Once a filled position is chosen for elimination, the employer must identify the impacted employee's layoff options.
The employer's layoff procedure or the Collective Bargaining Agreement (CBA) should already identify the layoff unit, the criteria for layoff options, and the time frames for selecting options. The employer should have already calculated the employment retention ratings for impacted non-represented employees.
The CBAs govern options for represented employees, and the Civil Service Rules govern options for non-represented employees.
Required Layoff Options
Permanent non-represented employees scheduled for layoff must be offered the option to take a position within the layoff unit that meets the following criteria:
- A position in the class in which the employee holds permanent status at the time of the layoff. If no such position is available, then:
- A position in a class in which the employee has held permanent status, and which has the same salary range. If no such position is available, then:
- A position in a lower class in a series where the employee has held permanent status in descending salary order. The employee does not have to have held permanent status in the lower class. If there are multiple options, the employer must choose the position with the highest salary. If a class in which the employee has held permanent status has been revised or abolished, the employer shall find the closest matching class to offer as a layoff option. The closest matching class must be at the same salary range maximum as the class from which the employee is being laid off, or have a lower salary range maximum.
- If there are questions regarding what constitutes a series or whether another class replaced an old one that no longer exists, contact your Office of the State Human Resources Director classification consultant who will assist you.
- The position must be comparable or less than comparable to the employee's current position, as defined by the employer's layoff procedure.
- The employee must meet the competencies and other position requirements.
- The position must be funded and vacant. If no vacant funded position is available, the position must be occupied by the employee with the lowest employment retention rating in the layoff unit.
If the employee still has no options, the employer must determine if there is an available position in the layoff unit. Qualifying positions must:
- Have the same salary range maximum as the class from which the employee is being laid off, or have a lower salary range maximum.
- Be vacant and less than comparable, or held by a probationary employee or an employee in a nonpermanent appointment.
- Be ones for which the employee meets the competencies and other position requirements.
If more than one qualifying position is available, the position with the highest salary range maximum must be offered.