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Layoff Procedures and Alternatives to Layoff
1-14-1 to 1-14-5. (Authorized by K.S.A. 75-2965,
75-2966, 75-2968; effective Jan. 1, 1967; revoked May 1, 1979.)
1-14-6. (Authorized by K.S.A. 75-3747;
implementing K.S.A. 75-2948; effective May 1, 1984; amended Jan. 18, 1994; revoked May 31,
1996.)
1-14-7. Agency submission of layoff
notice to director. (a) When submitting a layoff notice to the
director, the appointing authority shall list the reason for the proposed
layoff. As established by K.S.A. 75-2948, as amended, the reasons for
proposing a layoff shall be limited to:
(1) a shortage of work or funds;
(2) the reinstatement of an employee returning from authorized leave;
or
(3) the abolition of a position or other material change in duties or
organization.
(b) Any appointing authority proposing a layoff shall give written notice
of the proposed layoff to the director, and a copy of the notice to the
secretary of administration, at least 45 calendar days before the proposed
effective date of the layoff. In cases of extenuating circumstances, the
45-day notice requirement may be waived by the director. However, in no
case shall notice of layoff to the director be less than 30 days prior
to the proposed effective date of the layoff.
(c) In the notice, the appointing authority shall specify:
(1) the reason or reasons for the layoff;
(2) the class, classes, or class series in which the layoff is to occur;
(3) the estimated number of employees to be laid off;
(4) the proposed effective date of each layoff;
(5) the position or positions to be vacated by layoff; and
(6) the layoff scores of employees identified in subsection (a) of K.A.R.
1-14-9.
(d) In addition to the information required under subsection (c), the
notice shall include the following information:
(1) a list of the agency's organizational units;
(2) a description of any geographic areas to which the layoffs will be
limited; and
(3) any other information requested by the director.
If the agency chooses to permit employees to bump into lower classes in
a class series in addition to any lower class in which an employee had
permanent status, the notice shall also indicate the class series to be
used for bumping.
(e) (1) The appointing authority may designate a geographic area or an
organizational unit within which the layoff is to occur and within which
the employees are to be subject to layoff. If one or more geographic areas
or organizational units are designated by the appointing authority, they
shall be indicated in the layoff notice. If no area or unit is designated,
the layoff shall be agency-wide. The appointing authority also may limit
the layoff to full-time employees or to employees employed on less than
a full-time basis.
(2) If an area or unit is used, the layoff and bumping rights shall be
applied only to employees within the designated area or unit. When the
layoff is limited to full-time employees or less than full-time employees,
any employee with permanent status may exercise bumping rights into a
position filled by any employee with probationary status only within the
group of employees having the same full-time or less than full-time status.
Otherwise, any employee with permanent status may exercise bumping rights
into any position filled by an employee with probationary status anywhere
within the agency, if the employee with permanent status meets the required
selection criteria for the class.
(f) The appointing authority may also allow employees to bump into lower
classes in a class series in addition to any lower class in which the
employee had permanent status. The class series bumping option shall be
limited to class series that are designated in the layoff notice.
(g) Within 10 working days of the receipt of a proposed layoff notice,
the agency shall be contacted by the director with any questions the director
may have regarding the layoff, and the proposed layoff shall be reviewed
with the secretary of administration. The proposed layoff shall be approved,
modified and approved as modified, or rejected by the secretary within
15 working days of the receipt of the proposed layoff notice. The agency
shall be notified in writing of the secretary's determination. (Authorized
by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 1995 Supp. 75-2948;
effective May 1, 1984; amended Jan. 18, 1994; amended Dec. 17, 1995; amended
May 31, 1996.)
1-14-8. Computation of layoff scores. (a) A layoff score shall be computed
by the appointing authority for each employee in the agency who has permanent
status and who either is in a class of positions identified for layoff
or could be affected by the exercise of bumping rights.
(b) Layoff scores shall be computed according to the formula A x L, where
A and L have the following values:
(1) A = the average performance review rating of the employee, as described
in subsection (d); and
(2) L = the length of service, as defined in K.A.R. 1-2-46(a), expressed
in months.
Length of service for a retired employee who has returned to work shall
be calculated in accordance with K.A.R. 1-2-46 (g). The layoff scores
shall be prepared in accordance with a uniform score sheet prescribed
by the director.
(c) Layoff scores computed by the appointing authority shall be made available
for inspection by each employee upon request at the time the agency gives
written notice of a proposed layoff to the director and the secretary
pursuant to K.A.R. 1-14-7. Upon request of any employee, the appointing
authority shall review the manner in which the employee's score was calculated.
Each dispute as to the proper calculation of a layoff score of any employee
shall be resolved by the director.
(d) Except as otherwise authorized by this subsection, the performance
review ratings used in computing the layoff score of an employee shall
be the most recent ratings for the employee during the last five years
up to and including five ratings, if the employee has as many as five
ratings. However, a rating resulting from a special performance review
that is given for a rating period ending within 90 calendar days of any
notice of the layoff to the director shall not be counted. Performance
reviews completed for rating periods ending on or after the date the appointing
authority notifies the director in writing that a layoff is to occur shall
not be considered in computing layoff scores; however, the appointing
authority may designate a uniform earlier cutoff date to identify which
performance review ratings are to be used in computing layoff scores.
(1) For the purposes of calculating layoff scores in accordance with the
formula established in subsection (b), for performance reviews conducted
on or before September 30, 2009, a rating of exceptional shall have a
value of five, a rating of satisfactory shall have a value of three, and
a rating of unsatisfactory shall have a value of zero.
(2) For the purposes of calculating layoff scores in accordance with the
formula established in subsection (b), for performance reviews conducted
on or after October 1, 2009, a rating of exceptional shall have a value
of five, a rating of exceeds expectations shall have a value of four,
a rating of meets expectations shall have a value of three, a rating of
needs improvement shall have a value of two, and a rating of unsatisfactory
shall have a value of zero.
(3) If an employee does not have a total of five performance review ratings
for use in computation of a layoff score, the layoff score shall be an
average of the ratings that the employee has actually received.
(4) If an employee has no performance review ratings that may be used
to compute a layoff score, the employee shall be deemed to have been given
a single performance review rating of meets expectations, and the value
of that rating shall be used to compute a layoff score. New hires and
rehires employed on a basis other than reinstatement who are serving a
probationary period and employees in training classes shall be subject
to subsections (e), (f), and (g).
(5) In case of identical layoff scores, and if some, but not all, of the
persons with the same score must be laid off, preference among these persons
shall be given to any veteran, as defined in K.S.A. 73-201 and amendments
thereto, and any orphan, as defined in this paragraph, in that order.
For the purpose of this regulation, "orphan" shall mean a minor
who is the child of a veteran who died while, and as a result of, serving
in the armed forces.
If further ties remain, a method of breaking the ties shall be established
by the secretary that is consistent with agency affirmative action goals
and timetables for addressing underutilization of persons in protected
groups. If further ties remain, preference in retention shall be given
to the person with the greatest length of service as defined in K.A.R.
1-2-46. If a tie still exists, the next preference shall be given to the
person with the greatest length of service, as defined in K.A.R. 1-2-46,
within that agency. If a tie still exists, the appointing authority shall
be responsible for determining an equitable tie-breaking system.
(e) New hires and rehires with probationary status shall not be granted
permanent status on or after the date the appointing authority has notified
the director of a proposed layoff. However, any new hire or rehire with
probationary status in a position for which no employee subject to layoff
meets the required selection criteria may be given permanent status. New
hires and rehires with probationary status shall have their probationary
period extended until it is certain that no employee with permanent status
whose position is to be vacated by layoff or who otherwise would be laid
off through the exercise of bumping rights is claiming the position held
by the employee with probationary status.
(f) Each employee serving a probationary period as a result of one of
the following shall be considered to have permanent status for layoff
purposes:
(1) Promotion of an employee who has permanent status;
(2) reallocation of a position if the incumbent has permanent status;
or
(3) promotion from a classified position with at least six months of continuous
classified service.
(g) Each employee who is in training status in a governor's trainee position,
or in any identified training position, and who has at least six months
of continuous service shall be considered to have permanent status for
layoff purposes only.
(h) The layoff list shall be based on the order of the layoff scores.
The person with the lowest layoff score shall be laid off first. If more
than one person is to be laid off, the persons to be laid off shall be
selected on the basis of the lowest layoff scores.
(i) This regulation shall be effective on and after October 1, 2009. (Authorized
by K.S.A. 75-2943, K.S.A. 75-3706, and K.S.A. 2008 Supp. 75-3747; implementing
K.S.A. 75-2943, 75-2948, 75-3707, and 75-3746; effective May 1, 1984;
amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 27,
1993; amended Dec. 17, 1995; amended June 5, 2005; amended October 1,
2009.)
1-14-9. Layoff notice to employee.
(a) Any appointing authority proposing a layoff shall give written notice
of the proposed layoff to:
(1) each employee in a position identified for layoff or who may be affected
by layoff;
(2) each employee that may be laid off through the exercise of layoff
bumping rights; and
(3) the director of personnel services.
(b) The notice required under subsection (a) shall be given at least 30
calendar days before the effective date of the proposed layoff.
(c) Written notice of layoff shall be deemed to have been properly given
if, at least 30 days prior to the date of layoff:
(1) the notice is personally delivered to the employee by two or more
persons or if it is personally delivered to the employee by one person
and a written acknowledgement of receipt is obtained from the employee;
or
(2) the notice is sent by certified mail, restricted delivery, to the
residential address of the employee as shown on the agency's records.
(Authorized by K.S.A. 1983 Supp. 75-3747; implementing K.S.A. 1983 Supp.
75-2948; effective May 1, 1984.)
1-14-10. Procedures for bumping and
layoff conferences. (a) Bumping shall occur within the layoff group identified in the
agency's layoff notice, or agency-wide if the agency has not designated a layoff group. If
the criteria set forth in paragraphs (1) and (2) of this subsection have been met, any
employee with permanent status, or any employee considered permanent for layoff purposes
only, who is scheduled for layoff shall only bump into a lower class in which the employee
previously had permanent status, unless the employee's position is in a class which is
part of a class series designated by the appointing authority in the agency's layoff
notice. If such a class series is designated in the agency's layoff notice, then the
employee shall be permitted to bump into a lower class in the class series. Except as
authorized by subsection (b), in order for an employee with permanent status to exercise
bumping rights, the employee shall meet the following criteria.
(1) The employee to be bumped shall have a lower layoff score than the person exercising
the bumping right.
(2) The employee to be bumped shall have the lowest layoff score in the employee's job
class of anyone in a position not scheduled for layoff.
(b) No employee with permanent status shall be laid off if:
(1) there is a position filled by a probationary employee anywhere in the agency;
(2) the employee with permanent status scheduled to be laid off is interested in the
position; and
(3) the employee with permanent status is eligible for transfer or demotion to the
position pursuant to K.A.R. 1-6-24 and 1-6-27.
(c) If an agency's layoff notice permits bumping only into lower classes in which an
employee had previous permanent status, and the class or classes in which the employee had
previous permanent status have been abolished, the employee shall be afforded bumping
rights to a similar job class in a lower pay grade, if a similar job class exists as
determined by the director.
(d) Bumping procedures shall begin as soon as possible after layoff notices have been
given pursuant to K.A.R. 1-14-9. The appointing authority or designee shall develop a
schedule for an individual conference with each affected employee, starting with the
employee having the highest layoff score. The schedule of conferences shall continue in
this order until each affected employee has had such a conference. During the layoff
conference, the employee shall be informed of the bumping options available to the
employee and of the opportunity to select one such option. The employee may defer the
selection no longer than one full working day, unless a longer period of time is
authorized by the appointing authority. When an employee is unavailable on the day the
employee is scheduled for a layoff conference, the appointing authority shall reschedule
the layoff conference. If the employee fails to appear at the rescheduled conference, the
appointing agency shall not be required to hold a layoff conference with the employee and
the employee shall forfeit bumping rights. Any disputes stemming from the forfeiture of
bumping rights shall be resolved by the director. In extenuating circumstances and when
deemed to be in the best interest of the state service, group layoff conference sessions
may be authorized by the appointing authority.
(e) At the layoff conference, each employee shall be informed of the employee's right to
seek reemployment opportunities with the state, including placement assistance provided by
the division. Placement assistance shall be available to the affected employee for up to
three years after the effective date of the layoff unless the affected employee requests
in writing that the employee does not want placement assistance.
(f) Any employee who is not scheduled for layoff, but whose position will be vacated
during the layoff and bumping process, and who refuses to accept a transfer or demotion to
another position, may request to be laid off voluntarily. Any employee who has been
granted a voluntary layoff shall have reemployment rights. (Authorized by K.S.A. 1995
Supp. 75-3747; implementing K.S.A. 1995 Supp. 75-2948; effective May 1, 1984; amended Jan.
18, 1994; amended Dec. 17, 1995; amended May 31, 1996.)
1-14-11.
Furlough leave without pay. (a) If an appointing authority desires to deviate
from the standard workweek as provided in K.A.R. 1-9-1 in order to implement a
furlough plan, the appointing authority shall implement the plan in accordance
with this regulation.
(b) In accordance with subsection (c) of this regulation, if an appointing
authority deems it necessary by reason of shortage of funds, the appointing
authority may furlough without pay all employees in the classified service in
designated classes, organizational units, geographical areas, or any
combination of those groups unless specific funding sources necessitate
exceptions. "Furlough" shall be defined as leave without pay for a preset
number of hours during each pay period covered by the furlough plan. An
employee's social security and retirement contributions shall be affected
under a furlough but all other benefits, including the accrual of vacation and
sick leave, shall continue, notwithstanding other regulations to the contrary.
A furlough shall not affect the employee's continuous service, length of
service, pay increase anniversary date, or eligibility for authorized holiday
leave or pay.
(c) At least 30 calendar days before the date a furlough is to be implemented,
the appointing authority shall prepare a furlough plan specifying the
following information:
(1) The cause of the funding shortage;
(2) the effective date of the furlough and the date on which the furlough is
to end;
(3) the methods for notifying the affected employees;
(4) the amount of advance notice that will be given to affected employees,
which shall not be less than 10 calendar days;
(5) the estimated cost savings;
(6) each class, organizational unit, or geographical area to be affected;
(7) the criteria used to select each class, organizational unit, or
geographical area to be included in the furlough;
(8) any exceptions to the furlough plan based on funding sources; and
(9) the number of hours by which the workweek will be reduced, including
separate categories detailing the proposed reduction in hours by standardized
increments for exempt and nonexempt employees.
(d) A copy of each furlough plan prepared in accordance with subsection (c)
shall be submitted to the director at least 30 days before the date the
furlough is to be implemented.
(e) In no case shall this regulation be used as a disciplinary action against
an employee.
(f) This regulation shall be effective on and after June 5, 2005. (Authorized
by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5514; implementing
K.S.A. 75-3707, 75-3746, and 75-5505; effective, T-88-5, Feb. 11, 1987;
effective T-89-1, May 1, 1988; effective Oct. 1, 1988; amended May 31, 1996;
amended June 5, 2005.)
1-14-12. Layoff procedures for an
abolished agency. With the approval of the secretary of administration, alternative
procedures to the layoff provisions specified in the regulations may be established by the
director if an entire agency is abolished. (Authorized by K.S.A. 75-3747; implementing
K.S.A. 75-2948; effective Dec. 27, 1993.)
1-14-12a. (Authorized by
K.S.A. 75-3706, and K.S.A. 1996 Supp. 75-4370, 75-4371 and 75-4377;
implementing K.S.A. 1996 Supp. 75-4370, 75-4371, 75-4372, 75-4373, 75-4374,
75-4375 and 75-4376; effective, T-1-11-21-96, Nov. 21, 1996; effective Feb.
21, 1997; revoked June 7, 2002.)
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