Ohio University

40.046: Layoff and Position Abolishment for Classified Civil Service Employees

Status:

Approved for interim use in accordance with Policy 01.001

Effective:

June 1, 2020

Initiated by:

Colleen Bendl | Chief Human Resource Officer

Endorsed by:

Deborah J. Shaffer | Senior Vice President for Finance and Administration, CFO and Treasurer 

Approved by:

M. Duane Nellis | President

Signatures and dates on archival copy
  1. Overview

    Reductions in force for classified staff may occur any time during the year and may be based on lack of funds, lack of work, or abolishment of positions due to reorganization for efficient operation, reasons of economy, lack of work, or more than one of these reasons.

    A reduction in force does not include a reduction of an employee's hours worked per week or number of months worked per year that does not result in a change in current benefits eligibility, or participation in the Ohio shared work program or future program of similar nature.

  2. Process

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

    1. 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 that is expected to be permanent. Reducing a position from an original FTE of up to a 1.0 (or 40-hour per week standard condition) to as low as .75 FTE (or 30-hour per week standard condition) must be approved by university human resources but shall not constitute an abolishment. Similarly, reducing a position from an original FTE of up to a .74 (or 29-hour per week standard condition) to as low as a .5 FTE (or 20-hour per week standard condition) must be approved by university human resources but shall not constitute an abolishment.

    2. 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 chief human resource officer shall determine the classification(s) in which layoffs will occur and the number of employees to be laid off within each classification.

    3. Approval

      1. The employing unit must complete a request for reduction in work force form with supporting information and justification and submit it to university human resources at least thirty days in advance of the proposed date for implementing a reduction in force. The documentation must explicitly state the reasons for the reduction in force.

      2. An employing unit may not implement a reduction in force until approval is obtained from university human resources.

        Displacement rights
        Classified civil service employees holding seasonal or regular positions (but exempting those holding temporary, term, or intermittent positions) may have displacement rights, commonly referred to as “bumping,” under specific circumstances. Displacement generally means that a qualified classified employee whose position is abolished may fill a vacancy within their classification or displace the employee with the fewest retention points in the classification and work department of the position being abolished. Because displacement is extremely disruptive to the institution, employees whose positions are abolished are strongly encouraged to begin an internal job search as soon as they receive notification of the abolishment.

        Within 30 days from the date of official notification of abolishment, the affected employee will be assigned to a vacancy, exercise displacement or be laid off in accordance with this policy.

        1. If an eligible vacancy exists within the same classification campus-wide, then placement will occur within 30 days of the date of official notification of the abolishment. The affected employee must be able to perform the required duties of the job into which they would be placed. If they cannot perform the required functions of the position into which would have been placed, as determined by the Office of Human Resources, they will not have displacement rights.

        2. If no vacancy exists within the classification then displacement to a position within the work department and within the classification, if available, will occur no later than 30 days of the date of official notification of the abolishment. The affected employee must be able to perform the required duties of the job into which they would be placed. If they cannot perform the required functions of the position into which they would have been placed, as determined by the Office of Human Resources, they will not have displacement rights.
        3. If no vacancy or position exists within the work department and classification for which the employee has displacement rights, the employee will be laid off.
        4. Displaced employees shall be paid according to the target hiring range assigned to the job into which they will move; exceptions must be in accordance with Compensation guidelines.
        5. Full time employees may displace part time employees if such a position exists within the classification and work department if there are no full-time positions available. However, part-time employees may not displace a full-time position.
  3. Retention Points

    The calculation of retention points is based on the employee's current continuous service, which is from 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.

    Rule 123:1-41-09 of the Administrative Code shall dictate procedures in the event of ties in the computation of retention points.

    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.

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

    1. Crediting each employee with a base of one hundred 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:

      1. For those pay periods in which the employee had any full-time service, the credit is one retention point per pay period.

      2. For those pay periods that had only other than full-time service, the credit is one-half retention point per pay period.

        Tie breaker. In the event two or more employees have identical retention points as calculated by this rule, the tie shall be broken by utilizing the following methods, in the following order:

        First, employees having most recent date of continuous service from which no break in service has occurred shall be laid off or displaced first; and

        Second, the appointing authority shall determine the employee to be laid off or displaced first.

  4. Notice

    The chief human resource officer shall notify each employee to be laid off, in writing, at least fourteen calendar days (if by hand-delivery) or at least seventeen calendar days (if by mail) prior to the effective date of layoff or layoff due to displacement.

  5. Benefits

    1. Payment for accrued vacation will be made at the time of the layoff termination date.

    2. There is no payment for accrued sick leave at time of the payoff termination date.

    3. All insurance benefits will be continued until the layoff termination date. Employees may be eligible for the reduction in force benefit program set forth in policy 41.015. COBRA benefits will apply after the reduction in force layoff termination date if the salary and benefit continuation plan is not selected, and after the termination of benefits if the plan is selected.

    4. Classified employees (with the exception of those ineligible for reinstatement as outlined in Policy 40.045) may continue to apply for university positions as internal candidates for one year after the effective date of their reduction-in-force termination.

  6. Recall and reinstatement rights

    Employees who are laid off shall have recall and reinstatement rights for a period of one calendar year from the date the employee was first laid off or displaced from his or her original classification except in such instances outlined below. Recall lists will be maintained by University Human Resources specific to campus, classification, and employment status (part-time or full-time). When a vacancy(s) arise, they will be offered to individuals on the recall list in order of those with most retention points to the least. Full-time employees who displace into a part time role will be placed on the appropriate recall list.

    1. Exceptions:
      1. If an employee chooses to take severance, displacement rights cease and reinstatement will continue only as outlined in policy 40.045.
      2. Employees who did not achieve a rating of “effective” or higher on the most recent overall performance review ratings will not have displacement rights.
      3. If an employee declines placement into a vacancy or declines to displace into a position to which they are entitled, both their displacement and reinstatement rights cease immediately.
  7. Ohio Public Employees Retirement System

    For applicable purposes detailed in Chapter 145 of the Ohio Revised Code, Ohio University has specifically designated the below detailed employing units and employees shall be considered assigned to a specific employing unit for purposes of Ohio Revised Code Chapter 145.

    The employing unit heads shall provide oversight and administration on all matters related to the employment status of personnel assigned to a specific unit. The employing units at Ohio University are as follows:

    1. Office of the President
      1. Includes the Office of Legal Affairs, Advancement, University Communications and Marketing, Diversity and Inclusion, Intercollegiate Athletics and all other departments reporting directly to the President.
    2. Office of the Executive Vice President and Provost (EVPP)
      1. Includes all academic units and colleges, Regional Higher Education, Enrollment Management, Global Affairs and International Studies, Equity and Civil Rights Compliance, Research and Creative Activity and all other departments reporting directly to the EVPP.
    3. Office of the Senior Vice President of Finance and Administration (VPFA)
      1. Includes Human Resources, Finance, Facilities Management and Safety, Real Estate, Architecture Design and Construction, Ohio University Police, Transportation and Parking, Moving and Surplus, Airport Operations, Mail Services, Printing Services, Sustainability and all other administrative departments reporting directly to the VPFA.
    4. Office of the Vice President of Student Affairs
      1. Includes Housing and Residence Life, Auxiliaries, Career and Leadership Development, Dean of Students, and all other divisions reporting directly to the Vice President of Student Affairs.
  8. Appeal

    An employee may appeal a job abolishment, layoff, or a displacement that is a result of a layoff, to the state personnel board of review within ten calendar days after receipt of notice of job abolishment, layoff, or displacement.

Reviewers

Proposed revisions of this policy should be reviewed by:

  1. Classified Senate