APPLICABILITY & PURPOSE

This Personnel Management Regulation (PMR) defines rules pertaining to employees who separate from County employment for non-disciplinary reasons.

CONTENTS

48.1 Resignation
48.2 Reduction in Force (Lay off)
A. Authority to Reduce in Force (Lay off)
B. Order of Lay off
C. Seniority Defined
D. Criteria if Seniority is Equal - Departmental Seniority Determination
E. Criteria if Seniority is Equal - Date Determination
F. Exceptions
G. Bumping
H. Transfer in Lieu of Lay Off
I. Notice of Lay Off
J. Regular, Fixed Term Employee Exception
48.3 Exhausting All Leave
48.4 Job Abandonment
48.5 End of Fixed Term Appointment
48.6 Physical or Mental Incapacity
48.7 Retirement
APPROVAL

FORMS AND ATTACHMENTS

Not applicable.

48.1 Resignation

A regular employee who wishes to leave employment in good standing will file a written notice of resignation with the appointing authority, giving at least two weeks' notice of intention to leave unless the appointing authority consents, in writing, to shorter notice. The notice of resignation will be accepted in writing and copies of both forwarded by the appointing authority to the Director of Human Resources for inclusion in the employee's personnel file and arrangement for an exit interview with the Human Resources Department. A regular employee who leaves without so filing a written resignation, as prescribed above, will have the fact entered in the employee's personnel file and may be denied entrance to future examinations. The name of an employee who resigns against whom charges are pending or while under suspension, will be subject to removal from all eligible lists and may be excluded from future examinations. An employee whose name is on a promotional eligible list and who resigns will be removed from the promotional list.

48.2 Reduction in Force (Lay off)

A. Authority to Reduce in Force (Lay off). The Board of Supervisors may abolish a position and lay-off, demote or transfer the employee holding the position in the interest of sound management.

B. Order of Lay off. Lay-offs will be made by classification within a department. The order of lay off is:

1. Extra hire employees in the classification.

2. Probationary employees in the classification.

3. Regular employees under-filling the affected classification or in the lower class of a sliding class.

4. Regular employees, in the inverse order of seniority.

C. Seniority Defined. Seniority is time served in the classification and any higher classification. Neither time spent on leave of absence without pay nor time spent as an extra-hire, provisional, emergency, or special appointment employee will count toward determining seniority. Unless an applicable collective bargaining agreement indicates otherwise, seniority for part time employees will be pro rata based on the relationship of their part time employment to full time employment.

D. Criteria if Seniority is Equal - Departmental Seniority Determination. If two or more employees have equal seniority, departmental seniority will be determinative. Departmental seniority is the total time employed in the department, regardless of classification. Neither time spent on leave of absence without pay nor time spent as an extra hire, provisional, emergency, temporary or special appointment employee will count toward determining seniority.

E. Criteria if Seniority is Equal - Date Determination. If the classification and departmental seniority of two or more employees is equal, then the date of the regular appointment is determinative, favoring the employee with the earliest appointment date. If the date of regular appointment is identical, then the date of certification is determinative. If the date of certification is equal, then the date of application is determinative. If the date of application is equal, then seniority will be determined by flipping a coin.

F. Exceptions. If the appointing authority determines that the public interest will be served by not following the criteria set forth in 48.2.B through 48.2.E, above, the appointing authority can designate a more senior employee to be laid off upon a showing of demonstrable superiority of performance and/or qualifications of the employee to be retained. If that determination is made, the laid off employee may appeal to the Personnel Commission seven (7) calendar days after written notice of lay off. The Commission will hold a hearing within twenty one (21) calendar days after receipt of the appeal and make a decision within seven (7) calendar days thereafter, which is final.

G. Bumping. An employee designated to be laid off may displace (“bump”) an employee with less seniority in a classification at the same salary level within the same department or the next lower classification in the same department if the employee previously held regular status in the classification. The employee must meet the minimum qualifications of the position into which the employee seeks to bump. A part time employee with more seniority may bump a full time employee from that part-time portion of the hours worked. The employee who is bumped may bump in the same manner as set forth in PMR 48.2 B-F.

H. Transfer in Lieu of Lay Off. The Human Resources Department will attempt to transfer an employee to be laid off prior to the effective date of lay off to a vacant position for which they meet the minimum qualifications. An employee who does not accept the transfer will be laid off.

I. Notice of Lay Off. Unless a collective bargaining agreement provides otherwise, regular employees to be laid off will be given fourteen (14) calendar days prior written notice. The notice will inform employees of their bumping rights, if any. Bumping rights must be exercised within seven (7) calendar days of notice of lay off.

J. Regular, Fixed Term Employee Exception. Employees in regular, fixed term appointment may be laid off as described in A above, but are not subject to or eligible for these displacement procedures.

48.3 Exhausting All Leave

When an employee exhausts all paid leaves, including time afforded public safety employees pursuant to Government Code section 4850, supplemental leave provided through Catastrophic Leave Donation or otherwise, and any approved leave of absence without pay including Family Medical Leave, and still is not able to return to work, the employee will be separated from employment. The County will apply for disability retirement on the employee’s behalf if appropriate, consistent with State law. The employee may be eligible for a hearing before the appointing authority.

48.4 Job Abandonment

An employee is deemed to have resigned if the employee is absent for five consecutive workdays without prior authorization and without notification during the period of absence. On the third working day of unauthorized absence, the supervisor will send an overnight letter or a process server to the employee’s last known address informing the employee that if the employee fails to report to work within two workdays, or receive authorization for such absence, the employee will be deemed to have resigned. Employees separated from employment for job abandonment will be reinstated with such charge removed from the employee’s record upon presentation of justification for absence such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. Employees have no right to appeal if deemed to have resigned as a result of job abandonment.

48.5 End of Fixed Term Appointment

When an appointment is made for a fixed term and that term ends, the separation is simply due to completion of the term and is in no way a disciplinary separation.

48.6 Physical or Mental Incapacity

If an employee is determined by their own or the County’s physician to be unable to perform the essential functions of the job, with or without reasonable accommodations (if disabled), or without presenting a direct threat to the health and/or safety of others, and all relevant benefits (e.g. FMLA, GC 4850) have been exhausted, the employee may be separated from employment due to physical or mental incapacity where appropriate. The County will apply for disability retirement consistent with State law. The employee may be eligible for a hearing before the appointing authority.

48.7 Retirement

A regular employee who wishes to and is eligible to retire will submit the appropriate paperwork to the Retirement Office, and file a written notice of retirement with the appointing authority, giving the maximum notice possible. The notice of retirement will be accepted in writing and copies of both forwarded by the appointing authority to the Human Resources Department.

APPROVAL

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor

Approved: ss/President, Board of Supervisors