Ala. Admin. Code r. 670-X-18-.01 - Layoffs

Current through Register Vol. 40, No. 6, March 31, 2022

(1) An appointing authority may lay off an employee whenever it is deemed necessary by reason of shortage of work or funds, or the abolition of a position or other material change in duties or organization. The order in which employees are to be laid off in the classified service shall be determined by the appointing authority in accordance with these rules.

(2) The appointing authority shall submit a plan for the layoff to the Director, where possible at least fifteen (15) working days in advance of the effective date, who shall review the plan to ensure that:

(a) A statement of the circumstances requiring the layoff is made.

(b) The plan includes the scope of the competitive area determined by the certification from which the affected employees were appointed, i.e., local, county, option, or statewide employment registers.

(3) The appointing authority shall certify to the Director that the layoff is not discreditable to the employee. Under no circumstances is a layoff to be used as a disciplinary action against an employee.

(4) Competition shall be among all employees holding positions of a particular class governed by the manner in which they were appointed. If the reduction in force is to apply to more than one class, each class shall be treated separately, except where reductions are to be made in a series of classes (e.g., ASA I, ASA II, ASA III).

(5) A permanent employee may displace another employee in the same classification by a process called bumping. When a position is being abolished, all departmental employees in the class can compete to determine which employee has the lowest score and should therefore be laid off. The person occupying the abolished position then has the opportunity of moving to the position occupied by the employee with the lower efficiency rating with the consent of the appointing authority.

(6) At the discretion of the appointing authority and with the approval of the Director, a permanent employee may also bump another employee in a lower class in the same series in which he formerly held status if such option is specified as part of the layoff plan. Seniority and performance appraisal scores attained in the higher class shall be included in the computation of the efficiency rating in the lower class. The Director shall make a determination about the relationship between classes for layoff purposes upon request of the appointing authority.

(7) Employees who are temporary, provisional, or probationary are considered to be nonstatus. Before permanent status employees in a job class are laid off or demoted, all nonstatus employees in the job class must be separated, except when retention is specified by law.

(8) A classified position may not be abolished if there is an individual or individuals employed by the agency outside the State Merit System performing similar duties. The non-merit employee will be separated prior to the merit employee being laid off; however, if the laid off employee is unwilling to accept the duties and conditions of the non-merit employee, this shall not apply.

(9) Employees who are conditional and the condition is affected by the layoff will be separated prior to the permanent merit employees in the same class. Employees who are conditional but the conditional reason is not affected by the layoff plan will comply with the normal layoff procedure.

(10) Efficiency ratings shall be based upon the total length of continuous service and the performance appraisals earned in the department in the class or class series affected by the layoff.

(a) Performance Appraisal Score - Average the last three performance appraisal ratings, or fewer if three are not recorded. An employee who has never received a performance appraisal and has received permanent status shall receive a score computed from the final probationary performance appraisal rating.

(b) Seniority Score - Seventy (70) points shall be allowed for completion of probation in the class. One-fourth (1/4) point shall be credited for each additional full month or major fraction thereof for continuous state service in the class or classes affected by the layoff. (Fifteen (15) days or more will be considered as one month.)

(c) Continuous State service for the purpose of layoff means employment in the class in the department affected by the layoff without a payroll break not covered by an approved leave of absence with or without pay provided, however, that an employee laid off shall not be considered to have a break in service when reemployed within two years.

(11) Efficiency ratings shall be computed by multiplying the sum of points for performance by sixty (60) percent and the sum of points for seniority by forty (40) percent and combining the sum of both factors. The efficiency ratings so computed shall constitute an employee's "efficiency rating" as that term is used in Code of Ala. 1975, § 36-26-15(b).

(12) The order of the layoff of permanent employees in each class shall be governed by the employees' respective efficiency ratings (computed in the manner just described) and veteran's preference. The layoff lists will be prepared by placing the employee with the highest efficiency rating at the top of the list, and the employee with the lowest efficiency rating at the bottom of the list. Layoff will be in inverse order beginning at the bottom of the list and the total number of positions in the class to be abolished will determine the number of employees to be laid off. Should two or more employees have the same efficiency rating, the order of layoff will be determined by giving preference for retention in the following sequence:

(a) A veteran shall have preference over a non veteran.

(b) The employee with the longest service in the class.

(c) The employee with the longest departmental service.

(d) In case of further ties, the Director shall make a determination consistent with these rules.

(13) Employees laid off will be placed on the layoff reemployment register for two years. Further, during this time period the department involved may not hire persons in the class from any register, or provisionally, as long as one available employee laid off by the department is on the layoff reemployment register for the class, provided, however, that a person who refuses an offer of reemployment shall forfeit such rights to subsequent placements. In addition to any rights currently provided to state employees, any permanent state employee who is laid off from a position under the State Merit System shall have priority for any other position in the same class filled from an open competitive register by an appointing authority in accordance with rules adopted by the Board.

(14) Any laid off person who is reemployed within the prescribed two year period from the layoff reemployment register shall not be required to serve a probationary period if reemployed in the department and the job class from which laid off.

(15) An employee who bumps to a lower class in the series as a result of layoff shall be reinstated to the former higher class with permanent status and at the pay step that the employee would have obtained had he remained in the class, as long as it is within the two year period and the appointing authority chooses to fill it. An employee who accepts a voluntary demotion in the department in lieu of a layoff and who, within two years, is promoted to the class from which the employee voluntarily demoted may be returned with permanent status to the pay step that the employee would have obtained had he remained in that class at the discretion of the appointing authority. Such promotion shall be considered a return to former status and does not entitle the employee to a promotional raise or a probationary raise.

(16) The appointing authority must give the employee(s) to be laid off written notice which includes reasons: i.e. shortage of work or funds, abolition of a position, or material change in duties or organizations. Reasonable advance notice should take into consideration the needs of the employee as well as the agency; however, where possible should be at least ten (10) working days. In addition, the appointing authority shall make all reasonable effort to provide the following information to each employee both orally and/or in writing:

(a) Benefits to which employees may be entitled, i.e., unemployment compensation procedure, employment rights, options available for health insurance, retirement.

(b) Efforts toward alternative jobs.

(17) The plan as adopted by the appointing authority shall be available upon written request for perusal by an employee or former employee adversely affected.

(18) An agency or appointing authority may enact a voluntary furlough plan for employees if the voluntary furlough plan is approved by the Department. Any furlough plan adopted by an agency or appointing authority shall be applicable to the entire agency affected and shall be voluntary at the sole discretion of the employee. The employee shall remain whole, including, but not limited to, his state retirement, state insurance, including, but not limited to, family coverage, other state benefits, leave, time of service, and status.

Notes

Ala. Admin. Code r. 670-X-18-.01

Filed September 29, 1981. Amended: Filed February 23, 1983; effective March 30, 1983. Amended by virtue of Legislative Act. No. 83-493; Amendment adopted April 21, 1993, effective June 15, 1993. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/24/2015.

Author:

Statutory Authority: Code of Ala. 1975, §§ 36-26-9, 36-26-26.