CHAPTER 17

Layoff Avoidance Measures, Layoffs, and Post Layoff

Section 4 - Post Layoff

17.22 Reporting Requirement Following Layoff

The appointing authority shall report all personnel actions taken relative to the layoff to the Director within 15 calendar days from the effective date of the layoff. The report shall include information for each affected employee as required in the HR Handbook.

17.23 Department Preferred Reemployment List

(a) The Department Preferred Reemployment List created under this rule is a list of names of permanent employees who have been laid off or moved to a vacancy created as the result of a layoff . Employees on such a list shall be given preferential hiring rights for their department or agency, subject to the exceptions stated in this rule or approved as part of the Layoff Plan under Rule 17.3

(b) Only employees who have relocation rights according to Rule 17.18, and who have been laid off or moved to a vacancy created as the result of a layoff shall be eligible for this list. Eligibility shall be limited to:

1. the agency or department where the layoff occurred;

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

3. the same job title the employee held at the time of the layoff and

equivalent or lower-level jobs for which the employee qualifies in his career field. An employee who is moved as the result of a layoff shall be eligible only for jobs down to, but not including, those in the pay range to which he moved.

(c) Employees not eligible for this list include:

1. those who moved to a lateral position;

2. employees who declined a movement offer within their organizational unit, commuting area and career field;

3. those whose most recent official performance rating at the time of layoff was “needs improvement” or “Poor”;

4. non-permanent employees; and/or

5. 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. When a vacancy occurs, the eligible employee with the most state service shall be given the first offer. Those tied shall be considered as having the same ranking. Ties shall be decided by the appointing authority using any non-discriminatory method he chooses.

(e) An employee’s name will be removed for the applicable list(s) when:

1. He is offered reemployment from the Department Preferred Reemployment List to a permanent position. His name shall then be removed for that job as well as for all other equivalent or lower jobs, but shall remain on the list for higher jobs for which he is eligible.

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. He is dismissed or resigns to avoid dismissal after the layoff action. Exceptions may be made for employees who are reinstated.

5. The Director determines that he is not qualified, is not available, or upon investigation, he is found to be not suitable for appointment to the position.

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

(f) If the job held by the employee prior to the layoff undergoes a change in the minimum qualification requirements or title or pay range (including one that is changed upward) after 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, unless the lacking qualification is one required by law or under a recognized accreditation program.

17.24 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, subject to exceptions approved under Rule 17.3 and/or when the position is filled by:

1. reinstatement;

2. internal demotion; or

3. restoration of an employee returning from military service under Rule 23.15.

17.25 Temporary Appointments From the List

New restricted or job appointments shall 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.

17.26 Movement of Employees Following 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.