§ 3.30.112. Layoffs.

A.

Reasons for layoff. Layoffs may be necessary due to the following:

1.

Elimination of a position in the work force;

2.

End of a substitute appointment upon return of the incumbent when the substitute's transfer to another position has not been achieved;

3.

Failure of an employee to successfully complete the probationary period following promotion when the director determines that there is no other position available to which that employee may be demoted;

4.

Material change in the duties of the position for which the employee lacks the necessary skills, knowledge, certification, registration or aptitude; or

5.

The appointment of a relative to a position creation a circumstance governed by section 3.30.168C.

B.

Layoff procedure. No employee shall be laid off except upon at least two weeks' advance notice. An employee who is subject to layoff due to a reduction in force or material change in duties, as provided in subsection A.4 of this section, shall have the right to displace another employee only in accordance with the following conditions:

1.

Such displacement may occur only in the same agency as the position subject to layoff;

2.

The employee subject to layoff must have more seniority than the employee to be displaced;

3.

The employee subject to layoff must meet the qualifications for the position occupied by the employee to be displaced, as determined by the director;

4.

The displaced employee must hold a position in the same class as the employee subject to layoff;

5.

The displaced employee must hold a lower position in the same class series as the employee subject to layoff and that position must be one in which the employee subject to layoff has previously earned status; and

6.

The displaced employee must be the least senior employee meeting the conditions set out in this subsection.

The director shall offer an employee subject to layoff another vacant position at the same or lower pay range within the agency or any other agency which may be available, if the employee meets the minimum qualifications for that position as determined by the director.

C.

Eligibility for reemployment. A layoff of more than one year shall constitute a break in service for the purpose of a person's entitlement to preferential reemployment rights under section 3.30.064. Acceptance of an appointment, other than a temporary or provisional appointment, to a position subject to this chapter constitutes satisfaction of an employee's reemployment rights.

(AO No. 79-195; AO No. 86-207(S-1); AO No. 88-51; AO No. 99-82(S), § 1, 6-15-99)