12.1 Notice of Layoff
The department head will give at least fourteen (14) days advance written notice to unit members to be laid off, except in an emergency situation in which case the Human Resources Department Director may authorize a shorter period of time.
12.2 Precedence by Employment Status
No permanent unit member shall be laid off while employees working in an extra help, temporary, provisional or probationary status are retained in the same classification unless that unit member has been offered the extra help, temporary or provisional appointment. The order of layoff among unit members not having permanent status shall be according to the following categories:
- 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:
- The following shall count as County service:
- Time spent on military leave,
- Leave to accept temporary employment of less than one (1) year outside the County government, and
- Leave to accept a position in the unclassified service.
- Periods of time during which a unit member is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Workers’ Compensation benefits shall be included in computing length of service for the purpose of determining that unit member’s seniority rights.
- Time worked in an extra help or seasonal 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 (1) year of continuous employment for each two thousand eighty (2080) straight-time hours worked.
If two (2) or more unit members have the same seniority, the examination score for their present classifications shall determine seniority.
- Unit members who are laid off shall have the following choices:
- Displace the unit member in the same classification within the same division, having the least seniority in County service, if there is no vacant position.
- Take a voluntary demotion to a classification in the same division in which the unit member had prior probationary or permanent status provided such a position is held by a unit member with less seniority.
- A displaced unit member may request the Human Resources Department Director to place the unit member’s name on the promotional eligible list or open eligible list for any classification for which, in the Human Resources Department Director’s opinion, the unit member is qualified. The unit member’s name will be above the names of persons who have not been displaced, ranked in the order specified in subsection 11.2.
- Pursuant to the Civil Service Rules as revised, a unit member may, with the approval of the Human Resources Department Director and the gaining department head, demote or transfer to a vacant position for which they possess the necessary skills and fitness.
- At the sole discretion of the Human Resources Department Director, a unit member may be allowed to transfer and displace a less senior unit member in a position in which they had prior probationary or permanent status and which the Human Resources Department Director determines is equivalent with respect to duties and responsibilities to the position the unit member presently occupies.
- In addition to all other options, unit members in classifications at risk of being eliminated, as determined by the affected department head, may also be placed on the reinstatement list.
A transfer, for layoff purposes, is defined as a change from one position to another in the same classification, the salary range of which is not more than ten percent (10%) higher.
Part-time unit members shall not displace full-time unit members, unless the part-time unit member has held full-time status in the classification.
12.4 Names of Unit members Laid Off to be Placed on Reemployment and General Eligible Lists
The names of unit members laid off shall be placed on reemployment eligible lists as hereinafter specified. Former unit members 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 unit members 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 classification shall consist of the names of unit members and former unit members having probationary or permanent status, and 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 subsection 11.2. Such lists shall take precedence over all other eligible lists in making certifications to the department in which the unit member worked.
The general reemployment eligible list for each classification shall consist of the names of unit members and former unit members having probationary or permanent status, and 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 12.4 shall not apply to unit members who have accepted severance pay as defined in Section 12.5 of this MOU entitled “Abolition of Position/Severance Pay” upon termination of employment.
12.5 Abolition of Position/Severance Pay
In the event that a unit member’s position is abolished and such unit member is unable to displace another County unit member as provided in this Section 11, such unit member shall receive 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 such unit member’s unused sick leave; provided, however, that such unit member shall be eligible for payment only if the unit member remains 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 unit member in other agencies, and if such employment is secured, the unit member will not be entitled to the aforementioned payment, which will be paid after the member’s County employment ends.
- Medical Coverage After Layoff
The County will pay the County share of premium for nine (9) months of medical coverage only for employees who are laid off. This coverage is contingent on the following conditions:
- The employee has not refused a County job offer.
- The employee is unemployed.
- The employee continues to pay their share of the premium.
- Education Stipend
If a worker is laid off and not reemployed by the County through a transfer, demotion, or displacement of another employee, the County will pay up to four thousand dollars ($4,000) for tuition or fees in payment of accredited courses or training taken within twelve (12) months of layoff, and taken for the purpose of finding new employment. The administration of this new benefit will be determined by mutual agreement between the County and the Union.
- Dental Clinic Call-Off
Department protocol requires that a Dental Assistant must be present for a Dentist to work. If the regular Dental Assistant is scheduled off, all efforts will be made to assign an Extra Help Dental Assistant to cover the clinic. If there is no Extra Help Dental Assistant available, the regular Dentist is given the opportunity to work in another clinic where an Extra Help Dentist is working. If there is no Extra Help Dentist working, the least senior regular Dentist will be called off. If the Dentist elects not to work at another location and this meets operational needs, they must use (within accrual balances) earned vacation, holiday or comp time, or, if no paid time off is available, unpaid leave of absence.