40.046: Layoff and Position Abolishment for Classified Civil Service Employees
|Status:||Re-formatted March 6, 2015|
Approved on July 1, 2009
|Signatures and dates
on archival copy
|Effective:||30 days after approval||
|Initiated by:||Luis E. Lewin|
Chief Human Resource Officer
The Ohio University
Executive Vice President and Provost
|Approved by:||Roderick J. McDavis|
Date of Approval
Following Last Full Review:
|July 1, 2009||
- A. 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.
Ohio university will 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 Revised Code, and rules 123:1-41-01 to 123:1-41-22 of the Administrative Code shall be followed to the extent they are not amended by this policy.
- B. 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.
- 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.
The order of layoff, within each appointment category, will occur in accordance with rule 123:1-41-07 of the Administrative Code.
- 3. Approval
- 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.
- The employing unit should review and reduce temporary staff prior to any reduction of permanent classified staff.
- An employing unit may not implement a reduction in force until approval is obtained from university human resources.
- C. Transfer rights
An employee, who is to be laid off as described in paragraph (B)(1) or (B)(2) of this rule, 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 calculation of retention points and prior to the displacement of any other employee, as defined in this policy, and prior to the posting process defined in policy 40.044. 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.
- D. 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. All other provisions of rule 123:1-41-09 of the Administrative Code will apply.
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:
- Crediting each employee with a base of one hundred retention points.
- 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 retention point per pay period.
- For those pay periods that had only other than full-time service, the credit is one-half retention point per pay period.
- E. Notice
At least fourteen calendar days prior to the effective date of any position abolishment or layoff of employees, the chief human resource officer 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 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. The content of such layoff notice will be in accordance with rule 123:1-41-10 of the Administrative Code.
- F. Benefits
- Payment for accrued vacation will be made at the time of the layoff termination date.
- There is no payment for accrued sick leave at time of the layoff termination date.
- 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.
- Classified employees may continue to apply for university positions as internal candidates for one year after the effective date of their reduction-in-force termination.
- G. 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. Recall and reinstatement of laid off employees shall be in accordance with rules 123:1-41-16 to 123:1-41-19 of the Administrative Code.
- H. 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.
Proposed revisions of this policy should be reviewed by:
- Vice President for Finance and Administration
- Classified Senate
- Forms, References, and History
- 1. Forms
The following form is specific to this policy:
- The Request for Reduction in Work Force form is available online, linked through https://www.ohio.edu/hr/forms/index.cfm#r, or from UHR.
- 2. References
The following items are relevant to this policy:
- Policy 40.039, "Compensation for Classified Staff."
- Policy 40.041, "Change of Classified Position Status."
- Policy 40.044, "Transfer or Promotion for Classified Employees."
- Policy 40.045, "Terminations and Reinstatements of Classified Employees."
- Policy 40.055, "Pay Determination for Classified Staff."
- Policy 41.015, "Reduction-in-Force Benefit Programs for Administrators and Classified Staff."
- The Ohio Revised Code is online, including § 124.321.
- The Ohio Administrative Code is online, including § 123:1-41.
- 3. History
Draft versions of this policy that were circulated for review, their cover memos, their forms, and Reviewers' comments on them are available on the password-protected Review site, at https://www.ohio.edu/policy2/40-046/.
Prior versions of this policy were approved on:
- July 1, 2009
- March 31, 2003
- June 1, 1992
- January 12, 1991
- July 23, 1975
- June 19, 1975