STATE OF LOUISIANA
DEPARTMENT OF STATE CIVIL SERVICE
BATON ROUGE, LOUISIANA
General Circular No. 001629
To: Heads of State Agencies and Human Resource Directors
Subject: Leave, Furloughs and Layoffs related to Hurricanes Katrina and Rita – Employees whose whereabouts are known
Issue Date: September 30, 2005
General Circular 1624 issued on September 22, 2005 and General Circular 1625 issued on September 26, 2005 addressed the use of various leave types for Katrina related absences, the use of furloughs and layoffs, and notice requirements to remove from the agency payrolls those employees whose whereabouts remain unknown.
The information contained in this circular applies to
agencies and employees that were affected by either Hurricane Katrina or
Hurricane Rita.
This circular will address recommended options for agencies
to consider when dealing with employees whose whereabouts are known. These employees fall into one of three basic
groups.
(1) Employees who have made themselves available to return to work but there is no work currently available for them to do,
(2) Employees who have been called back to work but are unable to return due to circumstances beyond their control, and
(3) Employees who have been called back to work and who have refused to report even though no special circumstances exist.
Where an appointing authority continues to determine that, an act of God prevents employees from performing their duties or because of local conditions it is impracticable for employees in certain localities to return to work, special leave is applicable. [See Civil Service Rule 11.23(d) and 11.23(g).]
However, if an employee has been assigned but is unable to return to work and the conditions requiring the use of special leave no longer apply, the appointing authority may approve an employee’s request to use annual leave or leave without pay (LWOP).
Special leave is intended for situations of short duration. Obviously the State cannot afford to maintain employees on special leave indefinitely. Appointing authorities need to evaluate their own situations with regard to financial resources and work needing to be done. We offer the following guidelines to consider in addressing employment issues when there is no longer the need for employees to do certain work, or the financial resources are no longer available to sustain pre-hurricane staffing levels.
If “special leave” is no longer a viable option you may
1. Put employees back to work in your agency at some other location.
2. Assign employees to perform or facilitate emergency services for any agency or private entity at any location in or out of the state. No temporary interdepartmental transfer (TIDA) is needed as long as a state of emergency, declared by the Governor, exists. The state of emergency for Katrina currently extends through October 25, 2005. The state of emergency for Rita currently extends through October 20, 2005.
Note: Please check the Governor’s web site (www.gov.louisiana.gov). Click on “Executive Orders, Letters…” then scroll down to “Proclamations” to determine if any extension of these dates is approved.
3. Approve annual leave or leave without pay (LWOP) upon the employee’s request.
4. Furlough employees without pay in accordance with
Rule 17.8 or use other layoff avoidance measures [see Rule 17.1(b)].
The Civil Service Director can approve furlough plans up to 240 work hours (this includes holidays that fall in the furlough period – for full-time employees, this is 30 work days, or six 40-hour work weeks).
The Civil Service Commission can approve a furlough beyond 240 work hours, up to maximum of 450 work hours (this includes holidays that fall in the furlough period – for full-time employees, this is 56.25 work days, or 11.25 work weeks).
The next Commission meeting will be on November 2, 2005.
Questions
concerning benefits for employees while on furlough should be directed to the
benefit providers.
5. Conduct a layoff in accordance with Chapter 17 rules.
We recommend that any layoff
occur after an initial period of furlough; however, a layoff can take place
even if no furlough was done.
If the agency believes it
will be conducting a layoff, plans must be submitted and approved prior to the
end of the furlough period if the layoff is to immediately follow the furlough.
Please allow a minimum of four weeks
for layoff plans to be processed and approved; in many cases a six week period
may be needed.
6. If you do not know when or where you will be able to put employees back to work, place them on the DSCS Referral List for Displaced Employees (See General Circular Number 1626). This can be done simultaneously with other options.
SPECIAL
CIRCUMSTANCES
All options listed above may be used in cases where employees
have made themselves available to return to work, but there is no work
currently available for them to do at their pre-hurricane domicile. These options may also be used when you call
employees back to work, and they indicate that they are unable to return
because of special circumstances.
If
you contact an employee, direct the employee to return to work and if the
employee declines, ask the employee what his circumstances are.
In
exercising your discretion about how to deal with this type of situation, please
remember that the cause for the displacement of these employees was not
voluntary and in some cases (e.g., no available housing) they may have little
or no control over their present circumstances. Ask if it is the employee’s intent to resign his position. If the employee’s answer is “yes”, then
process this as an oral resignation and forward the paperwork to an appointing
authority for acceptance. (See Rule
12.11) Advise your supervisors to keep
good written notes about their contacts with employees.
If you call an employee back to work and the employee says he or she will not return to work, does not intend to resign, and expresses no special circumstances, there is cause for dismissal. If circumstances are require you to take such an action, have the supervisor:
The HR office should record the
call and present the recording to the appointing authority for consideration
(or if telephone recording is not feasible, summarize in writing the employee’s
response for the appointing authority). If the appointing authority elects to
go forward with the action, compliance with Chapter 12 of the rules is
required. We urge agencies to use this as a last resort.
We have attached a worksheet for supervisors to use as a guide and tool for documenting their conversations with employees.
Each
Assistance Coordinator is prepared to meet with agencies to discuss these
options and to help agencies prepare any needed layoff plans.
If you have any questions about this General Circular, please contact your Assistance Coordinator at 225-342-8274 or Fran.Williams@la.gov.
Please let us know if there is any way that we can assist you.
Sincerely,
s/Anne S. Soileau
Acting Director
1. Employee Name and Job Title ___________________________
2. Employee’s current location _____________________________
3. Date of Conversation with employee _______________________
4. Employee’s contact information (phone number, current mailing address, e-mail address, and for how long these will apply). _______________________________________________________________________________________________________________________________________________________________________________________________________________
5. Work assignment given to employee? YES NO
6. If employee was given a work assignment, indicate what work assignment was given, the location of the work assignment, and the date the employee was directed to report. ______________________________________________________________________________________________________________________________________________________________________________________________________
7. Did employee accept or refuse?
8. Does employee have any extenuating circumstances? If so, briefly describe these: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
9. Is the employee resigning his/her position?
· Yes ____
· Effective date of resignation: _____________________
________________________________________________________________
Acceptance of
resignation by appointing authority:
Date:____________Time:___________Signature:_______________________
________________________________________________________________
· No _____
· Select an option based on the special circumstances described.
10. If the employee expresses no special circumstances, say:
The agency is proposing to dismiss all employees who refuse to return to work and who have no special circumstances to justify their refusal. You have an opportunity to respond to this proposed action. You have until _______ [time] on ________ [date] to call the HR office at ______________________[phone number] to explain why you should not be dismissed.
If employee gives an immediate response, write it here:
________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
11. Did employee call HR office? __________When?_____________________
What was the employee’s response? ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
12. Date employee’s response was forwarded to appointing authority for consideration ____________________________________________________________