General Circular No. 001423

To: Heads of State Agencies and Human Resource Directors

Subject: Proposed Rule Changes

Issue Date: January 29, 2001

 

The State Civil Service Commission will hold a public hearing on March 7, 2001, to consider the amendment of Civil Service Rules 1.9.01, 8.18, 11.5(a), and 17.3 and the adoption of Rule 11.34. The hearing will begin at 9:00 a.m. and will be held in the Commission Hearing Room, DOTD Annex Building, 1201 Capitol Access Road, Baton Rouge, Louisiana.

Consideration will be given to the following:

Amend Rule 1.9.01:

1.9.01    'Commuting Area' means that geographic area in which employees are subject to competition for a layoff. It shall encompass either: 1) the parish of the abolished position(s), or 2) an expanded area which will be defined by the agency and will consist of the parish of the abolished position(s) plus one or more parishes bordering the parish of the abolished position(s).      

EXPLANATION

This amendment would change the present definition of commuting area, which is the geographic area in which an employee can bump another employee in a layoff. The current definition includes the parish of an abolished position and all its bordering parishes. This amendment allows either of the two options listed above. Particularly in large layoffs, bumping offers can be involved and significantly lengthen the period needed to conduct the layoff. This option will allow simplification of the bumping process by permitting the agency to continue to use the current larger area, or a smaller one, at the option of the appointing authority.

Amend Rule 17.3 (a) and (b):

17.3     Exemptions and Exceptions to Layoff Avoidance and Layoff Rules
  1. In a layoff, an agency may exempt from displacement a number of employees, the total of which does not exceed 15% of the number of positions selected for abolishment. These exemptions must be made for rational business reasons which may include employees who have outstanding 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 reasons must be stated in the layoff plan.
  2. The Director may give interim approval to exceptions to these Rules. Such interim approvals are granted subject to ratification by the Commission at the next regularly scheduled meeting. The Director may, if he so desires, refer exceptions to the Commission for approval without giving interim approval.
  3. …

EXPLANATION

This amendment allows an agency to exempt from being bumped a number of employees, the total of which does not exceed 15% of the number of positions selected for abolishment, as long as a rational business reason(s) exists and this is stated in the layoff plan for each such employee. This provision allows flexibility for the agency to consider factors other than seniority for bumping. These are "exemptions," while any additional such requests to exempt individuals from bumping, as well as other types of exceptions to the regular layoff rules, are "exceptions" as noted in Subsection (b). Exemptions as noted in Subsection (a) do not have to be referred to the Civil Service Commission for approval.

 

Amend Rule 11.5(a):

11.5  Earning of Annual and Sick Leave.

(a) Annual and sick leave shall be earned by each full-time and each part-time employee who has a regular tour of duty, except that no employee shall earn annual or sick leave while serving on restricted appointment or while using leave from an agency leave pool as defined in Rule 11.34.

(b) …

(c) …

(d) …

EXPLANATION

This amendment would prohibit the earning of annual or sick leave while an employee is using paid leave from a departmental leave pool as proposed in Rule 11.34 below.

 

Adopt Rule 11.34:

11.34           Crisis Leave Pool

Subject to the provisions of Rule 11.5(a), a department may establish a policy to implement and administer a pool of shared annual leave which may be used by employees who cannot work due to a crisis situation and who have insufficient appropriate paid leave to cover the absence needed for the crisis situation. An employee using leave from a crisis leave pool shall receive leave in sufficient quantity to ensure his wage replacement is 75% of the pay he would receive in a regularly scheduled workweek. A department’s policy must have the approval of the Civil Service Commission prior to implementation. At minimum, policies must include the following conditions and elements:
    1. Classified employees must have attained permanent status to be eligible to donate or use leave from the leave pool.
    2. The department’s policy shall establish a cap on the amount of annual leave which may be donated by an individual employee. No cap shall exceed 240 hours per employee per calendar year.
    3. The department’s policy shall establish a reasonable balance of annual leave that donors are required to retain after the leave donation.
    4. The department’s policy shall establish a cap on the amount of leave which may be used by an individual employee. The cap shall not exceed 240 hours during one calendar year.
    5. The department’s policy shall establish and clearly define eligibility criteria and the crisis situations which will be covered.
    6. The department’s policy shall define a procedure for administering the leave pool.
    7. The department’s policy shall establish a prohibition against the use of coercion or pressure to donate leave.
    8. The department may establish other policy elements and conditions as deemed necessary. All additional elements and conditions shall be in compliance with Civil Service Rules.
    9. A department’s leave pool may be either: 1) a pool consisting of leave hours donated and used, or 2) a pool consisting of the dollar value of the leave donated and used.

EXPLANATION

This rule will allow the Civil Service Commission to approve departmental policies to establish and implement a pool of shared leave which will provide temporary and reduced wage replacement to an employee who has exhausted his/her leave and who is involved in a personal or family crisis which temporarily restricts the employee’s ability to report to work. The rule does not require any department to establish a leave pool. This rule is intended to allow agencies to provide "compassionate" leave which will cover an employee who is faced with a sudden illness or accident affecting himself or a family member, and which is temporary in nature. The rule is not intended to include a "crisis" which is purely financial in nature, nor is it intended to cover a crisis situation which will be long-term or permanent.

 

Amend Rule 8.18 and Adopt Rule 8.18(g)

8.18 Noncompetitive Reemployment Based on Prior State Service.

(a) Subject to the provisions of Subsections (d), (e) and (f) hereof and with the approval of the Director, a former permanent employee who has been separated from the classified service may, within ten years from separation, be noncompetitively reemployed in any job for which he is qualified and which has the same or lower entrance salary as the current minimum for the job in which he had permanent status. Further, if the job in which an employee or former employee held permanent status undergoes a change in title, other than an upward reallocation of the position after the employee separated from it, or undergoes a change in minimum qualification requirements, he shall not lose his reemployment eligibility for such position or lower position in the same job series, if such exists, except where the qualification lacking is one required by law or under a recognized accreditation program. In this case eligibility remains, even if the entrance pay has moved upward. Further, he shall be eligible to be reemployed in any other job at the same or lower current entrance pay as the job to which his position changed in title, provided he meets the minimum qualification requirements.

(b) …

(c) …

(d) …

(e) …

(f) …

(g) The former employee may be required to provide proof or evidence of his prior employment before being eligible for reemployment under this rule.

EXPLANATION

Current rules allow for the non-competitive reemployment of a former permanent-status employee within five (5) years of separation. This rule increases the limitation from five (5) years to ten (10) years. The addition of Subsection (g) would place employees on notice that they may be expected to provide proof or evidence of former employment, if needed, before being eligible to be rehired under this rule.

Persons interested in making comments relative to these proposals may do so at the public hearing or by writing to the Director of State Civil Service at Post Office Box 94111, Baton Rouge, Louisiana 70804-9111.

If any accommodations are needed, please notify us prior to this meeting.

Sincerely,

 

 

Allen H. Reynolds

Director