4.2808 Layoff -Reduction-in-force.
(a) When there is an impending layoff because of lack of funds, curtailment of work, or reorganization, the department head shall notify the Executive Director and the affected employee(s) in writing as soon as possible but at least 60 days in advance of the layoff unless cutoff of funds requires a shorter notice period, in which case such requirement must be stated in writing.
(b) The provision of this section concerning placement rights are applicable to career service employees whose positions are to be abolished and to a career service employee who will be displaced by another career service employee. The provisions of this section also apply to a career service employee who is displaced by a career service employee returning from military du ty, furlough, or leave.
(c) The Executive Director shall exhaust all possibilities in placing the employee within the agency before a reduction-in-force is effectuated.
(1) When there is no appropriate vacant position in which the career service employee may be placed, the agency shall follow the order below in determining which employee shall be displaced:
(A) A noncareer service employee in the same class and pay range. When there is more than one such employee, layoff will be, first, of:
(1) An employee serving under emergency or temporary appointment; (II) An employee serving a probational appointment; (III) A career service employee who occupies a position in the same class and grade and has the least seniority based on the service computation date;
(B) A noncareer service employee who occupies a position in another class at the same pay range, in accordance with divisions (A) (I), (II), and (III) of this subsection, provided the displacing employee meets the minimum qualifications for such position;
(C) A noncareer status employee who occupies a position in the same series, but a lower class and pay range in accordance with divisions (A) (I), (II), and (III) of this subsection;
(D) A noncareer status employee who occupies a position in a different series and lower class for which the displacing employee meets minimum qualifications in accordance with divisions (A) (I), (II), and (III) of this subsection.
(d) If the Executive Director is unable to place the employee, he or she shall immediately notify the director of the Office of Manpower Resources, who will place the employee on ASG’s reemployment register, and effect territory-wide RIF procedures. The Executive Director will issue the two-week notice of termination and place the employee on ASPA’s reemployment register.History: Rule 11-84, eff 19 Dec 84, (part).