40.046:  Layoff and Position Abolishment for Classified Civil Service Employees

SUPERCEDED as of July 1, 2009

Current Version

Status:	Approved on March 31, 2003	Signatures and dates on archival copy
Effective:	when approved
Initiated by:	James E. Kemper Assistant Vice President for Administration for Human Resources
Reviewed by:	Herman ("Butch") Hill, Chair Policy and Procedure Review Committee
Endorsed by:	Gary North Vice President for Administration
Approved by:	Stephen Kopp Provost

Purpose

To provide a consistent policy and procedures for implementation of layoff or abolishment of positions of classified employees in the event it becomes necessary to reorganize for the efficient operation of the university; for reasons of economy; for lack of work or funds; or for the abolishment of positions, as described in the Ohio Administrative Code, section 123:1-41-01(A), that is expected to be permanent.

Policy

It is the policy of Ohio University to initiate any layoffs or position abolishments and any resulting displacement of employees in accordance with the provisions of Sections 124.321 to 124.328 of the Ohio Revised Code, and the corresponding applicable Rules of the Ohio Administrative Code (Chapter 123:1-41-01 to 123:1-41-22) shall be followed to the extent they are not amended by this policy.

Procedures

If it becomes necessary to abolish positions or to layoff employees, the following procedures will be followed:

I.  Abolishment of a Position

A position abolishment may occur as a result of a reorganization for the efficient operation of the University, for reasons of economy, or for lack of work which is expected to be permanent.

At least thirty (30) calendar days prior to the anticipated date of any position abolishment, the employing Department Head must notify University Human Resources, in writing, of the particulars of the position abolishment and the rationale. The Assistant Vice President for Human Resources shall determine the appropriateness of any position abolishment and the rationale.

II.  Layoff Due to Lack of Work or Lack of Funds

If the University Administration determines that a reduction in the work force is necessary due to a lack of funds or a lack of work, the Assistant Vice President for Human Resources shall determine the classification(s) in which layoffs will occur and the number of employees to be laid off within each classification.

The order of layoff, within each appointment category, will occur in accordance with Rule 123:1-41-07 of the Ohio Administrative Code.

III.  Transfer Rights

An employee, who is to be laid off as described in Sections 1 or 2 above, shall have the right to transfer to an available vacancy. This transfer may be to a same or similar position with no reduction in base pay, however in no case may it be a promotion. The employee's right to transfer shall operate prior to the displacement of any other employee, as defined in this policy, and prior to the posting process defined in Policy 40.044, "Transfer or Promotion for Classified Employees." Human Resources may temporarily assign an employee, at no loss of base pay, pending an appropriate vacancy within the University in order to avoid a layoff. If no vacancy exists, the employee retains the right to displace employee(s) with fewer retention points.

IV.  Retention Points

The calculation of retention points is based on the employee's current continuous service: the most recent hire date. Employees who change between less than full-time and full-time without lapse will be treated as one continuous employment.

Overtime is not considered for purposes of computation of retention points for continuous service.

Ohio Administrative Code 123:1-41-09 shall dictate procedures in the event of ties in the computation of retention points. All other provisions of 123:1-41-09 will apply.

Computation of retention points for continuous service shall be made in two steps:

1. Crediting each employee with a base of 100 retention points.

2. Crediting each employee with additional retention points for each bi-weekly period of continuous service in which the employee had active pay status:

   For those pay periods in which the employee had any full-time service, the credit is one (1.0) retention point per pay period. For those pay periods that had only other than full-time service, the credit is one-half (0.5) retention point per pay period.

For the purposes of calculating retention points, full-time service shall include services as a full-time permanent, full-time seasonal, full-time interim, or full-time temporary employee. For full-time seasonal, full-time interim, or full-time temporary service, credit will be given only for those pay periods in which the employee was scheduled to work. An employee in a full-time position at any time during a pay period is considered to be full-time for the entire pay period.

V.  Notice

At least fourteen (14) calendar days prior to the effective date of any position abolishment or layoff of employees, the Assistant Vice President for Human Resources shall prepare and post in a conspicuous place accessible to affected employees, a list containing the names, dates of appointment, types of appointment, status, classification and retention points of all employees in the affected classification series, and which specific positions are to be abolished or which employees will be laid off.

The Assistant Vice President for Human Resources shall notify each employee to be laid off, in writing, at least fourteen (14) calendar days (if by hand-delivery) or at least seventeen (17) calendar days (if by mail) prior to the effective date of layoff or layoff due to displacement. The content of such layoff notice will be in accordance with Rule 123:1-41-10 of the Ohio Administrative Code.

VI.  Recall and Reinstatement Rights

Employees who are laid off shall have recall and reinstatement rights for a period of one (1) calendar year from the date the employee was first laid off or displaced from his or her original classification. Recall and reinstatement of laid off employees shall be in accordance with Rules 123:1-41-16 through 123:1-41-19 of the Ohio Administrative Code.

VII.  Appeal

An employee may appeal a job abolishment, layoff, or a displacement which is a result of a layoff, to the State Personnel Board of Review within ten calendar (10) days after receipt of notice of job abolishment, layoff or displacement.

Reviewers

Proposed revisions of this policy should be reviewed by:

1. Policy and Procedure Review Committee

2. Classified Senate

Forms

There are no forms that are specific to this policy.

Dick Piccard revised this file (http://www.ohio.edu/policy/s40-046.html) on July 1, 2009.

Please E-mail any comments or suggestions to "policy@ohio.edu".