EMPLOYMENT LAYOFF ACTION POLICY
POLICY
It is the policy of the Southside Community Services Board (SCSB) to adjust the size of
the work force or to reconfigure the work force including change of full-time positions to
part-time status, as needs dictate. Employees affected by a work force reduction due to
fiscal constraints shall be affected in accordance with operational needs and other
factors relative to the layoff and recall procedures outlined in this policy. After
operational needs are considered, employees in regular full-time positions shall be
affected in order of seniority and afforded placement and recall opportunities provided in
this policy. This policy is not applicable to position abolishment brought by agency
restructuring or reorganization due to changing mandates. Decisions to implement
layoff must be non-discriminatory and comply fully with the Equal Employment
Opportunity policy.
DEFINITIONS:
Abolishing Positions - Discontinuing a position due to agency needs based on funding
or organizational changes.
Former Classification -The immediately preceding classification assignment of the
employee, which may be equal or lower in compensation level to the current
classification.
Fully Qualified - Capable of delivering satisfactory performance on the job within a fourweek period of orientation and familiarization, as determined by the SCSB Executive
Director.
Leave-Without-Pay Layoff - Employment status that applies to SCSB employees who
are laid off (involuntary separation which can extend for 12 months) and whose benefits
are continued. Employees in this status have the right to recall and preferential
employment.
LTD and Conditional LWOP- Employees who are on long-term disability and conditional
leave without pay (position not held).
Minimally Qualified - Meets the minimum qualification requirements and can perform a
given job satisfactorily within six months, as determined by the SCSB Executive
Director.
Organizational Service Delivery Unit and Geographic Area - These definitions are to be
identified by the SCSB prior to the application of this policy within the agency.
Preferential Employment Opportunity - Employees in a leave-without-pay layoff status
are offered an appointment to a vacant position providing the position is in the same or
a lower classification as the employee’s former position, that the employee is minimally
qualified, and that the employee has the greatest seniority of other employees meeting
the first two qualifications.
2
Recall - An employee being recalled to his/her former position and/or classification
within
a 12-month period.
Seniority -Total continuous salaried SCSB service, computed from the most recent
employment or re-employment date, including approved leaves without pay.
Separated Layoff - Employment status that applies to SCSB employees who have
elected to resign while in leave-without-pay layoff and/or who have declined an
assignment when contacted relative to a preferential employment opportunity.
Employees in this status forfeit benefits as well as rights to recall and preferential
employment.
NOTIFICATION
SCSB employees to be affected by a reduction in the workforce shall be provided at
least two (2) weeks written notice prior to layoff. At SCSB’s discretion, a longer period of
notice may be provided as based upon relevant information and available resources.
Such notices shall be furnished on a layoff notice form and shall include appropriate
benefits information. It shall be the responsibility of laid-off employees to keep the
SCSB personnel office advised of their current address and telephone number for 12
months following layoff.
DECISIONS PRIOR TO IMPLEMENTING LAYOFF
The SCSB, through its Executive Director, is responsible for identifying the
organizational units and job classifications to be affected by a work force reduction. The
layoff action and its subsequent application are to be based primarily on SCSB service
delivery requirements consistent with catchment area needs.
Before implementing a layoff, the Agency must:
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Determine whether the entire agency or only certain designated work unit(s) are
to be affected;
Designate position/business functions to be eliminated or reassigned;
Designate work unit(s) to be affected as appropriate;
Review all vacant positions to identify valid vacancies that can be used as
placement options during layoff; and
Consider reducing identified positions from full-time to part-time status to achieve
the required savings. (Note: If the employee chooses to remain in the part-time
position, he or she is eligible for recall rights.)
SEQUENCE OF LAYOFF
Positions to be affected by this policy will be considered in the following order:
1.
Temporary Part-time Positions (hourly positions of limited duration) - Generally,
hourly positions within the SCSB involving the same duties in the organizational
units and job classifications affected shall be discontinued prior to any reduction
of full-time positions.
2.
Part-time Regular and/or Restricted Positions (regular part-time hourly positions
and grant-funded positions) -The SCSB Executive Director shall review and
discontinue, where appropriate, part-time hourly or restricted positions within the
organizational units and job classifications affected prior to any reduction of fulltime regular positions. Employees in restricted or part-time regular positions to
be discontinued who have continuous SCSB service upon assignment to such
position shall be eligible for placement and recall opportunities provided in this
policy. Employees in restricted or part-time regular positions with no prior
continuous SCSB services shall be separated-layoff.
3.
Regular Full-time Positions (full-time, regular, salaried positions with benefits) After having discontinued temporary part-time, part-time regular, and restricted
positions, as appropriate, regular full-time positions shall be reduced. Employees
in regular full-time positions shall be affected according to agency operational
needs and in order of seniority and afforded placement and recall opportunities
provided in this policy, as determined by the Executive Director.
BENEFITS
Initially, all SCSB employees laid off under the provision of this policy shall be placed on
leave-without-pay layoff. Such leave-without-pay shall continue for up to 12 months
unless the employee declines, resigns earlier, or obtains employment elsewhere.
Employee benefits while on leave-without-pay layoff shall continue as follows:
1.
Medical Insurance: The SCSB’s contribution toward the employee and family
medical insurance will continue for the 12-month period of leave-without-pay
layoff. To continue coverage, the employee will be responsible for paying the
employee’s share of the premium in advance monthly installments. As layoff is a
qualifying mid-year event and triggers COBRA, the employee may change
coverage, but only at the time of the layoff or open enrollment. If the Board pays
for 12 months of coverage, the employee can carry COBRA for an additional 6
months to fulfill the 18 month requirement, but only if COBRA has been elected
upon layoff and runs concurrently with the leave. Affected employees should
consult with the Human Resources Office.
2.
Group Life Insurance: The SCSB’s contribution toward group life insurance will
continue for the period of leave-without-pay layoff,” provided the employee’s cost
is paid monthly in the manner prescribed by the SCSB’s carrier, but no longer
than 12 months.
3.
Other Insurance Coverage: Other insurance coverage (cancer, disability, Aflac,
etc.) purchased through payroll deduction by employees placed on leave-withoutpay layoff shall be continued in the same manner as is available for continuing
such coverage during periods of leave-without-pay for other reasons.
4.
Retirement: No refund of contributions can be made to employees on leavewithout-pay layoff. Laid-off employees who wish to withdraw their retirement
contributions can do so only by resigning from SCSB employment and forfeiting
their right of recall.
5.
Leave Balances: (a) Payment for compensatory leave balances accrued by
FLSA non-exempt employees shall be included on the last paycheck of
employees placed on leave-without-pay layoff; (b) employees shall have the
option of being paid for accumulated annual leave balances up to the maximum
allowable accrual level or to leave such balances to their credit for the period of
leave-without-pay layoff. If an employee resigns during the leave-without-pay
layoff or is terminated, payment shall be made to the employee for annual leave
balances up to the maximum allowable accrual leave at the employee’s option at
the beginning of the leave.
6.
Sick leave balances shall remain to the credit of the employees placed on leavewithout-pay layoff.
7.
Service Credit: SCSB employees on leave-without-pay layoff shall not be eligible
to accrue leave. Time spent on such leave-without-pay, up to a maximum of 12
months, shall be counted as active service in determining leave accrual rates and
performance increase review dates. Performance increases which would
normally have been due during a period of leave-without-pay layoff shall become
effective upon recall or preferential hiring. Probationary employees recalled from
leave-without-pay shall not be credited with the time spent on leave toward
completion of the probationary period.
8.
An employee forfeits his/her rights to the above benefits once placed in
separated-layoff status.
EMPLOYEES ON LEAVE OF ABSENCE
1.
Employees who are on any paid leave or Family and Medical Leave are
considered active employees and shall be treated as if they were in their
positions. If their positions are to be abolished and they are otherwise qualified to
receive the benefits outlined herein, they must be provided placement options
and the appropriate benefits. If their positions are not being abolished, they may
not be used as placement options for other employees impacted by layoff.
2.
Employees on Military Leave without Pay generally are eligible for placement or
recall rights under this policy. Employees on leave without pay-military retain
employment rights for five years as stated in the Uniformed Services
Employment and Reemployment Rights Act (USERRA). Layoff benefits will be
made available to eligible employees on Military Leave without Pay upon their
return if their position was abolished during their absence and no other
placement option is available upon their return. See the policy on Military Leave
for information on reemployment rights.
3.
Employees on short-term disability may receive notice of layoff. The effective
date will be the date designated by the Board. Eligible employees may be on
leave without pay-layoff and short-term disability status concurrently. Positions
occupied by employees on STD are not vacant and may not be used as
placement options for other employees impacted by layoff.
4.
Employees on long-term disability and conditional leave without pay are not
eligible for placement or recall rights under this policy. Their positions can be
considered valid vacancies and used as placement options for employees
impacted by layoff.
5.
Employees receiving Workers’ Compensation benefits can be notified of layoff.
The layoff effective date for these employees will be the date designated by the
Agency regardless of their Workers’ Compensation status. The Agency must
contact the Office of Workers’ Compensation two weeks prior to affecting the
employee on Workers’ Compensation with layoff to insure WC benefits and layoff
are coordinated accurately.
EMPLOYEE PLACEMENT PROCEDURES FOLLOWING LAYOFF
1.
For purposes of the following procedures, to qualify for placement in existing
vacancies, SCSB employees must meet at least the minimal qualifications
criteria identified in the job description. Employees laid off because of application
of this policy are eligible for two placement opportunities: (1) Recall and (2)
Preferential Employment Opportunities. When applying for vacancies, ties in
seniority and in minimal qualifications shall be resolved by regarding the
employee with the earliest date of birth as being the most senior. Employees
relocating under the provisions of this policy shall bear all moving and relocation
costs. Employees electing not to accept an offer to fill positions of the same
classification level not requiring relocation shall be separated-layoff and not
subject to recall or preferential employment.
2.
The Human Resources Office will maintain a listing of all positions vacated due
to resignations, terminations, and layoffs. As the SCSB is able to fill these
vacancies, employees on the leave-without-pay layoff roster will be mailed
notices.
Employees eligible for re-employment, through either Recall or
Preferential Employment Opportunities, must submit their Preferential Hiring
Request Form to the personnel office, indicating that they are interested in a
specific opening. Once the forms have been submitted on or before the given
deadline, the Executive Director will consider the employee’s request and job
placement will occur in one of two ways: Recall or Preferential Employment
Opportunities.
Recall
1.
Recall rights are in effect for 12 consecutive months from the effective date of
layoff. Under this procedure an employee is reinstated to his/her former pay,
position and/or classification. If placed on leave-without-pay layoff, SCSB
personnel are to be recalled to positions and/or classifications for which they are
minimally qualified in order of seniority as vacancies occur. Personnel placed in
positions of equal compensation levels are not subject to recall to their former
position if it later becomes available but may apply for transfer as otherwise
provided by agency policy. Employees electing not to accept recall to their
former position and/or classification shall be removed form the recall list.
2.
Personnel placed in positions of lower compensation levels shall be recalled
within the SCSB for positions for which they are minimally qualified in order of
seniority as such vacancies occur.
3.
When two or more employees are eligible for recall for a position in the same
classification, with one employee having already been placed in a position of a
lower compensation level and the other employee is still in leave-without-pay
layoff status, the employee with the most seniority shall be recalled and placed in
the position first.
Preferential Employment Opportunities
1.
Employees are sent the same job listing described under the Recall procedures,
and interested employees then submit the Preferential Hiring Form and an
application for employment. The Executive Director, after determining that no
employee who submitted a Preferential Hiring Form is eligible for automatic recall
will review the other Preferential Hiring Forms as well as applications for
employment. Such employment shall take priority over the employment of
persons from outside the SCSB.
2.
Such preferential hiring shall be provided only to employees who apply for such
openings by submitting their Preferential Hiring Forms and application on or
before the closing date for receipt of the required forms. Placement into the
positions is based on three factors: (1) the employee was formerly in the same or
a higher classification level as the vacant position; (2) the employee is minimally
qualified; and (3) the employee has the greatest seniority of other employees
meeting the first two requirements.
RESPONSIBILITY
The SCSB, through the Executive Director, shall be responsible for:
1.
Consistent application of this policy within the agency;
2.
Maintenance of an up-to-date recall list, and recall of agency employees as
appropriate;
3.
Ensuring that employees, eligible for preferential employment, who present
themselves on or before the closing date for application, are hired; and
4.
Maintenance of a list of the names, dates of employment, and classifications of
employees on layoff.
COVERAGE OF PERSONNEL. This policy applies to all SCSB employees.
AUTHORITY. This policy is issued by the SCSB under the authority of the Code of
Virginia, Chapter X, Section 37-195.
INTERPRETATION. The Executive Director is responsible for official interpretation of
this policy. Questions regarding the applications of this policy should be addressed to
the office of the Executive Director.
Approved by the Board of Directors 1/16/91.
See Policies:
Short and long-term disability
EEO
Benefits
Military Leave
FMLA
Workers’ Compensation