Common use of LAYOFF AND REINSTATEMENT Clause in Contracts

LAYOFF AND REINSTATEMENT. Layoffs shall be governed by the Rules and procedures of the Personnel Advisory Board and the Division of Personnel. Layoffs within non-merit agencies shall be governed by these agencies’ policies. Among other things, the rules provide: In the event that layoffs are needed, the appropriate appointing authority will determine the specific positions to be eliminated. A. No regular employee in an affected class shall be laid off until any emergency, provisional, temporary and limited temporary employees in the same classification under the same Appointing Authority, as filed with the Division of Personnel, are laid off. Reemployment and reinstatement probationary employees shall be considered as regular employees for purposes of implementing a layoff. A review of unclassified employees, including PRN, performing duties of the affected class will be conducted prior to a layoff. However, if no regular employee subject to layoff elects to accept a transfer or demotion in lieu of layoff to a position occupied by a provisional, temporary or probationary employee, an employee with this employment status may be retained. B. If a regular employee must be laid off due to a shortage of work or funds, the abolition of a position, or other material change in duties or organization, or for other reasons which are outside the employee’s control and which do not reflect discredit on the services of the employee, these layoffs shall be by inverse order of service credit (Service credit is defined as state service under Missouri State Employee’s Retirement System (MOSERS) or MoDot and Patrol Employees’ Retirement System (MPERS) creditable service, as applicable, less any purchased service, but including service for which a deferred retirement lump sum option was exercised, and by class under the same Appointing Authority, as filed with the Division of Personnel, involved. When these employees are laid off they will be placed on an appropriate reinstatement register(s) as outlined in Section 4.