Layoffs
The Department of Personnel Administration provides consultation and oversight to State agencies required to reduce their work forces. Lack of work or funds or the interest of economy can prompt layoffs.
The law provides the State Personnel Board the authority to review DPA's decisions about the layoff process. DPA and SPB statutes and rules govern the layoff process.
In addition, some Memoranda of Understanding negotiated between DPA on behalf of the Governor and the exclusive representatives of bargaining units contain layoff-related provisions that supersede the statutes and rules. The agency should always research applicable MOUs before conducting a layoff.
DPA publishes a Layoff Manual to guide State agencies in conducting layoffs.
Questions and Answers from the February 6, 2008 Layoff - Staff Reduction Workshop
Basic Process
State agencies determine the need for layoffs and submit implementation plans to DPA for approval. These plans include
- classes of layoff,
- number of positions to be reduced,
- geographic areas in which positions will be reduced,
- number of employees that must be laid off by class and area, and
- area of layoff (statewide or limited to one or more specific geographic areas).
The plans also request
- seniority scores for employees in the classes of layoff and for employees in any classes to which employees may demote in-lieu-of being laid off, and
- that the employees in jeopardy of layoff be placed on State Restriction of Appointments (SROA) lists. Please refer to the SROA Manual.
Scope
The impact of a layoff is limited to the State agency that is conducting the layoff. In other words, if the Department of Corrections is conducting a layoff, employees in Corrections do not have the right to "bump" less senior employees in the Department of Food and Agriculture.
Order
Layoffs involving excluded (supervisory, managerial, and confidential) employees and rank-and-file employees in nearly all bargaining units are based on the employees' total State service. That is, the employees in a class slated for layoff who have worked for the State (in any class, for any agency) for the longest period of time are the last to be laid off.
DPA requests preliminary seniority scores from the State Controller's Office. DPA and the layoff agency make necessary adjustments for qualifying prior exempt and military service. They also may subtract points if necessary due to less-than-satisfactory performance.
Notice
An employee must be given at least a 30-day notice prior to the effective date of layoff. Most unions require at least a 60-day notice that layoffs will occur so they may start discussions to lessen the impact. The notice to an employee must include any options in lieu layoff, such as demotion or transfer.
Updated May 8, 2008 at 10:48 AM.
