LEU MOU Section 15: Layoff and Reemployment

15.1     Notice of Layoff
The department head will give at least 14 days advance written notice to employees to be laid off unless a shorter period of time is authorized by the HRD Director.

 

15.2     Precedence by Employment Status
No permanent employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional or probationary status are retained in the same class unless that employee has been offered the extra help, seasonal, temporary or provisional appoint­ment.  The order of layoff among employees not having permanent status shall be according to the following categories:

  1.  Extra help or seasonal
  2.  Temporary
  3.  Provisional
  4.  Probationary

Layoffs shall be by job class according to reverse order of seniority as determined by total continuous County civil service, except as specified above.

 

The following provisions shall apply in computing total continuous service:

 

  1. Time spent on military leave, leaves to accept temporary employ­ment outside the County government and leave to accept a posi­tion in the unclassified service shall count as County service.
  2. Periods of time during which an employee is required to be absent from his/her position due to an injury or disease for which he/she is entitled to and currently receiving Worker’s Compensation benefits shall be included in computing length of service for purposes of determining seniority rights.
  3. Time worked as an extra help or seasonal shall not count as County service.
  4.  Time worked in a permanent, probationary, provisional or temporary status shall count as County service.  Part-time status shall count at the rate of one year of continuous employment for each 2080 straight-time hours worked.

 

If two or more employees have the same seniority, the examination scores for their present classes shall determine seniority.

 

15.3     Procedures

  1. Employees who are laid off may take a voluntary demotion within the Coroner’s Office or the Sheriff’s Office to a class in which the employee had prior probationary or permanent status provided such a position is held by an employee with less seniority.
  2. Displaced employees may request the HRD Director to place their name on the promotional eligible list or open eligible list for any class for which, in the Director’s opinion, the employee is qualified. The employee’s name will be above the names of persons who have not been dis­placed, ranked in the order specified in 15.2.
  3. Pursuant to the Civil Service Rules, an employee may with the approval of the HRD Director and the gaining department head demote or transfer to a vacant position for which he/she possesses the necessary skills and fitness.
  4. At the sole discretion of the HRD Director, an employee may be allowed to transfer and displace a less senior employee in a position in which he/she had prior probationary or permanent status and which the Director determines is equivalent with respect to duties and responsibilities to the position the employee presently occupies.
  5. A transfer is defined as a change from one position to another in the same class, the salary range of which is not more than 10.0% higher.
  6. Part-time employees shall not displace full-time employees, unless the part-time employee has held full-time status in the class.
  7. In addition to all other options, employees in classes at risk of being eliminated, as determined by the affected department head, may also be placed on the reinstatement list.

 

15.4     Names of Employees Laid Off to be Placed on Re‑employment and General Eligible Lists:
The names of employees laid off shall be placed on re‑employment eligible lists as hereinafter specified.  Former employees appointed from a re‑employment eligible list shall be restored all rights accrued prior to being laid off, such as sick leave, vacation credits and credit for years of service.  However, such reemployed employees shall not be eligible for benefits for which they received compensation at the time of, or subsequent to, the date they were laid off.

The departmental reemployment eligible list for each class shall consist of employees and former employees with probationary or permanent status who were laid off or whose positions were reclassified downward.  The rank order on such lists shall be determined by relative seniority as specified in section 15.2.  Such lists shall take precedence over all other eligible lists in making certifications to the department in which the employee worked.  The general reemployment eligible list for each class shall consist of employees and former employees with probationary or permanent status who were laid off or whose positions were reclassified downward.  The rank order on such lists shall be determined by relative seniority.  Such lists shall take precedence over all other eligible lists, except departmental reemployment eligible lists, in making certifications on a County-wide basis.

The provisions of this subsection 15.4 shall not apply to employees who have accepted severance pay upon termination of employment.

 

15.5     Abolition of Position
The provisions of Section 15 shall apply when an occupied position is abolished resulting in a classified employee losing status in his/her assigned class in his/her assigned department.