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4.7 Layoff

Manual: Employment and Separation Procedures

Subsection: Other Employment Transactions

A layoff is a stoppage of work, required by management, because of reduction in the amount of work, discontinuance of a particular kind of work, lack of available funds, lack of available space for the execution of work planned, interruptions caused by unfavorable weather, an emergency or catastrophic situation.

Layoff order is determined first by status and then by service and seniority. In cases of identical service or seniority, an employee with a lower examination score shall be laid off first. If tie scores exist, the person with the least amount of years of service at the place of employment shall be laid off first. If identical years of service appear, the person with the latest date of application for the examination for the class subject to layoff shall be laid off first. Employees shall be laid off by class in the following order:

  1. Employees on Temporary Appointments. (terminate)
  2. Employees on temporary upgrading assignments. (terminate)
  3. Provisional employees. (terminate)
  4. Employees serving probationary period.
  5. Status employees.

If an employee is subject to layoff and has not completed a probationary period in any class at the place of employment, complete the following steps:

  1. Notify the employee in writing of the pending action. Place a copy in the employee's file for historical tracking. (Not necessarily the formal Layoff Notice form.)
  2. Offer the employee the position of the employee who has the least amount of service in the class.
  3. If the employee has the least amount of service of any other employee in the class, place the employee on official layoff by issuing the Layoff Notice form (when such layoff will exceed 30 consecutive work days) and distribute copies as required. Notify the System Office. See Example 4.7a.
  4. Place an employee on the Restoral register for the class in which the employee has accrued service (Original Entry or Promotional register as appropriate), indicating total service within the class as earned up to date of layoff. In cases where layoffs are made by lesser units in accordance with Merit Board approval, indicate proper designation of lesser unit. (The Employer may accomplish this through use of seniority list.)
  5. Enter appropriate information in employment records.
  6. Issue a new notice of employment upon return to work in the class from which laid off, indicating "Return from Layoff". Notify the System Office.

If an employee in a probationary period is subject to layoff and has completed a probationary period in a prior class, complete the following steps:

  1. Notify the employee in writing of the pending action at least 30 calendar days in advance of the effective date of layoff. Note: the effective date of layoff may be extended (or delayed) up to 15 calendar days at a time without the need to give the employee another layoff notice. However, the employee should receive written notification of each such extension which shall include the new effective date of layoff. Place a copy in the employee's file for historical tracking. (Not necessarily the formal Layoff Notice form.)
  2. If a vacant position in the employee's job classification exists, offer the position to the employee.
  3. If a vacant position does not exist, offer the employee the position of the employee who has the least amount of service in the class.
  4. If the employee has the least amount of service of any employee in the class, place the employee on the Restoral register for that class with accumulated service and offer the employee the position of the employee who has the least amount of service or seniority in the next lower level in the promotional line, if the employee has more seniority in that class.
  5. If the employee has the least amount of service and/or seniority in the next lower class in the promotional line, continue the process for the remaining classes (by ranked levels in descending order) in the promotional line.
  6. If the employee has the least amount of service and/or seniority of any other employee in the promotional line, place the employee on official layoff by issuing the Layoff Notice form (when such layoff will exceed 30 consecutive work days) and distribute copies as required. Notify the System Office. Example 4.7a.
  7. Place the employee on the Restoral or Reemployment register for all classes in which the employee has accrued service and/or seniority (Original Entry or Promotional registers as appropriate) indicating total seniority or service within the class as earned up to date of layoff. In cases where layoffs are made by lesser units in accordance with Merit Board approval, indicate proper designation of lesser unit. (The Employer may accomplish this through use of a seniority list.)
  8. Enter appropriate information in employment records.
  9. Issue a new notice of employment to employee upon return to work in the class from which laid off, indicating "Return from Layoff". Notify the System Office.

If an employee is subject to layoff and has completed a probationary period in the class prior to layoff, complete the following steps:

  1. Notify the employee in writing of the pending action at least 30 calendar days in advance of the effective date of layoff. Note: the effective date of layoff may be extended (or delayed) up to 15 calendar days at a time without the need to give the employee another layoff notice. However, the employee should receive written notification of each such extension which shall include the new effective date of layoff. Place a copy in the employee's file for historical tracking. (Not necessarily the formal Layoff Notice form.)
  2. If a vacant position in the employee's job classification exists, offer the position to the employee.
  3. If a vacant position does not exist, offer the laid off employee the position of the least senior employee in the class.
  4. If the employee is the least senior, place the employee on the Reemployment register with accumulated seniority and offer the employee the position of the least senior employee in the next lower class in the promotional line, if the employee has more seniority (i.e., is not the least senior) in that class.
  5. If the employee is the least senior in the next lower class in the promotional line, continue the process for the remaining classes (by ranked level in descending order) in the promotional line and place on Reemployment register.
  6. If the employee is least senior for all classes in the promotional line, and if the employee has served in one or more promotional lines or classes, the retreat path shall be in descending order and reversing the chronological employment history, starting with the current (or most recent) promotional line first. After moving through the current promotional line, then the employee would move to next promotional line, working their way down.

Example: Employee Jones has the following chronological employment history.

1/1/80 - 12/31/83 Typing Clerk I*
1/1/84 - 12/31/84 Secretary II
1/1/85 - 12/31/91 Secretary III
1/1/92 - 12/31/93 Chief Clerk
1/1/94 - 12/31/95 Administrative Clerk
1/1/95 - date of layoff    Administrative Assistant I

If Employee Jones has more seniority than the least senior Administrative Clerk, Jones would "bump" that employee. If not and if Jones has more seniority than the least senior Staff Clerk, Jones "bumps" that employee. If not and if Jones has more seniority than the least senior Chief Clerk, Jones “bumps” that employee, etc., down the Clerk promotional line. If not, and if Jones has more seniority than the least senior Secretary III, Jones “bumps” that employee, etc. down the Secretary promotional line (Jones would "bump" downward in the Clerk and Secretary promotional lines even though Jones has not actually served in all the classifications, i.e., Staff Clerk, Clerk*, Clerical Assistant* or Secretary I, in accordance with Civil Service Rule 250.120(e)).

*Typing Clerk Series merged into Clerk Series, effective 9/5/00.

If an employee cannot exercise any of the possible bumping rights or be placed in another position as outlined above:

  1. Issue a Layoff Notice and distribute copies as required. Notify the System Office. See Example 4.7a
  2. Enter appropriate information in employment records.
  3. Issue a new notice of employment to employee upon return to work in the class from which laid off, indicating "Return from Layoff". Notify the System Office.

If an employee chooses not to exercise bumping rights obtain a signed statement from the employee indicating such and place the employee on the appropriate register. The employee may refuse two additional offers of employment in the class and then shall be removed from the Reemployment or Restoral register.

If an employee resigns while on layoff, indicate on resignation that employee did not return from layoff and give the effective date of resignation. Notify the System Office.

Retention of pay of an employee who has exercised bumping rights.

  1. When laid off employee accepts a position in the same class (through bumping rights), the salary of the laid off employee shall be unaffected.
  2. If a laid off employee's salary exceeds the maximum of the range of the class in which the employee accepts a position as a result of exercising bumping rights, the laid off employee's new salary shall not exceed the rate of the maximum range for the new class.

Layoff of employees in less than 100%-time appointments: In regard to the "bumping" of and/or by employees in positions of less than 100%-time, the following example is given:

EXAMPLE

Seniority List for Class Z
Employee A
Employee B
Employee C
Employee D
Employee E
Employee F

If C's position is 100%-time and is subject to deletion due to lack of funds or other reasons and F's position is 75%-time, then C may bump E (least senior in 100% position). E may then bump F.

F may then exercise bumping rights in other classes.

NOTE: Should employees choose not to exercise their bumping rights they shall be placed on the Reemployment register.

No available employee shall be on the Reemployment register who has greater seniority than an employee working in the same class or in lower classes in which the employee has accrued seniority, unless the employee has chosen not to exercise bumping rights and has provided a signed statement to the Employer indicating so.

At the point an employee who is on disability leave becomes subject to layoff, the employee shall be placed on layoff. When recalled from layoff, the employee may return to duty or disability leave status. Since employees on disability leave accrue seniority, the disability leave is interrupted to prevent unfair accumulation or seniority to pass other employees on the seniority list.

Note on Specialization and Bumping: Individuals employed with a defined area of specialization cannot be displaced in the layoff process by someone who does not possess the defined area of specialization.


(Reference 80 Ill. Adm. Code §250.110(d) and §250.110(e and h))
Revised 5/16/2012