ARTICLE 10
LAYOFF
10.1 Layoff and Reemployment
a. Application
Whenever it is necessary because of a lack of work or
funds, or whenever it is advisable in the interest of
economy to reduce the number of permanent and/or
probationary employees (hereinafter known as
"employees") in any State agency, the State
may lay off employees pursuant to this Section.
b. Order of Layoff
Employees shall be laid off in order of seniority pursuant
to Government Code Sections 19997.2 through 19997.7 and
applicable State Personnel Board and Department of
Personnel Administration rules.
c. Notice
Employees compensated on a monthly basis shall be notified
30 calendar days in advance of the effective date of
layoff. Where notices are mailed, the 30 calendar day
time period will begin to run on date of mailing of the
notice. The State agrees to notify ACSA no later than 30
calendar days prior to the actual date of layoff.
d. Transfer or Demotion in Lieu of Layoff
The State may offer affected employees a transfer or a
demotion in lieu of layoff pursuant to Government Code
Sections 19997.8 through 19997.10 and applicable
Department of Personnel Administration rules.
If an employee refuses a transfer or demotion, the
employee shall be laid off.
e. Reemployment
In accordance with Government Code Sections 19997.11 and
19997.12, the State shall establish a reemployment list by
class for all employees who are laid off. Such lists
shall take precedence over all other types of employment
lists for the classes in which employees were laid off.
Employees shall be certified from department or
subdivisional reemployment lists in accordance with
Section 19056 of the Government Code.
f. State Service Credit for Layoff Purposes
In determining seniority scores, one point shall be
allowed for each qualifying monthly pay period of
full-time State service regardless of when such service
occurred. A pay period in which a full-time employee
works eleven or more days will be considered a qualifying
pay period except that when an absence from State service
resulting from a temporary or permanent separation for
more than eleven consecutive working days falls into two
consecutive qualifying pay periods, the second pay period
shall be disqualified.
g. Departments filling vacancies shall offer positions to
current employees facing layoff, demotion in lieu of
layoff or mandatory geographic transfer who meet the
minimum qualifications for the vacancy being filled
provided that the vacancy is equivalent in salary and
responsibility and in the same geographic area and
bargaining unit.
h. Any dispute regarding the interpretation or application of
any portion of this layoff provision shall be resolved
solely through the procedures established in Government
Code section 19997.14. The hearing officer's decision
shall be final and upon its issuance the Department of
Personnel Administration (DPA) shall adopt the hearing
officer's decision as its own. In the event that either
the employee(s) or appointing power seeks judicial review
of the decision pursuant to Government Code section
19815.8, DPA, in responding thereto, shall not be
precluded from making arguments of fact or law that are
contrary to those set forth in the decision.