Fla. Admin. Code Ann. R. 60L-33.004 - Layoff and Employee Transition

(1) Agencies may effect a layoff for a variety of reasons, including budget cuts, program reductions resulting from outsourcing or privatization efforts, or program phase-outs. Agencies shall accomplish a layoff in an orderly, systematic, and uniform manner in accordance with this rule.

(2) Each agency shall have a Department-approved workforce transition plan. The goal of the plan is to ensure that the agency makes reasonable efforts to provide a smooth transition for the career service employees adversely affected by the layoff. The plan shall identify the steps the agency will take during the layoff to advance this goal. The following steps shall be included in any plan, unless the plan justifies in writing why they are not included:

(a) Appoint a workforce transition team responsible for overseeing and administering the layoff.

(b) Develop a communications plan, designed to ensure open, honest, and frequent communication regarding staffing changes. Provide clear avenues for employees to seek and obtain information and assistance. Address necessary communications with the Department, the Department of Commerce, and unions.

(c) Assess the positions to be deleted and the mission and goals of the residual program (that is, the program area that will remain after the deletion of functions and positions). Identify the employees and programs or services that will be affected by the layoff. Identify the knowledge, skills, and abilities that employees will need to carry out the residual program.

(d) Assess employees.

1. If the layoff affects law enforcement or correctional officers, firefighters, or professional health care providers, develop procedures to establish the relative merit and fitness of these employees. Include a formula for uniform application within a competitive area, taking into consideration the type of appointment, the length of service, and the evaluation of the employee's performance within the last five years of employment. The Department may authorize selective competition within the competitive area, based upon specific qualifications deemed necessary for a position, if the duties and responsibilities requiring such qualifications are clearly reflected in the official position description on file with the agency.

2. If the layoff affects any other career service employee, develop assessment procedures on objective measures that include comparative merit, demonstrated skills, experience and length of service in the State Personnel System. In determining which employees to retain, consider which employees will best enable the agency to advance its mission; in this context, consider how each employee fares with respect to the following factors: commitment, cooperation, excellence, fairness, honesty/integrity, initiative, respect, and teamwork.

(3) A career service employee with permanent status in their current position facing layoff shall have an opportunity for first interview within any agency for a vacancy for which the employee is qualified and has applied.

(4) Before laying off a career service employee with permanent status in their current position, an agency shall provide the employee reasonable notice of the intended action. Where possible, the agency shall provide at least thirty days notice, and in all cases the agency shall provide at least ten days notice or, in lieu thereof, pay or a combination of notice and pay.

(5) The Department of Commerce through its existing programs shall make available placement assistance to affected agencies and employees.

(6) Agencies shall prepare and maintain a workforce transition spreadsheet of adversely affected employees and provide the spreadsheet to the Department and to the Department of Commerce to assist in the job placement of such employees.

(7) A layoff is not a disciplinary action therefore, it may not be appealed to the Public Employees Relations Commission.

Notes

Fla. Admin. Code Ann. R. 60L-33.004

Rulemaking Authority 110.1055, 110.201(1), 110.227(2) FS. Law Implemented 110.227 FS.

New 1-1-02, Amended 4-3-03, 1-20-09, 1-26-14.

New 1-1-02, Amended 4-3-03, 1-20-09, 1-26-14.