Authority for rules promulgated in Chapter 7, Separation, is
found in the Colorado Constitution Art. XII, § 13, 14 and 15; and in
C.R.S. §§
24-50-109.5,
24-50-124,
24-50-126 and
24-50-136, C.R.S. Board rules are
identified by cites beginning with "Board Rule". Chapter 7, Separations,
revised as of 02/01/2021, unless otherwise noted.
General Principles
Board Rule 7-1. The appointing authority shall communicate,
or make a reasonable effort to communicate, with an employee before conducting
any involuntary separation. The communication may be verbal or written, and
shall provide an opportunity for the appointing authority and employee to
exchange information about the separation. If the involuntary separation is an
administrative discharge, the appointing authority shall comply with the rules
in Chapter 5, Time Off. If the involuntary separation is a disciplinary action,
the appointing authority shall comply with the rules in Chapter 6,
Performance.
Resignations and Job Abandonments
Board Rule 7-2. Resignations.
A.
Written notice of
resignation. An employee shall give written notice of resignation
directly to the appointing authority at least fourteen (14) days before the
employee's last day of work. An email to the appointing authority satisfies the
requirement of a written notice of resignation.
1. The employee and appointing authority may
mutually agree to less than fourteen (14) days between the resignation and the
employee's last day of work.
2. An
employee's failure to provide at least fourteen (14) days' notice may result in
a delay in any payout of leave and a forfeiture of reinstatement
privileges.
B.
Verbal notice of resignation. An employee who gives
verbal notice of resignation of at least fourteen (14) days before the
employee's last day of work should note that verbal notifications may delay any
leave payout and result in a forfeiture of reinstatement privileges.
C.
Withdraw of
resignation. An employee may withdraw a resignation only if the
employee requests to withdraw the resignation within seventy-two (72) hours of
when the employee first gave notice of the resignation or if permitted at the
discretion of the employee's appointing authority. The employee's request to
withdraw the resignation must be in writing to the appointing authority or to
human resources. An email to the appointing authority or to human resources
satisfies the requirement of a written withdrawal.
D.
Confirmation of
resignation. After seventy-two (72) hours from when the employee
gives notice of the resignation, but prior to the employee's termination date,
the department shall give the employee a written Confirmation of Resignation
that includes the following:
1. Confirmation
that the department received employee's notice of resignation, the date of the
resignation, the date of the employee's last day at work, and the termination
date if different from the last day of work;
2. A statement that if the employee believes
the resignation was coerced or forced, the employee may appeal the resignation
to the Board;
3. A statement that
the deadline for filing an appeal to the Board is ten (10) days from the date
of delivery of the Confirmation of Resignation; and
4. The Board's physical address, email
address, website, telephone and facsimile numbers.
E.
Delivery of the Confirmation
of Resignation. Proof of delivery of the Confirmation of
Resignation may be established by:
1. A dated
return receipt from the United States Postal Service;
2. A dated return receipt from a commercial
delivery service provider;
3. The
employee's signature affixed to the Confirmation of Resignation;
4. An affidavit of hand-delivery;
or
5. An affidavit attesting that
the sender transmitted the Confirmation of Resignation to a valid email address
combined with a copy of the email.
Board Rule 7-3. Resignations in lieu of
disciplinary action. If an employee resigns in lieu of
disciplinary action, the employee forfeits the right to file an appeal to the
Board.
Board Rule 7-4. Job
Abandonment.
A. If an
employee is absent without approved leave and advance notice for three (3)
scheduled consecutive working days, the appointing authority, after making a
reasonable effort to communicate with the employee, may construe the absence as
a job abandonment and therefore an automatic resignation.
1. In the case of a documented medical
condition, employees may seek leave retroactively if the medical condition was
of such nature that it prevented the employee from providing advance notice. In
the event an employee provides medical documentation showing that the employee
was unable to provide advance notice, appointing authorities shall not construe
the absence as an automatic resignation.
B.
Confirmation of Job
Abandonment. The appointing authority shall give the employee a
written Confirmation of Job Abandonment that includes the following:
1. The dates of the employee's absence
without approved leave;
2. A
statement that the absence is construed as an automatic resignation;
3. The effective date of the employee's
termination;
4. A statement of
whether the employee is eligible or not for rehire;
5. A statement that if the employee believes
the absence was justified, the employee may appeal the separation to the
Board;
6. A statement that the
deadline for filing an appeal to the Board is ten (10) days from the date of
delivery of the Confirmation of Job Abandonment; and
7. The Board's physical address, email
address, website, telephone and facsimile numbers.
C. Proof of delivery of the Confirmation of
Job Abandonment may be established by:
1. A
dated return receipt from the United States Postal Service;
2. A dated return receipt from a commercial
delivery service provider;
3. The
employee's signature affixed to the Confirmation of Job Abandonment;
4. An affidavit of hand-delivery;
or
5. An affidavit attesting that
the sender transmitted the Confirmation of Job Abandonment to a valid email
address combined with a copy of the email.
D. Employees who abandon their jobs may be
ineligible for rehire.
Layoff Principles
Board Rule 7-5. Appointing authorities shall consider
alternatives to minimize or avoid the need for layoffs of employees in the
state personnel system.
Board Rule 7-6. Department heads shall administer the layoff
process in accordance with this Chapter 7, Separation. Appointing authorities
cannot use the layoff process as a substitution for discipline. The layoff
process does not preclude appointing authorities from taking personnel actions,
including discipline.
7-7. The only reasons for layoff are lack of funds, lack of
work, or reorganization. The following applies to any reduction in force that
results in the elimination of one or more occupied positions regardless of the
reason for layoff:
A. For any and all
layoffs, department heads have the discretion to make the business decisions as
to how their department will continue to meet its mission after engaging in the
layoff process. These decisions include:
1.
How to meet any constitutional or statutory mandates;
2. Determining which classes or class series
will best help the department meet its mission; and
3. The level of staffing by various
classifications and/or class series and the department functions to be staffed,
either by facility location or department-wide.
B. Department heads may delegate this
authority to make any of the business decisions to subordinate appointing
authorities within the department.
1. Such
delegation shall be in writing and describe the parameters of the business
decisions to be made by the subordinate appointing authority.
7-8. Layoff Plan: After the
department makes its business decisions for all layoffs and ten (10) days prior
to issuing the first (1st) layoff notice, the department shall publish a Layoff
Plan, signed by the department head or designee, both in a conspicuous place
where all impacted parties have access to view the publication and on the
department's internet or intranet websites.
A. The purpose of the Layoff Plan is to
facilitate open and transparent strategic planning prior to the elimination of
any positions and/or services.
B.
The Layoff Plan shall include the following:
1. A description of the planned changes in
the fundamental structure, positions, or functions accountable to one or more
appointing authorities;
2. If
applicable, a list of the ranking factors and their relative weights;
3. An organizational chart setting out the
planned changes in the fundamental structure, positions, or functions
accountable to one or more appointing authorities;
4. The reasons for the change;
5. The anticipated benefits and results,
including any cost savings;
6. A
general description of the expected changes and their effects on
employees;
7. If applicable, a
description of how the work performed by the eliminated positions will be
absorbed by the department;
8. A
listing of the classes in which positions will be eliminated as contemplated in
the Layoff Plan; and
9. If there
have been any modifications to the special qualifications for positions
affected by the Layoff Plan within sixty (60) days or less prior to publication
of the Layoff Plan, a list of such positions.
C. When a function and position are
transferred to another department, the employee occupying the position
transfers.
Board Rule 7-9. After the department publishes its Layoff
Plan, the layoff of individual employees shall be made in accordance with the
procedures in Chapter 7, Separation, for determining the priorities for
layoff.
Procedures for Determining Priorities for
Layoff
7-10. In making layoff decisions, appointing authorities
shall rank employees based upon seniority, performance and applicable veterans'
preference.
Board Rule 7-11. Seniority is the total number of years of
state service plus any veterans' preference.
A. State service includes all employment for
the State of Colorado even if employed outside the state personnel
system.
B. Veterans who have
completed less than twenty (20) years of active military service receive a
preference in calculating seniority by adding years of active military service
to the total number of years of state service, up to ten (10) years.
C. The calculation of the years of state
service and active military service is rounded up for partial years.
7-12. Layoff Ranking: If applicable,
the department head shall establish the ranking formula for the affected
area(s). The formula shall be consistently applied to any certified employee
affected by the layoff process for the affected area(s). The formula shall be
communicated to all employees within the layoff plan. Employees with lower
rankings shall be separated before employees with higher rankings except as
follows:
A. As set forth in the
Colorado Constitution Art. XII, Section 15, no veteran with equal or greater
number of years of service can be displaced before a non-veteran regardless of
rank.
B. If there is a tie under
the department's formula, then the employee with the earliest start date of
employment with the State of Colorado shall be the higher ranked employee. If
the employees are still tied, then the decision shall be made by taking into
account any Equity, Diversity, and Inclusion program established by the
Director or a department.
C.
Probationary employees shall be separated before certified employees.
7-13. When a person is separated from state service based
upon documented lack of funds, lack of work or reorganization, an appointing
authority shall consider placing the person into a vacant funded position for
which they qualify. An appointing authority should consider prior experience,
past performance and tenure in making such decisions.
Board Rule 7-14. Trial service employees are treated as if
certified in the trial service class during the layoff process. Conditional
employees will be considered according to their previously certified
class.
Layoff Notice Requirements
7-15. The department shall publish the Layoff Plan at least
fifty-five (55) days before the layoff is effective.
A. These fifty-five (55) days shall include
at least 45 days' notice to a certified employee that their position is being
eliminated and they are being separated.
B. The layoff notice shall include appeal
rights.
C. Proof of delivery of a
layoff notice may be established by:
1. A
dated return receipt from the United States Postal Services;
2. A dated return receipt from a commercial
delivery provider;
3. The
employee's signature and date affixed to the layoff notice;
4. An affidavit of hand-delivery;
or
5. An affidavit attesting that
the sender transmitted the Layoff Notice to a valid email address combined with
a copy of the email.
D.
The department must provide written notice to probationary employees who are to
be laid off at least fourteen (14) days before the layoff is
effective.
7-16. Upon publishing the Layoff Plan, the department shall
give written notice to the certified employee organization that the Layoff Plan
has been published. An email to the certified employee organization's executive
director satisfies this written notice requirement.
Retention Rights
Board Rule 7-17. Certified employees who, as of January 1,
2013, were within five years of being eligible for full retirement under C.R.S.
section 24-51-602(1)(a)
shall have retention rights.
A. In
making retention decisions when there is more than one employee eligible for
retention rights, a department shall rank eligible employees based upon
performance and seniority.
B.
Unless the Board approves a request to limit the retention area, eligible
employees shall have retention rights throughout their department. If a
department requests to limit the retention area, it shall submit the request in
writing to the Board at least four (4) weeks before the monthly Board meeting
and must concurrently serve the request on all affected employees. Within two
(2) weeks of receipt of the request to limit the retention area, anyone
opposing the request may submit a written opposition to the Board. Departments
shall obtain Board approval to limit the retention area at least thirty (30)
days before publication of the Layoff Plan.
C. An eligible employee shall meet the
minimum qualifications and any bona fide special qualifications in order to
have retention rights to a position.
D. The department shall offer retention
rights to eligible employees in the following order:
1. To a funded vacant position in the same
class as the eligible employee.
2.
To an occupied position in the same class as the eligible employee if the
person occupying the position is a probationary employee.
3. To a funded vacant position in a
previously certified class of the eligible employee.
4. To an occupied position in a previously
certified class of the eligible employee if the person occupying the position
is a probationary employee.
5. To a
position in the same class as the eligible employee that is occupied by a
certified employee.
6. To an
occupied position in the same class series as the eligible employee that is
occupied by a certified employee. In such event, the offer shall be to the
highest level position in the same class series that does not result in a
promotion.
E. If there
are multiple occupied positions that an eligible employee may retain at any
step in this order, then the lowest ranked employee based on performance and
seniority shall be displaced first.
F. If the only available position at any step
in this order falls outside a seventy-five (75) mile radius of the eligible
employee's current work location, then the eligible employee may proceed to the
next step. If the eligible employee accepts an offer outside of the
seventy-five (75) mile radius, the employee can claim moving expenses as
permitted by fiscal rule.
G. When
eligible employees exercise retention rights to a position, saved pay applies
for a period of three (3) years after exercising retention rights. After three
(3) years, the eligible employee's base pay shall not remain above the grade
maximum for the position.
H. If an
eligible employee refuses a retention offer, the employee is laid off and
placed on the departmental reemployment list.
Reallocation
7-18. If a position is allocated downward and the employee
elects not to remain in the position or if a position is allocated upward and
the employee does not qualify, is not appointed or elects not to remain in the
position, the employee will be separated or, given retention rights pursuant to
the provisions of Chapter 7, Separation. If a certified employee is separated
or demoted due to an upward or downward allocation or layoff, the employee is
placed on a departmental reemployment list.
Appeals
Board Rule 7-19. All employees who are separated or who are
upwardly or downwardly allocated to a different class in the course of a layoff
shall have a mandatory right to a hearing before the Board. Acceptance of
retention rights to another position does not eliminate the employee's appeal
rights. Appeals shall be filed according to the procedures in Chapter 8,
Dispute Resolution.
Recordkeeping
Board Rule 7-20. Department heads shall provide any required
or requested information to the Director or Board in a timely manner as
requested.