The purpose of Rule 12 is to establish layoff policies and employee rights and privileges upon re-employment. Re-employment may include call back from layoff or reinstatement/restoration to a list of eligible candidates. The affected person may be laid off from a position and continue to work in another position or no longer be working in any position. (CSC 3/14/02)
Whenever any permanent position is to be abolished or it becomes necessary because of lack of funds, lack of work, or reorganization to reduce the number of employees in the classified service in any department, the department head shall immediately report such pending layoffs to the Human Resources Department. Then, pursuant to the following guidelines, the Human Resources Department will determine the status of those persons affected, will submit such information to the department(s) involved, and the department will make proper notification to the employees involved.
A. General Order of Layoff
Except when layoff is for medical or other similar reasons, layoffs shall be made in the following order:
1. Persons who have no Civil Service standing.
2. Persons who have been appointed to temporary positions.
3. Persons appointed to permanent positions.
B. Layoff Based on Seniority
The employee first laid off shall be the employee in a department who was the last one certified to the class in which reductions are to be made. For the purposes of layoff, and demotion due to layoff, there are two departments in the City: (CSC 3/14/02)
1. General City
2. Park Board
C. Layoff for Medical Reasons
When employees, because of temporary illness or medical condition, cannot perform the duties of their job, the department may, upon appropriate medical verification, layoff those employees until they are again capable of resuming the duties. The Commission or department may require a satisfactory medical report from the City's health services provider before re-employment. Generally, if the period of time an employee is expected to be off the job is less than six months, a leave without pay may be a more appropriate action. (CSC 2/24/09)
D. Demotion Resulting From Abolishment of Position
Employees who are laid off due to abolishment of position will be placed on the layoff list for their classification. Employees in grade VIII or higher or sworn personnel of the police or fire department will have the right to replace a person with lesser departmental seniority who was the last certified to a lower classification provided the laid off employee has previously completed probation satisfactorily in that lower class. Employees in grade VII or lower will have the right to replace an employee of lesser departmental seniority who was last certified to a lower classification in the same job series in the same department, provided the laid off employee meets the current minimum qualifications of such lower classification. (CSC 3/14/02)
The following exceptions to the layoff procedures may be observed when applicable:
A. In cases where current collective bargaining agreements apply, layoffs, bumping, and reinstatements will be implemented in accordance with the provisions of those contracts. (CSC 3/14/02)
B. Whenever a department and the employees affected agree upon a basis for layoff and re-employment in a certain position or group of positions; and if this agreement is officially approved by the Commission, then employees will be laid off and re-employed upon that basis.
C. Regardless of the official priority of layoff, an employee may be retained on an emergency basis for up to fourteen days longer to finish an assignment.
Any employee in the classified service who has been laid off, other than an employee laid off for medical reasons, may be re-employed without examination in a vacant position of the same class within three (3) years of the layoff. Any employee in the classified service who has been laid off for medical reasons may be re-employed in a vacant position of the same class within three (3) years of the layoff and the Commission or department may require a satisfactory medical report from the City's health services provider before re-employment. An employee recalled from layoff who declines an appointment, no longer meets the current qualifications for the job including any physical or licensing requirements or is unable to perform the essential functions of the job will be removed from the list unless a waiver for satisfactory reason is approved. Failure to receive an appointment within the three (3) years will result in the eligible candidate's name being dropped from the list. However, the eligibility of employees on the layoff list shall be extended for the period of military service upon due notice to the Commission by employee of such military service. (CSC 5/23/96) (CSC 3/14/02) (CSC 7/27/04)
Former City employees may be reinstated to the top of an open list of eligible candidates for the class they last held providing the conditions listed below are met. It must be noted, however, that if no vacancies exist in the class they last held reinstatement may also be to the open list of a lower level position for which they are qualified and where a vacancy is more likely. Former employees denied reinstatement may appeal the decision to the Commission. Conditions for reinstatement are met if: (CSC 3/14/02)
A. They successfully completed a probationary period in that class;
B. They resigned in good standing and not in lieu of discharge;
C. They requested reinstatement within two years of the resignation;
D. They completed a satisfactory medical examination if the Human Resources Department determines that such an exam is necessary; and,
E. They are approved for reinstatement by their former department(s).
A reinstated employee will, upon appointment, begin to accrue seniority rights, vacation eligibility, sick leave, and other Civil Service rights and benefits the same as any other new employee. Except for a special provision relating to credit for vacation increments (See Rule 15), service prior to resignation will not be credited to a reinstated employee for purposes such as: fulfilling in-service time requirements for competing in promotional examinations, computing seniority in promotional examinations, determining order of layoffs, etc.
A person who meets one of the following conditions may be restored to the bottom of an open list of eligible candidates, one time only, at the discretion of the Human Resources Department under the following circumstances: (CSC 3/14/02)
A. Was removed from a list of eligible candidates; (CSC 3/14/02)
B. Resigned in good standing during probation and not in lieu of termination;
C. Resigned from a temporary position; or,
D. Previously held the job title within the prior two years. (CSC 3/14/02)
Last updated Dec. 21, 2011