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LAYOFF WORKSHOP. Department of State Civil Service Presented to Agency Heads, Undersecretaries and Human Resources Officers October, 2010. Partnering for a Better Louisiana www.civilservice.la.gov. LAYOFF WORKSHOP. PART 1 The Decision Process. LAYOFF – The Decision.
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LAYOFF WORKSHOP Department of State Civil Service Presented to Agency Heads, Undersecretaries and Human Resources Officers October, 2010 Partnering for a Better Louisiana www.civilservice.la.gov
LAYOFF WORKSHOP PART 1 The Decision Process
LAYOFF – The Decision General Reasons for layoff or layoff avoidance • Lack of Funds (budget reductions/shortfalls) • Lack of work (change in agency’s mission, privatizing or outsourcing, elimination of functions)
Layoff – The Decision The first and probably most important step when layoff or layoff avoidance is imminent is the agency’s decision on what to do, where, how and when.
LAYOFF – The Decision • Agency strategic plan • What is the agency’s strategy or mission? • What is being changed?
LAYOFF – The Decision • Organizational Analysis • Current structure vs. post-layoff structure • Positions • Current vs. new changed/functions • People
LAYOFF – The Decision Focus of cuts – where? which jobs (career fields)? when? Establish tentative timelines Available vacancies to fill prior to a layoff
LAYOFF – The Decision • Why is the analysis important? • Helps to determine when to layoff, which positions, where, which employees affected and if any exemptions for people or exceptions to rules are required • Potential outcome depends on decisions made CONSULTATION WITH DSCS STAFF IS CRITICAL FROM THE BEGINNING OF THE DECISION MAKING PROCESS THROUGH IMPLEMENTATION OF THE LAYOFF.
LAYOFF – The Decision • Several underlying principles must be considered in the layoff process: • Respect the need of the agencies to adapt quickly to budget reductions • Respect the taxpayers who fund the services provided by the state and citizens who are recipients of those services • Respect the commitment of employees who have chosen public service as a career
LAYOFF – The Decision Temporary appointments may be ended at any time. Probational layoffs only require notification to the employee and CS Director prior to the effective date of layoff. Permanent employee layoffs require a plan and approval of such plan by CS prior to the effective date of layoff.
LAYOFF – The DecisionComponents that Impact the Decision • Organizational unit to be affected by the layoff (the scope of the layoff) • Career field (similar jobs placed in a group or series) • Work location (commuting areas) • Effective date of the layoff • Pay level associated with the position • Adjusted Service Date • Appraisal Data
LAYOFF – The DecisionComponents that Impact the Decision Organizational unit can be defined very broadly (e.g., the entire Department) or as narrowly as to a specific program or work unit (e.g., the Accounting Department in Management & Finance). Organizational Unit draws the parameters within which the layoff will take place.
LAYOFF – The DecisionComponents that Impact the Decision • ORGANIZATIONAL UNIT • The area subject to a layoff or layoff avoidance measure, as defined at http://www.civilservice.la.gov/progasst/csrules/Chapter1/CHAP1B.HTM [Civil Service Rule 1.21.1] • See handout
LAYOFF – The DecisionComponents that Impact the Decision • CAREER FIELD • A group of jobs that have close occupational relationships, or a series of jobs that were created to provide a natural progression. • Example:
LAYOFF – The DecisionComponents that Impact the Decision • WORK LOCATION • Parish in which the targeted position resides • The agency may expand that area to include surrounding parishes.
LAYOFF – The DecisionComponents that Impact the Decision • EFFECTIVE DATE and TIMELINES • Timeline for plan development • Notification to employees and method of delivery • Approval of the plan • Implementation of the plan The total process can be expected to take at least 6 weeks. • The greatest amount of time is attributed to working out the details in the draft plan as the agency continues to make/alter decisions.
LAYOFF – The DecisionComponents that Impact the Decision • EFFECTIVE DATE and TIMELINES (continued) • Draft review takes at least 3-4 weeks depending on the complexity of the plan. • Smaller plans make take less time while larger plans may take more time. • Decision changes or tasks not completed on time may alter the effective date of the layoff. • Working out the details on the draft plan eliminates the need for detailed review of the final plan.
LAYOFF – The DecisionComponents that Impact the Decision • HR staff gathers data to help with the decision. HR staff must be included in order to provide information to management critical to the decision-making. • Generate the Layoff Determination Report (ZP12 in ISIS HR) to evaluate: • Org Unit [where the layoff is occurring] • Career field [in which groups of jobs] • Commuting area [in which parishes] • Positions [which to target] • People [in affected positions or least service]
LAYOFF – The DecisionComponents that Impact the Decision • HR Staff must ensure critical tasks are performed to provide accurate data to management for the decision. • Verify adjusted service dates for all employees to determine who has least state service. • Review performance appraisal data for “Poor” and “Needs Improvement” ratings. • Identify employees with least service for the LIFO (Last In, First Out) concept.
LAYOFF – The DecisionComponents that Impact the Decision • Applying the LIFO (Last In, First Out) concept: • STEP 1: Least service employees are laid off first. • Employees with specific competencies, qualifications, extraordinary performance or experience may be exempt from the layoff (up to 20% of the total number of employees in the layoff).
LAYOFF – The DecisionComponents that Impact the Decision • Applying the LIFO (Last In, First Out) concept: • STEP 2: Positions that are vacated in the LIFO are used to make ‘relocation’ offers to employees who have more service and are in targeted positions. • Relocation means to move from a targeted position to a vacancy created by applying the LIFO.
LAYOFF – The DecisionComponents that Impact the Decision • Applying the LIFO (Last In, First Out) concept: • STEP 3: The agency has the discretion to relocate an employee to any of the vacancies (created by the LIFO) that best suits the agency’s mission.
LAYOFF – The DecisionComponents that Impact the Decision • Upon review of the data, an agency may determine that • A variety of scenarios may be considered with different conclusions or outcomes. • A different strategy may be necessary such as implementing layoff avoidance measures rather than a layoff, or implementing a layoff avoidance measure until the layoff plan can be developed.
LAYOFF – The DecisionComponents that Impact the Decision • Layoff avoidance measures are short term solutions taken to help prevent a layoff. • Actions taken by an appointing authority • Requires Director and/or Civil Service Commission approval
LAYOFF – The DecisionComponents that Impact the Decision • Layoff Avoidance Options are: • Not granting merit increases • Granting reduced merit increase • Reductions in work hours • Furloughs – immediately stops payroll • Retirement Incentive • Each has specific parameters and limitations and are meant to resolve short-term issues. Some can be used in the interim while developing a layoff plan when layoff is imminent.
LAYOFF – The DecisionSummary • The decision: • Determine the agency’s strategy, mission and goals • Conduct an organizational analysis to determine what the new organization will be post-layoff • Determine the organizational unit or scope of the layoff(broad or narrow), the career fields (job group that is affected), commuting area (which parish(es)
LAYOFF – The DecisionSummary • The decision (continued): • Determine the effective date the layoff needs to occur (at least 6 weeks total from the date the draft is submitted to DSCS for review) • Target the positions for abolishment in the affected organizational unit(s), job groups (career fields) and parishes (commuting areas)
LAYOFF PROCESSSummary • The decision (continued): • Generate the Layoff Determination report (HR) to identify affected people in the targeted positions • Review affected employees’ performance ratings • Determine those employees with least service. They will be laid off first creating vacant positions for relocation offers (last in-first out concept). • Determine if exemptions are needed for employees with special skill sets, licensure or certification requirements, etc.
LAYOFF PROCESSSummary • The decision (continued): • Determine if exceptions to any rules are required. • Determine relocation offers for eligible employees into vacancies where skills and competencies are best utilized, if available and if applicable. • Submit the draft plan for review; work out the details. • Notify the employees of the proposed plan. • Submit the final (signed) plan for approval. • Notify the employees of the approved plan. • Implement the layoff.
LAYOFF – The DecisionSummary • The Final Step, with required timelines, may influence the decision on layoff effective date: • Notification to employees of the proposed plan • Submitting the final plan to DSCS • The period for employee comment (required before plan approval) • Notification to employees of the approved plan • Implementation of the layoff
LAYOFF PROCESS QUESTIONS ??? This presentation will be placed on the Department of Civil Service website at www.civilservice.la.gov under HR Handbook, Layoff Issues.
LAYOFF WORKSHOP PART 2 The Technical Process
LAYOFF – HR TASKSThe Technical Process • Now that the decision is made, what is next? • HR staff works with agency management and Civil Service to finalize the details of the layoff plan and to provide guidance to management in the implementation of the layoff. CONFIDENTIALITY is maintained between agency management, Human Resources and Civil Service on this sensitive and delicate information.
LAYOFF – HR TASKSGathering Data • Generate the ZP12, Layoff Determination Report in ISIS HR; if a non-ISIS agency, generate a list to determine which positions and people will be impacted by a layoff. • The ZP12 report should reflect the: • Organizational Unit • Career Field • Work Location • Pay level • Adjusted Service Date • Appraisal Data • Employee contract type (permanent, probational, etc.)
LAYOFF – HR TASKSEvaluating the Data • Evaluatethe ZP12 report or Layoff Determination Report • Identify employees with Poor or Needs Improvement performance ratings • Identify employees with least state service • Will any exemptions be needed? • Job Appointments • Restricted Appointments • Probational Appointments
LAYOFF – HR TASKSEvaluating Data • Assess New Organizational Structure • Which positions will be available for relocation offers? • What are the skills / competencies of employees who are in targeted positions? • Match employees remaining in targeted positions with available ―”vacancies” created as the result of layoff of least senior employees
LAYOFF – HR TASKSCreating the Layoff Plan • Draft the Layoff Plan • Affected Organizational Unit • Reasons for layoff • Avoidance measures • Proposed effective date • Commuting area • For positions to be abolished, list • Parish(es) where positions are domiciled • Affected job titles • Career field for each affected job title • Number of positions for each affected job title
LAYOFF – HR TASKSCreating the Layoff Plan • Career Field 9999 –propose expansion or explain why not. Expansion should be based on each individual employee’s career path or career progression (review SF-10’s, CS application) • For employees expected to be laid off, list • Parish • Career field • Name • Job title • Adjusted service date
LAYOFF – HR TASKSCreating the Layoff Plan • For employees who will receive relocation offers, list: • Parish • Career field • Name • Job title • Adjusted service date • Job title planned to be offered
LAYOFF – HR TASKSCreating the Layoff Plan • Exemptions granted (usually people) • Exceptions requested (usually rules) • Effect on unclassified employees (authorized by the Director or Commission) in affected Organizational unit • Effect of contracts –existing or planned
LAYOFF – HR TASKSNotice Requirements • Fiscal Impact Statement to OPB; must be submitted 5 working days prior to General Notice Posting • General Notice of Impending Layoff • Agency bulletin boards • Agency website • •Agency Email System
LAYOFF – HR TASKSNotice Requirements • Individual Notices • Issued when layoff plan draft approved by CS Assistance Coordinator • Employee comment period begins after last notice is issued • Hand Delivery vs. Mail (must give longer period if sent via mail)
LAYOFF – HR TASKSNotice Requirements • Final Notice of Layoff or Relocation • No earlier than 5 days after the last individual notice is issued AND • Only after CS Director approval of layoff plan—appointment freeze period begins • Last notice must be issued at least 5 days prior to effective date of layoff
LAYOFF – HR TASKSAfter the Layoff • Post-Layoff Report (Report of Final Actions) • Report of all personnel actions for affected employees • Due 15 days after layoff effective date
LAYOFF – HR TASKSDepartment Preferred Reemployment List • Who is eligible? • Employees with relocation rights • Laid-off employees • Limitations on eligibility • Limited to career field from which employee was laid off—equivalent jobs and lower • Limited to the department where layoff occurred
LAYOFF – HR TASKSDepartment Preferred Reemployment List • Ineligible Employees • Employees who moved laterally • Employees who declined offer within the org unit, commuting area & career field • Employees with “Poor” or “Needs Improvement” PPR rating • Non-permanent employees • Employees who retired from state service
LAYOFF – HR TASKSDepartment Preferred Reemployment List • Two-year eligibility • Re-employed with permanent status • New anniversary date if break longer than one year • Removed from list upon declination of offer
LAYOFF – HR TASKS QUESTIONS ??? This presentation will be placed on the Department of Civil Service website at www.civilservice.la.gov under HR Handbook, Layoff Issues.