Section 22-B8305. STAFF REALLOCATION/LAY-OFFS/SEVERANCE  


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    8305.1Policy: The PBC shall make every reasonable effort to provide preferential transfer options to employees who are displaced due to changes in departmental operations, services, and staffing needs. Should no such option be available, the PBC shall provide employees with a package of benefits to ease the transition and recognize the work he/she has provided.

     

    8305.2The following procedure applies:

     

    (a)Department Directors shall identify the position(s) to be affected based on workload census levels, consolidation of services, productivity measures and other relevant factors. Recommendations are forwarded to the appropriate Vice President for approval;

     

    (b)The Vice President shall review the recommendations of the Department Director and make a final determination based on the impact on the PBC’s ability to provide services on a continuous basis. The Vice President shall then advise the Department Director of the determination;

     

    (c)All relevant documentation shall be forwarded to Human Resources for review and direction;

     

    (d)Once a determination has been made to reallocate within existing units, restructure, or eliminate position(s), the Department Director shall take the following factors into consideration where two (2) or more employees shall be affected: matching criteria for the new position, ability to perform the work, previous work record and seniority;

     

    (e)The Department Director shall give a minimum of twenty (20) workdays notice to full-time and twenty (20) calendar days notice to part-time employees selected for reallocation or layoff and, at the same time, tell them they shall be considered for any available reallocation or vacancies for which they are qualified. The PBC may, at its discretion, offer incentives to employees to voluntarily surrender their positions;

     

    (f)Transfer/reassignment applicants shall be matched with open positions for which they qualify. Interviews shall be coordinated by Human Resources;

     

    (g)Human Resources shall explain all applicable options, including separation benefits, if any, to employees not placed within the organization;

     

    (h)If an employee is not reassigned within the notice period, the position shall be eliminated and the employee shall be laid off. Such employees shall be eligible for rehire; and

     

    (i)Severance benefits may be provided to employees who are laid off due to the elimination or restructuring of their positions. Employees shall be required to sign a release of all claims in order to obtain such benefits. Complete details of the plan may be obtained by consulting the Summary Plan Description (SPD) the PBC’s Severance Plan.

     

    8305.3Collective bargaining agreements: Union contracts often contain specific provisions covering layoff and severance for employees covered by that agreement. Department heads who have employees covered by a union contract shall consult Human Resources regarding any layoff, reallocation, recall, or severance requirements under such contracts.

     

source

Final Rulemaking published at 45 DCR 7353, 7367 (October 9, 1998).