SECTION 3 - POST LAYOFF

 

17.24   Reporting Requirement after Layoff

 

The appointing authority shall report to the Director in writing within 15 calendar days from the effective date of the layoff, all personnel actions taken relative to the layoff.  This report shall indicate employees who were non-permanent status at the time of layoff as well as those whose two most recent official performance ratings (includes a re-rating) were "Needs Improvement" and/or "Poor."  The report shall include information for each affected employee as required in the HR Handbook.

 

17.25    Department Preferred Reemployment List

 

(a)     The Department Preferred Reemployment List is a list of names of permanent employees who have been laid off or demoted in lieu of layoff.  Employees on such a list shall be given preferential hiring rights for their department or agency subject only to the exceptions stated in Rule 17.26.   Such employees shall be appointed with permanent status, except for reemployment into a position which must be filled with a probational appointment under Rule 8.10.1.  Upon appointment from this list, the employee's pay shall be set in accordance with Rule 6.5.1.

 

(b)  Only employees who have displacement rights (and those in probational status as a result of Rule 8.10.1) who have been laid off or demoted in lieu of layoff shall be eligible for this list. Eligibility shall be limited to:

 

1.      The agency or department where the layoff action occurred.

2.      The employee's parish of domicile at the time of layoff and any other parishes he may list for availability.

3.      The same job title the employee held at the time of the layoff action and equivalent or lower level jobs for which the employee qualifies in his career field. However, an employee who demoted in lieu of layoff shall be eligible only for jobs down to but not including those in the pay range to which he demoted.

 

(c)  Employees not eligible for this list include the following:

 

1.      Those who displaced to a lateral position.

2.      Those whose two most recent official performance ratings at the time of  layoff were "Needs Improvement" and/or "Poor" (includes a re-rating).

3.      Non-permanent employees.  This does not include those employees in probational status as the result of Rule 8.10.1.

4.      Those who have retired from state service.

 

(d)   Employees shall be ranked in the order of length of state service they had at the time of the layoff.  The employee with the most state service for a given job and parish shall be given the first offer.  Those tied shall be considered as having the same ranking.

 

(e) An employee's name will be removed from the applicable list(s) when:

 

1.      He is offered reemployment to a permanent position from this list. His name shall then be removed for that job as well as for all others to equivalent or lower jobs, but shall remain on the list for higher jobs.

 

2.      He declines or fails to respond to an offer.  He shall then be removed for that job, equivalent jobs, and all lower jobs.

 

3.      He attains permanent classified status in any position in any department. His name shall then be removed from all such lists for equivalent and lower jobs.

 

4.      Those who were dismissed or resigned to avoid dismissal (except those who are reinstated) after the layoff action.

 

5.      It is removed by the Director when he determines that a person is not qualified, is not available, or, upon investigation, is not found suitable for appointment to the position.

 

6.      His name has been on the list for two (2) years from the effective date of the layoff.

 

(f)     If the employee's job has undergone a change in the minimum qualification requirements or title or pay range (including one that has changed upward) since the layoff, at the request of the employee, he may have his name placed on the list for the newly revised job title and equivalent and lower level jobs in his career field.  He shall not be required to meet the new qualifications if sufficient evidence is presented to the Director to show, as determined by the Director, that he is returning to a job having essentially the same duties he was performing when affected by the layoff.  The exception to this is if the lacking qualification is one required by law or under a recognized accreditation program.

 

17.26   Exceptions to Hiring from the List

 

If there is a department preferred reemployment list, the employee who is first on the list shall be hired first, except when a position is filled by: 1) reinstatement; 2) internal demotion; 3) restoration of an employee returning from military service under Rule 8.19; or 4) restricted or job appointment, use of a temporary staffing services employee, and details to special duty, none of which shall exceed three months beyond the effective date of layoff. 

 

17.27   Employees Offered Temporary Appointments from List Remain on List

 

Restricted or job appointments which exceed three (3) months past the effective date of layoff shall first be offered to the first person on the list.  If the person accepts or declines such a temporary appointment, his name shall remain on the list for permanent appointments.

 

17.28   Layoff Referral List of Those Actually Laid Off

 

The Department of Civil Service shall establish a Layoff Referral List of permanent employees actually laid off, i.e., separated from state service.  Agencies shall not be required to hire from this list, but may use the list as an aid for recruiting. Employees shall be placed on this list only for those job titles for which they are also on the Department Preferred Reemployment List and shall remain on this list for one year past the effective date of their layoff.  Placement on this list gives laid off employees no special rights or eligibilities beyond the regular noncompetitive reemployment eligibility stated in Rule 8.18.  The Department of Civil Service shall establish procedures to administer this list. 

 

17.29  Movement of Employees after Layoff

 

For rational business reasons, after a layoff an appointing authority may move an employee from one position to another position for which he qualifies in the same pay grade, as long as such movement does not circumvent the Department Preferred Reemployment List.