Section 10. Layoff and Re-Employment
10.1. Notice of Layoff
The department head will give at least thirty (30) days advance written notice to employees to be laid off unless a shorter period of time is authorized by the Human Resources Director.
10.2. Precedence by Employment Status
No permanent employee shall be laid off while employees in an extra help, temporary, provisional, or probationary status are retained in the same class unless that employee has been offered the extra help, temporary, or provisional appointment. The order of layoff among employees not having permanent status shall be according to the following categories:
A. Extra help or seasonal
Layoffs shall be by job classification 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:
A. The following shall count as County service:
1. Time spent on military leave,
2. Leave to accept temporary employment of less than one (1) year outside the County government, and
3. Leave to accept a position in the unclassified service.
B. Periods of time during which employees are required to be absent from their position due to an injury or disease for which they are entitled to and currently receiving Worker’s Compensation benefits shall be included in length of service in determining that employee’s seniority rights.
C. Time worked in an extra help status shall not count as County service.
D. Time worked in permanent, probationary, provisional, or temporary status shall count as County service. Part-time status shall count at the rate of one (1) year of continuous employment for each two thousand eighty 2080 straight-time hours worked.
If two (2) or more employees have the same seniority, the examination scores for their present classifications shall determine seniority.
A. Employees laid off may take a voluntary demotion within the same department to a classification in which the employee had prior probationary or permanent status provided such a position is held by an employee with less seniority.
B. Displaced employees 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 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 subsection 10.2.
C. Pursuant to the Civil Service Rules as revised, an employee may, with the approval of the Human Resources Director and the gaining department head, demote or transfer to a vacant position in the same department for which they possess the necessary skills and fitness.
D. At the sole discretion of the Human Resources Director, an employee may be allowed to transfer and displace a less senior employee in a position in the same department in which they 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.
E. In addition to all other options, employees in class at risk of being eliminated, as determined by the affected department head, may also be placed on the reinstatement list.
F. 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 ten percent (10.0%) higher.
G. Part time employees shall not displace full-time employees, unless the part-time employee has held full-time status in the class.
10.5 Names of Employees Laid Off to be Placed on Reemployment and General Eligible Lists
The names of employees laid off shall be placed on reemployment eligible lists as hereinafter specified. Former employees 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 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 the names of employees and former employees having 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 10.2. 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 classification shall consist of the names of current and former employees having 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 10.4 shall not apply to employees who have accepted severance pay upon termination of employment.
10.6 Abolition of Position
The provisions of this Section 10 shall apply when an occupied position is abolished resulting in a classified employee losing status in their assigned classification in their assigned department.
10.7 In the event that an employee’s position is abolished and they are unable to displace another County employee as provided in this Section 10, such employee shall receive reimbursement of one week of pay for each full year (2080 hours) of regular service to the County and fifty percent (50%) of the cash value of their unused sick leave; provided that they shall be eligible for reimbursement only if they remain in the service of the County until their services are no longer required by the department head. The County shall make every effort to secure comparable employment for the displaced employee in other agencies, and if such employment is secured, the employee will not be entitled to the aforementioned reimbursement.
10.8 The County will pay the County premium for six (6) months of medical coverage only for employees who are laid off. This coverage is contingent on the following conditions.
A. The employee has not refused a County job offer.
B. The employee is unemployed.
C. The employee continues to pay their share of the premium;
D. the coverage is for health only and does not cover dental or vision; and
E. Such coverage runs concurrently with COBRA and CalCOBRA.