Utah Admin. Code R477-12-3 - Reduction in Force
Reductions in force (RIF) are governed by DHRM rules and standard operating procedures.
(1)
When management intends to reduce staff in one or more categories of work,
management shall develop a work force adjustment plan (WFAP). Management may
only give formal, written notification to a career service employee after a
WFAP has been reviewed by the DHRM Division Director or designee and approved
by the agency head or designee. The following items shall be addressed in the
WFAP:
(a) the categories of work to be
eliminated;
(b) specific measures
taken, if any, to facilitate the placement of affected employees through
reassignment or transfer to vacant positions the employee is qualified to
fill;
(c) job-related criteria as
identified in Subsection R477-12-3(3)(a) used for determining retention points;
and
(d) when more than one employee
is affected, employees shall be listed in order of retention
points.
(2) Management
may RIF a career service employee, including an employee covered by USERRA,
only when the employee has been identified in a WFAP and notified of the RIF in
accordance with Subsection (5).
(3)
Management shall calculate retention points when more than one employee is
affected within a category of work by giving appropriate consideration for
proficiency and seniority with proficiency being the primary factor.
(a) Management may consider performance
evaluations and performance information for the past three years when assessing
job proficiency.
(b) Management
shall calculate seniority as the length of the most recent continuous career
service which commenced in a career service position for which the probationary
period was successfully completed. Exempt service time after attaining career
service status with no break in service shall be counted for purposes of
seniority.
(c) In each WFAP,
management shall specify the criteria they will use for determining retention
points.
(i) Management shall consult with the
DHRM Division Director or designee.
(ii) WFAPs shall comply with current DHRM
standard operating procedures.
(4) Management shall separate employees in
the following order:
(a) first, temporary
employees in schedule IN or TL positions;
(b) second, probationary employees;
and
(c) third, career service
employees with the lowest retention points.
(5) When an employee, including one covered
under USERRA, is identified for separation due to a RIF, management shall
provide the employee written notification of:
(a) the pending RIF; and
(b) final written notification of separation
due to a RIF on the day of separation.
(6) Management shall notify a career service
employee separated due to a RIF that they may appeal to the agency head by
submitting a written notice of appeal within 20 working days after the date of
separation. When an employee submits such an appeal, the agency head shall
notify the employee that they may appeal the agency head's decision according
to the grievance procedures of the Career Service Review Office.
(7) A career service employee who is
separated in a RIF is governed by the rules in place at the time of
separation.
(8) When a career
service employee who is separated in a RIF applies for a career service
position, management shall give preferential consideration to the individual's
application score when developing the hiring list as outlined in DHRM standard
operating procedures until the individual accepts a career service
position.
(9) Management may allow
an individual rehired to a career service position to buy back any accumulated
annual and converted sick leave that was cashed out when the individual was
separated from employment through a RIF.
Notes
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