SEIU 15: Layoff and Reemployment

15.1 Definition of Layoff
Any department head may, with the Board of Supervisors approval, layoff workers because of lack of work, lack of funds, reorganization, or otherwise when in the best interests of the County.

15.2 Notice of Layoff
The department head will give at least thirty (30) days advance written notice to workers to be laid off except in an emergency situation in which case the Human Resources Director may authorize a shorter period of time.

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

(1) Extra-Help or Seasonal

(2) Temporary

(3) Provisional

Probationary – among probationary workers in a classification, order of layoff shall be by reverse order of seniority as determined by total continuous County civil service, not continuous time in that probationary period. Workers in flexibly-staffed positions serving a second probationary period (at a higher level classification in the series) shall not be considered probationary for layoff purposes.
Seniority

Layoffs shall be by job class, by department 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:

  • Time spent on military leave, leave to accept temporary employment outside the County government and leave to accept a position in the unclassified service shall count as County service.
  • Periods of time during which a worker is required to be absent from his/her position by reason of an injury or disease for which he/she is entitled to and currently receiving Workers’ Compensation benefits shall be included in computing length of service for the purpose of determining that worker’s seniority rights.
  • Time worked in an extra-help status shall not count as County service.
  • 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 (2) or more workers have the same seniority, the examination scores for their present classification shall determine seniority.

15.4 Identification of Positions for Layoff
The classifications in a flexibly staffed series are treated as one classification for purposes of layoff.
When a classification has formal numbered options, each of which specifies separate hiring criteria, each option shall be treated as a separate classification for layoff purposes.
15.5 Procedures
A displaced worker will be transferred to any vacancy with equivalent FTE status in his/her classification in his/her home department.  If no vacancy with equivalent FTE status exists in the worker’s classification in the home department, a worker shall have the right to interview for any other vacancies, County-wide, in his/her classification, or other classifications for which he/she has bumping rights. Workers who choose this option shall have a list of all such vacancies provided by the County. The County will arrange for interviews for vacancies in which the worker is interested.
Workers who are notified they will be laid off shall have the choice to:
Take a voluntary demotion within the same department to any classification, at the worker’s discretion, in which the worker had prior probationary or permanent status provided such a position is held by a worker with less seniority.  On a departmental basis, displace the worker in the same classification having the least seniority in County service.
Displaced workers may request the Human Resources Director to place their name on the promotional eligible list or open eligible list for any classification for which, in the Director’s opinion, the worker is qualified. The worker’s name will be above the names of persons who have not been displaced, ranked in the order specified in subsection 15.3.
Pursuant to Rule XI, Sections 11 and 12 of the Civil Service Rules as revised, a worker may, with the approval of the Human Resources Director and the department head, demote or transfer to a vacant position for which he/she possesses the necessary skills and fitness.
A transfer, for layoff purposes, is defined as a change from one position to another in the same class or in another class, the salary range of which is not more than 10% higher.

Part-time workers shall not displace full-time workers, unless the part-time worker has held full-time status in the class.

In addition to all other options, workers in classes at risk of being eliminated, as determined by the affected department head, may also be placed on the reinstatement list.
15.6 Names of Workers Laid Off to be Placed on Reemployment and General Eligible Lists
The names of workers laid off shall be placed on reemployment eligible lists as hereinafter specified. Former workers appointed from a reemployment 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 workers 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 the names of workers and former workers with probationary or permanent status who were laid off or whose positions were reallocated downward as a result of reclassification. The rank order on such lists shall be determined by relative seniority as specified in Section 15.3. Such lists shall take precedence over all other eligible lists in making certifications to the department in which the worker worked.

The general reemployment eligible list for each class shall consist of the names of workers and former workers with probationary or permanent status who were laid off or whose positions were reallocated downward as a result of reclassification. 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 15.6 shall not apply to workers who have accepted severance pay upon termination of employment.

15.7 Abolition of Position
The provisions of this Section 15 shall apply when an occupied position is abolished.