Iowa Code r. 681-3.104 - Terminations
(1)
Resignations.
a. To resign
in good standing employees must notify the employing department of their
intention to resign in writing at least 14 days prior to the effective date of
resignation, except in cases where the employing department agrees to a shorter
period of notice. Employees who resign will have no rights of appeal under
these rules.
b. Abandonment of
position. Employees who are absent from duty for three consecutive workdays
without proper notification and authorization thereof shall be deemed to have
resigned their positions.
This rule is intended to implement Iowa Code section 8A.413(15).
(2)
Termination on expiration of
appointment. On expiration of an appointment of limited duration the
employing department will report such action in writing to the resident
director.
(3)
Retirement. Employees who retire will be considered to have
terminated in good standing and without prejudice and will have no rights of
appeal under these rules.
(4)
Reduction in force.
a.
Nothing herein shall be construed as a guarantee of hours of work per day or
per work period. An institution may lay off an employee when it deems necessary
because of shortage of funds or work, a material change in duties,
reorganization or abolishment of one or more positions, or other legitimate
reason consistent with public employer rights (Iowa Code section
20.7).
b. Reduction in force will be accomplished in
a systematic manner in accordance with these rules; however, the layoff
provisions established in this subrule shall not apply to:
(1) Temporary layoffs of less than 25
workdays or 200 hours of work per calendar year;
(2) Interruptions in the employment of school
term employees during breaks in the academic year, during the summer, or during
other seasonal interruptions that are a condition of employment, with the prior
approval of the resident director;
(3) The promotion or reclassification of an
employee to a classification in the same or a higher pay grade;
(4) The reclassification of an employee's
position to a classification in a lower pay grade that results from the
correction of a classification error, the implementation of a classification or
series revision, changes in the duties of the position, or a reorganization
that does not result in fewer total positions in the unit that is
reorganized;
(5) A change in the
classification of an employee's position or the appointment of an employee to a
classification in a lower pay grade resulting from a demotion; and
(6) The transfer or reassignment of an
employee to another position in the same classification or to a classification
in the same pay grade.
c.
The individual whose position is eliminated or reduced in hours may be
reassigned to a vacant position in the same classification and institution
provided the individual possesses any required special qualifications for the
position. If there is no vacant position to which the individual can be
reassigned, the individual(s) may accept layoff with recall priority as
provided in 3.104(4)"o." If an individual(s) directly affected
does not accept layoff, the reduction in force procedures in this subrule shall
be implemented.
d. Reduction in
force will be made by classification.
e. Reduction in force may be made by
organizational unit within an institution or institutionwide, as designated by
the institution, provided such designation is reported to the merit system
director before the effective date of the reduction.
f. The order of reduction in force will be by
type of appointment as follows: temporary, trainee, initial probationary,
permanent.
g. Each permanent
employee affected by a reduction in force will be notified in writing of the
layoff and the reasons for it at least 28 days prior to the effective date of
the layoff unless budgetary limitations require a lesser period of
notice.
h. There will be
competition among all employees in the classification affected by the layoff
based on a retention points system of all employees in the classification
within the organizational unit or units affected. Retention points will be
calculated as follows:
(1) Length of service
credit will be allowed at the rate of one point for each month of service in a
permanent position, whether full or part time. Any period of 15 calendar days
of service (including any legally protected leave, paid or unpaid) in a month
will be considered a full month. For the purpose of computing length of service
credits, the institution will include all periods of regular merit employment
during periods of continuous regular appointments with the institution between
the date of the original appointment and the date of the layoff or as provided
otherwise by law. Periods of leave without pay exceeding 30 days will not be
counted unless protected by federal or state law.
(2) Performance evaluation deduction will be
allowed at the rate of one point for each month of unsatisfactory service. No
length of service credit will be allowed for service rated less than
satisfactory. If there is no record of performance evaluation for a specific
time period, it shall be presumed that the employee's performance is
satisfactory.
(3) Reduction in
force retention points will be the total of length of service, less any
deduction for unsatisfactory performance.
i. Employees will be placed on the layoff
list beginning with the employee with the greatest number of retention points
at top. Layoffs will be made from the list in reverse order unless the employee
with the least retention points has special skills and abilities required to
perform in the position currently occupied. Employees with greater retention
points who must vacate their positions must possess the special skills and
abilities required for that position and meet any job-related selective
certification required for that position. Copies of the computation of
retention points will be made available to affected employees. One copy will be
retained by the resident director and one copy will be forwarded to the merit
system director at least ten days prior to the effective date of the
layoff.
j. When two or more
employees have the same total of retention points, the order of termination
will be determined by giving preference for retention to the employee with the
longest time in the classification.
k. The reduction in force plan approved by
the merit system director will be made available by the resident director so
that employees directly impacted will have access to it.
l. An affected employee may appeal a
reduction in force by filing, within seven days after notification as provided
in 3.104(4)"g," a written grievance with the resident director
(at Step 3 of the grievance procedure provided in
681-3.129 (8A) or at a
comparable step of a procedure approved under 3.129(1)). If not satisfied with
the decision rendered at that step, the employee may pursue an appeal in
accordance with the grievance procedure.
m. A supervisory employee, defined as a
public employee who is not a member of a collective bargaining unit and who has
authority, in the interest of a public employer, to hire, transfer, suspend,
lay off, recall, promote, discharge, assign, reward, or discipline other public
employees, to direct such public employees, or to adjust the grievances of such
public employees, or to effectively recommend such action, may not replace or
bump a junior employee not being laid off. For purposes of this subrule,
"junior employee" means an employee with fewer retention points than a
supervisory employee.
n. A
permanent employee in a nonsupervisory classification in which layoffs are to
be effected may, in lieu of layoff, elect voluntary demotion to a position in
the next lower nonsupervisory classification in the same series utilized at the
institution or, in the absence of a lower nonsupervisory classification in the
same series, to a nonsupervisory classification which the employee has formerly
occupied while in the continuous employment of the institution. The employee
must possess any special qualifications required and have the ability to
perform the essential functions of the position. Such demotion or the occupying
of a formerly held nonsupervisory classification will not be permitted if the
result thereof would be to cause the layoff of a permanent employee with a
greater total of retention points. To exercise the right of voluntary demotion
or to occupy a formerly held nonsupervisory classification in lieu of layoff,
the employee must notify the resident director in writing of such election not
later than five calendar days after receiving notice of layoff. Any permanent
employee displaced under these provisions will have the right of election as
provided herein.
o. Employees who
are laid off or who accept voluntary demotion in a series or assignment to a
previously held classification in lieu of layoff may, at their request,
initiate recall priority for the classification from which they were laid off,
a lower classification(s) in the same series from which they were laid off, and
a classification(s) formerly occupied in accordance with
681-3.67 (8A),
681-3.68 (8A), and
681-3.70 (8A) for a period of up
to one year from the date of layoff. If recall occurs within one year of
separation due to reduction in force, prior service credit shall be restored.
Acceptance of recall in a lower classification in the same series from which
the employee was laid off or in a previously held classification will not
affect the employee's recall priority for the classification from which the
employee was laid off.
p. Recall
priority will utilize the retention points calculated in accordance with the
rules for reduction in force, beginning with the person with the highest number
of points as applied in the following order:
(1) If the vacancy occurs in a layoff unit in
which the employees eligible for recall in a classification were last employed,
the resident director will refer the employee with the greatest number of
retention points who was laid off, was demoted or took a medically related
disability leave from that layoff unit; or
(2) If the vacancy occurs in the layoff unit
other than the one in which employees eligible for recall priority in a
classification were last employed, the resident director will refer the
employee with the greatest number of retention points on the list from a
different layoff unit. Employees referred with recall priority must meet the
qualifications for the position, including any special qualification
requirements. Employing departments must evaluate any eligible employees with
recall priority before considering other applicants.
q. Recall priority will end upon:
(1) Appointment to fill a permanent position
in the classification.
(2) Receipt
of notification from the individual that the individual no longer desires
consideration for a position in the classification.
(3) Failure to respond within five days to
the written inquiry of the resident director or the resident director's
designee relative to availability for appointment.
(4) Failure to appear for a scheduled
interview or to report for duty within a reasonable time specified by the
employing department.
(5) Rejection
of a specific offer to return to a classification.
(6) Failure to maintain contact information
with the resident director.
(7)
Expiration of priority after one year following reduction in force or notice of
intent to return from leave.
(5)
Termination for failure to meet
job requirements. When an employee occupies a position where the
current appointment is based upon satisfaction of a criminal background check;
requirements for licensure; job qualifications, including special
qualifications; or any combination of the above, and no longer qualifies for
the position, the employee may be terminated for failure to meet or maintain
essential job requirements.
Notes
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