This information primarily applies to non-represented employees. Employers should consult the Collective Bargaining Agreements and the Labor Relations Office for specific questions concerning represented employees.
Layoff is not a disciplinary action. Layoff actions are caused specifically by:
Examples of layoff actions due to lack of work may include, but are not limited to:
Management determines which positions will be selected for layoff.
An employer may temporarily lay off an employee by:
An employee who accepts a demotion in lieu of layoff, or accepts a layoff option to a position with a lower salary range, will generally receive his or her current salary. However, if the previous salary exceeds the new position's salary range, the salary will be set to the top of the new position's range. The employee's salary may be set higher than the top of the salary range if allowed by the employer's salary determination policy.
The employment retention rating is the basis for determining layoff options for non-represented employees.
Competencies are the measurable and observable knowledge, skills, abilities, and behaviors critical to an employee's success in a key job role or function.
Operationally, the CBA term 'skills and abilities' is equivalent to 'knowledge, skills, and abilities' as defined in Washington State's Competency Model. Competencies also include behaviors, but most organizations will likely focus on knowledge, skills, and abilities when determining layoff options. Some CBAs specifically define 'skills and abilities' for layoff as documented criteria found in:
Consult the specific CBA for more information.
Washington State's Civil Service Rules to not require establishment of competencies prior to a layoff. However, some collective bargaining agreements require that skills and abilities be identified at least three months in advance of a layoff. Employers should establish required competencies in advance of a layoff to avoid suspicion and complaints. If an employer must clarify competencies at the time of layoff, consulting an attorney is advised.
Employers may require a state application, resume, employee profile, or other information from candidates to determine if they meet position requirements.
If the employer maintains its own internal layoff list, the employee must submit an application directly to the employer. To join the General Government Statewide Layoff List, the employee must submit an application to the Department of Enterprise Services.
Employees interested in being placed on higher education’s statewide layoff lists must apply directly at the institutions. Similarly, higher education employees need to apply separately to general government’s statewide layoff list.
Two years from the effective date of the qualifying action.
Yes, as long as they meet the competencies and other position requirements, and are not under a collective bargaining agreement that says otherwise. Employers may also choose to certify internal promotional candidates along with their internal layoff candidates. If so, this should be addressed in their layoff procedure.
An employee may voluntarily separate a maximum of three times.
Seniority and position requirements, including competencies, are the two main factors to consider in determining layoff options for employees. To also consider performance, employers must receive Performance Management Confirmation (PMC) from the State Human Resources Director.
The laid off employee’s position determines the bumping options. If it is within a bargaining unit, bumping options will be governed by the collective bargaining agreement. If it is not part of a bargaining unit, bumping options will be governed by Civil Service Rules.
Employers may require that employees hired as a layoff option or from a layoff list serve a six-month transition review period
Employees subject to a layoff may also be placed on one or more layoff lists.