings in displacement offers

(d) Effect of Displacement on Employee Status

Employees who displace into another position shall retain permanent status, even if they displace a non-permanent employee who occupies an ongoing position such as one allocated in the department’s Table of Organization.

Exceptions to this are as follows:

1. If an employee with permanent status displaces into a position subject to Rule 8.10.1, he shall revert to probational status.

2. If an employee displaces out of a position subject to Rule 8.10.1, he shall revert to permanent status in the new position.

3. If an employee displaces laterally or downwardly into a position subject to Rule 8.10.1 from another such position, he shall be eligible for permanent status in the new position between the sixth and twenty-fourth month of the probational period which began prior to the change in position.

17.20 Factors Affecting Displacement Offers

(a) Vacancies are not required to be offered. Vacancies either in the employee's career field or outside the career field may be offered in lieu of filled positions as long as they are not lower than the highest offer to a filled position in the career field.

(b) Positions filled by non-permanent appointments outside the affected career field(s) are not required to be offered. Such positions may be offered in lieu of filled positions as long as they are not lower than the highest offer in the employee's career field.

(c) If a training series position is offered, it shall be offered at the highest level for which the employee meets the Civil Service minimum qualification requirements, as long as it is not higher than his current job.

(d) All offers shall be made with a minimum reduction in pay range.

(e) A part-time position shall be offered only if there is not a full-time position to offer. The appointing authority may request an exception to this provision.

(f) If the employee declines the offer or if there are no offers to make to him, he is subject to layoff.

17.21 Accommodation for Permanent Employees When No Displacement Offer Exists

When there is no ongoing position, such as one within the department’s Table of Organization which can be offered, the agency may end job and/or restricted appointments of employees who occupy temporary positions which are not ongoing, and may use the position(s) to re-hire, without a break in service, a permanent employee who was laid off. The rehired employee may be rehired in job or restricted appointment status. If used, this accommodation must be granted first to the most senior employee who is being laid off within the affected job.

17.22 Displacement Offers

(a) Employees whose performance ratings make them eligible for displacement offers shall be given offers according to length of service, with employees having the most state service being given first preference, regardless of the method chosen for displacement.

(b) An employee shall be given a job offer, if one is available, in accordance with subsection (c) of this rule. Within this offer, an employee(s) who has no displacement rights shall be displaced before a permanent employee with the least state service.

(c) The appointing authority shall choose from the following options for displacement. Any agency may use option 1 or 2 below. Only those agencies having 10% or less incidence of “Un-rated” ratings for the previous year ending June 30 may use option 3.

1. Offers When Layoff is Limited to Career Field

Subject to Rules 17.19 and 17.20, affected eligible employees shall be given the first available job offer of an ongoing position, such as one in the agency's Table of Organization, as listed below.

a. a position with the same job title

b. an equivalent position in the career field

c. the next lower position available in the career field

2. Offers When Layoff is NOT Limited to Career Field

If the appointing authority has chosen to offer vacancies and/or positions occupied by non-permanent employees outside the career field, then the employee shall have the choice of:

a. the first available offer in the career field as defined in subsection (c)1of this rule,

b. the highest available non-career field offer, as long as this offer is higher than the first available career-field offer.

3. Offers Incorporating Performance Ratings

When using this method of making displacement offers, the appointing authority shall use the method stated in either subsection (c)1 or (c)2 of this rule, subject to the following:

a. Employees with a current rating of "Meets Requirements" shall not be eligible to displace employees with a current rating of "Outstanding" or "Exceeds Requirements", regardless of length of state service.

b. Employees whose most recent rating is “Poor” or “Needs Improvement”, and whose previous rating was “Meets Requirements” or better, shall displace only those employees who have no displacement rights as stated in Rule 17.19(a).

17.23 Methods of Breaking Ties

In case of ties in displacement ranking, the following shall apply:

(a) Permanent employees who have veterans' preference as referred to in Rule 7.11 and whose length of state service and performance ratings are at least equal to those of other competing employees shall be retained in preference to all other competing employees.

(b) If subsection (a) of this rule does not apply, the remaining methods of breaking ties shall be: 1) based on the most recent performance ratings, 2) by length of service in the position, or 3) by length of service in the department. If none of these breaks the tie, the appointing authority may use any non-discriminatory method he chooses.