2 AAC 07.405 - Layoff
(a) An appointing authority may lay off an
employee in the classified service if the employee holds a substitute
appointment, if a position is abolished, if there is a shortage of work or
money, or for other reasons outside the employee's control. A layoff does not
reflect discredit on the service of the employee. The name of a laid-off former
employee must be placed on the appropriate layoff list and may remain on it for
a period of up to three years. The name of a laid-off former employee may be
removed from the layoff list for any reason that an applicant would be
disqualified. If an employee resigns or retires, the laid-off former employee
is considered to have separated without prejudice at the time of
layoff.
(b) A permanent or
probationary employee in the classified service may not be laid off while
emergency, provisional, or nonpermanent employees are serving in the same class
in the same location and the same department or organizational unit, or serving
in other classes performing work to which the permanent or probationary
employee could reasonably be assigned. If a permanent or probationary employee
is reassigned to the emergency, provisional, or nonpermanent work, that
employee shall be paid at the salary range assigned to the new position. Step
placement shall be based on the rules outlined in
2
AAC 07.330,
2
AAC 07.340, or
2
AAC 07.345, as applicable.
(c) The order of layoff must be based upon
performance evaluations and seniority under provisions established by the
director.
(d) The appointing
authority may allow an employee to volunteer for layoff before an employee
whose name appears higher in the order of layoff.
(e) The appointing authority shall give a
permanent or probationary employee at least two weeks' notice before the
employee is laid off. The notice must be written and must state the reason for
the layoff. The appointing authority shall provide the director with a copy of
the notice.
(f) The names of
permanent or probationary employees who are voluntarily demoted instead of
being laid-off must be placed on the appropriate layoff list for the class from
which demoted and remain on it for a period of up to three years or until
appointed to a position at or above the salary range from which demoted,
whichever comes first. The name of a laid-off former employee may be removed
for any reason provided in
2
AAC 07.112.
Notes
Even though the amendment of 2 AAC 07.405 was effective 7/22/2004, it was not published until Register 175, Oct. 2005.
Authority:AS 39.25.070
AS 39.25.140
AS 39.25.150
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