CHAPTER 17
Layoff Avoidance Measures, Layoffs, and Post Layoff
Section 2 - Layoff
Avoidance Measures
17.5
Required
Notice to Employees
(a) The appointing authority shall, as soon
as it is 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 are affected.
17.6 Merit Increases
When an appointing authority determines
that it is necessary not to grant or to reduce merit increases in order to
avoid or reduce layoffs, his request is subject to the following:
(a) 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 the geographic area(s)
affected.
(b) The duration of this measure shall not
exceed one period of 12 consecutive months.
(c) Employees whose merit increases are
affected by this measure shall retain their eligibility for such increases for
a three-year period. Such eligibility
shall be lost if during that period the employee receives an official rating of
“poor” or “needs improvement.”
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) The request shall include the reasons
for the reduction, the names and job titles of any employees to be excluded and
reasons for the exclusion, the number of work hours reduced for each employee,
the proposed effective dates and periods of time involved, the organizational
unit, and the geographic area(s) affected.
(b) Such
reductions shall not exceed one period of 12 consecutive months.
(c) The number of work hours reduced for an employee shall not exceed 16 hours per biweekly payroll period.
(d) If an employee is required to work hours
in excess of his assigned reduced schedule, s/he shall be granted compensatory
time at the straight rate for the difference in hours between the previous
schedule and the reduced schedule. Any
additional overtime hours worked by non-exempt employees shall be compensated
in accordance with the Fair Labor Standards Act and Chapter 21 of these
rules. Any additional overtime hours
worked by exempt employees may be compensated in accordance with Rule 21.9.
(e) Employees who are on a reduced work
schedule shall earn and be granted leave in accordance with Chapter 11 of these
rules.
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) The request shall include the 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. The appointing
authority 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 consecutive 12-month period without
approval of the Commission.
(c) With the approval of the Commission, an employee
may be furloughed up to a total of 450 work hours in a consecutive 12-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, unless the position requires specific licensure or certification, or an
exception has been granted under Rule 17.3.
17.9 To avoid or reduce layoffs, an appointing
authority may request authority to offer employees who are eligible for regular
retirement, an incentive to retire in the form of a one-time, lump-sum
payment. The request shall be subject to
the following:
(a) No employee may receive a payment that
exceeds 50% of the savings realized by the agency in the fiscal year as a
result of that employee’s retirement; and
(b) No such payment shall be made prior to
the effective date of the employee’s separation.
17.10 Required Annual Leave During
Closures
This measure does not require submission
of a plan or prior approval of the Director or Commission. A department or agency may require employees
to use up to a maximum of ten days of annual leave per calendar year, when the
efficiency of operations dictate a temporary closure. Employees who have less than 240 hours of
annual leave may be required to take annual leave under this provision. Employees who have exhausted all annual leave
shall be placed on leave without pay, for no more than ten days per calendar
year.