May 8, 2007
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| TO: |
ALL APPOINTING AUTHORITIES,
HUMAN RESOURCES OFFICERS, AND RECOGNIZED EMPLOYEE ORGANIZATIONS
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| FROM: |
JAMES D. FARRELL,
STATE PERSONNEL DIRECTOR
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| SUBJECT: |
TEMPORARY LAYOFF RULES
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On May 2, 2007, effective immediately, the Civil Service Commission approved the attached amendments to the Civil Service Commission Rules to provide for temporary layoffs for nonexclusively represented employees (NEREs). The following Rules were amended or repealed:
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| A. |
Rule 2-4, Layoffs.
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The amendments provide the following:
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1. |
Defines a "temporary layoff" as an unpaid layoff of one or more full workdays. Also, redefines the original "layoff" as an "indefinite layoff" to distinguish it from a "temporary layoff."
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2. |
An employee may be placed on temporary layoff for a maximum of 20 workdays (cumulative) in a fiscal year.
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3. |
A temporary layoff is not a break in service and is creditable time. The employee gets credit for insurance, leave accruals, and service for each day of temporary layoff as if the employee were on active pay status.
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4. |
The rules and regulations governing employment preference do not apply to temporary layoffs.
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5. |
The regulations governing recall do not apply to temporary layoffs. However, persons returning from a temporary layoff are guaranteed to return to the same position from which they were laid off.
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6. |
An employee cannot substitute any paid status for a temporary layoff (e.g., cannot use annual leave, personal leave, school and community participation leave, banked leave, compensatory leave, sick leave, or deferred hours in place of a temporary layoff.) Also, an employee cannot elect to be paid for any accrued leave balances when placed on temporary layoff status.
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7. |
Time on a temporary layoff counts towards retirement as provided in statute. [The State Employees' Retirement Act provides retirement credit for "designated temporary layoffs." The State Police Retirement Act does not provide retirement credit for temporary layoffs.]
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| B. |
Rule 2-5, Employment Preference.
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Rule 2-5 was amended to clarify that employment preference does not apply to temporary layoffs.
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| C. |
Rule 9-1, Definitions.
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The definitions of "creditable time" and "noncreditable time" in Rule 9-1 were amended to provide that time on a temporary layoff is included in "creditable time." Time on an indefinite layoff continues to be "noncreditable time."
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| D. |
Rule 5-16, Temporary Furloughs [2004].
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Rule 5-16 was repealed.
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