Layoff

Legal Authority

Government Code sections 19997-19997.14, 19816.2, 19837, and 19996.21, and Rule 599.845.

DPA Rule

An employee may be laid off by an appointing power when it is necessary because of lack of work or funds, or whenever it is advisable in the interest of economy to reduce staff of any agency. Subject to DPA laws, an employee may select a demotion in lieu of layoff or a transfer, depending upon calculated seniority scores.

An employee may appeal to DPA after receiving a notice of layoff on the grounds that the layoff, demotion in lieu of layoff, or transfer was not made in good faith or was otherwise improper.

Notice Required By Appointing Power

For employees compensated on a monthly basis, notice of the layoff and the reasons therefore must be given in writing 30 days prior to the layoff but not more than 60 days after the date of the seniority credit computation (Government Code section 19997.13).

The appointing power must prepare a rating report for professional, scientific, administrative, management, or executive class employees and provide those employees with a copy. It is called a Report of Current Performance. The appointing power must also inform the employee of his/her right to appeal the rating to DPA (Rule 599.845).

Time Limits

The appeal must be filed with DPA within 30 days of the notice of layoff, demotion in lieu of layoff, or transfer in lieu of layoff. The professional, scientific, administrative, management, or executive class employee may appeal the seniority credit computation to DPA within ten days of the receipt of the report (Rule 599.845). The ten-day rule may be extended to 30 days if good cause for delay is shown (Rule 599.904).

Type of Hearing

Full evidentiary hearing. The proposed decision of the ALJ is accepted or rejected by DPA. All cases from one appointing power may be consolidated for hearing.

Issues

DPA may reinstate the employee, with or without back pay, if the procedures set out in the statute and the rules were not followed, the layoff was not made in good faith, or it was otherwise improper. The employee bears the burden of proving one of the three grounds to invalidate the layoff.

Note: A good source regarding layoffs is the California Civil Service Layoff Manual, available on DPA's Web site.

Contract Variations

Unit 1 (SEIU) Professional, Administrative, Financial and Staff Services - Article 16.1

Unit 3 (SEIU) Professional Educators and Librarians - Article 16.1

Unit 4 (SEIU) Office and Allied - Article 16.1

Unit 11 (SEIU) Engineering and Scientific Technicians - Article 16.1

Unit 14 (SEIU) Printing and Allied Trades - Article 16.1

Unit 15 (SEIU) Allied Services - Article 16.1

Unit 16 (UAPD) Physicians, Dentists and Podiatrists - Article 15.1

Unit 17 (SEIU) Registered Nurses - Article 17.1

Unit 20 (SEIU) Medical and Social Services - Article 16.1

Unit 21 (SEIU) Education Consultants and Library - Article 16.1

Any dispute regarding the interpretation or application of any portion of this layoff provision shall be resolved solely through the grievance and arbitration procedure.

Unit 2 (CASE) Attorneys and Hearing Offices - Article 10.1

Unit 7 (CAUSE) Protective Services and Public Safety - Article 17.1

Unit 9 (PECG) Professional Engineers - Article 13.1

Unit 18 (CAPT) Psychiatric Technicians - Article 9.1

Unit 19 (AFSCME) Health and Social Services/Professional - Article 16.1

The hearing officer's decision shall be final; upon its issuance DPA shall adopt the hearing officer's decision as its own.

Updated October 31, 2007 at 11:45 AM.