18-389 C.M.R. ch. 15, § 8 - Layoff: Conditions and Procedure

1. Conditions

A. An appointing authority may lay off an MMS employee by reason of abolition of position, shortage of work or funds, good-faith reorganization for efficiency purposes, or other reasons outside the employee's control which do not reflect discredit on the service of the employee.

(1) Layoffs may not be used in lieu of discipline, illegal discriminatory reasons, nepotism, political affiliation, retaliation, whistle blowing, or other circumstances that are not related to reorganization.

B. Any interruption of employment of fifteen calendar days or less is not considered a layoff.

C. Actions Associated with Reduction in Force

(1) The duties formerly performed by laid off employees may be assigned to other qualified employees.

(2) An MMS employee may be demoted by reductions in funding or headcount to other positions in the same or a lower MMS classification for which the agency determines the employee is qualified.

(a) No MMS employee may be required to accept transfer to a position more than 30 miles from his or her current worksite.

(b) No MMS employee may be required to accept demotion. MMS employees so affected may elect layoff in lieu of demotion.

2. Organizational Units

A. Organizational units may be established within an agency on the basis of geographic, functional, budgetary, statutory or other lines.

B. In the event that organizational units are established within an agency, the units will thereafter be used for layoff.

C. The appointing authority must post a listing of established organizational units.

3. Length of service determination

A. Length of service for purposes of layoff is the length of continuous employment with permanent or probationary civil service status. There shall be no pro-ration for part-time and seasonal employment.

B. Length of service of permanent or probationary employees on leave of absence or layoff will continue to accrue.

C. A former MMS employee who is on layoff and who is re-employed within three (3) years of layoff will be credited with length of service.

4. Procedure for layoff

A. When an appointing authority determines that a reduction in force in the MMS is necessary, employees who are to be laid off, transferred, or demoted must be selected in such a way as to preserve the agency's ability to effectively accomplish the mission of the agency. In making determinations, the appointing authority shall consider:

(1) Demonstrable differences between MMS employees based upon the ability and qualifications to perform the duties of the remaining MMS positions, and, demonstrable differences in the quality of past performance.

(2) Where the appointing authority determines the factors in (1) are equal, length of service will be the determining factor in implementing a reduction in force.

5. Reemployment from Layoff

A. The names of permanent MMS employees who are laid off, or demoted in lieu of layoff, must be placed on a statewide directory, which will serve as a resource for agencies in filling MMS vacancies. Retention in layoff status and placement on the statewide directory will last for a period of three years from the date of layoff.

B. An MMS employee who is on layoff, or has been demoted in lieu of layoff, may apply for any MMS vacancy for which he or she is qualified.

C. The agency shall consider an applicant's layoff status in the recruitment and selection process. An MMS employee who is on layoff, has applied for, and is qualified for an MMS vacancy may be interviewed for such MMS vacancy, either individually or concurrently with any other candidate(s).

6. Reemployment from Layoff Provisions

A. Longevity. An employee who is reemployed from layoff within three (3) years of layoff will have time on layoff count for the purpose of determining eligibility for longevity pay.

B. Vacation Accrual. Time on layoff will not count for purpose of adjustments to the vacation accrual rate.

7. Notice to Employees

A. In every case of layoff of a permanent or probationary employee, the appointing authority must give written notice at least fifteen calendar days before the date of layoff. The notice must give reasons for the layoff. A copy of the notice must be forwarded to the Director of Human Resources at the time the notice is given to the employee.

B. In the event that an employee is notified of transfer or demotion under this Chapter, the employee must inform the appointing authority of his/her decision to accept employment or to accept layoff within three workdays.

C. The appointing authority will indicate to all temporary and seasonal employees at time of hire the approximate date of termination of employment. This notice will constitute all notice required under these rules.

D. Notice to employees must include their right to grieve disputed layoff actions pursuant to 5 MRSA, §7081 - 7084.

Notes

18-389 C.M.R. ch. 15, § 8