Section 17042 - Reduction in Force(a) In the event that the Local Agency determines a reduction in the number of Program employees is necessary, the Local Agency shall follow the procedures established in its Personnel System for reductions in force. Such procedures may include but are not limited to requirements for how and when notice is given to the affected employees, limits on appointments to vacant positions pending completion of the reduction in force, and provisions for creating reemployment lists of those employees laid off or demoted through the reduction in force process.(b)(1) For the purposes of the Local Agency reduction in force process, seniority shall be calculated for Program employees as for any other employee of the Local Agency with the exception that Program employees hired prior to the effective date of this regulation shall retain the seniority accrued prior to the effective date of this regulation, as provided in subsection (2). Program employees who are hired after the effective date of this regulation shall accrue seniority in accordance with the Personnel System of the Local Agency.(2) In addition to other seniority to which a Program employee is entitled, Program employees with permanent or probationary appointments in a Local Agency overseen by the Department prior to the effective date of this regulation shall be credited with all seniority accrued as of the effective date of this regulation as provided in this subsection. After the effective date of these regulations, these Program employees will accrue seniority in accordance with the Personnel System of the Local Agency. (A) Program employees who were appointed on a permanent or probationary basis prior to the effective date of this regulation shall be credited for all employment in any Local Agency governed by this division if that employment was not broken by a permanent separation of six (6) months. When there had been a permanent separation of six (6) months or more, credit earned is only for employment following such break in service. Program employees hired from a reemployment list regained all previously earned seniority on the date of reemployment. A Program employee who transferred to another department in the same Local Agency, and who subsequently returned to the Program without a permanent separation, retains seniority earned prior to the transfer from the Program.(B) One point of seniority credit shall be given for each qualifying month of service earned prior to the effective date of these regulations.(C) Notwithstanding the provisions of subsection (b)(2)(A), Program employees who were on approved leaves of absence such as educational leave, military leave, maternity leave, and disability leave shall retain seniority accumulated before the leave of absence. The time the Program employee spends on such approved leave of absence shall not be included in the seniority score computation except that a Program employee who was on industrial disability leave shall have that time credited in the seniority score computation.(c) A Program employee may appeal to the Department a reduction in force decision affecting his or her employment. Prior to filing an appeal with the Department, the employee shall attempt to resolve the dispute directly with the Local Agency. In the event the Local Agency and the Program employee are unable to resolve the dispute, the Program employee must notify the Department in writing of his or her appeal and the basis for the appeal. The Program employee must attach evidence that a remedy was sought from the Local Agency and denied. The appeal must be received by the Department within 30 calendar days of the date on which the Program employee was notified that the Local Agency would not provide the relief the Program employee requested.(d) The scope of appeal is limited to:(1) The Local Agency's failure to comply with an element of the Personnel Plan that adversely impacted the appellant in particular.(2) Miscalculation of the appellant's seniority score where seniority is a factor in the order of lay-off.(e) The Department shall resolve the appeal by reviewing documents submitted by the parties and such other evidence as the Department may request. The Department may in its discretion schedule an evidentiary hearing. The Department shall render a decision within 60 calendar days of submission of all of the evidence.(f) The reduction in force process shall not be delayed by the filing of any appeal unless the Local Agency determines a delay is appropriate.Cal. Code Regs. Tit. 2, § 17042
1. New section filed 6-23-2016; operative 6-23-2016. Submitted to OAL for filing and printing only (Register 2016, No. 26). Note: Authority cited: Sections 19800, 19801, 19803 and 19811, Government Code. Reference: Sections 19803 and 19805, Government Code.
1. New section filed 6-23-2016; operative 6/23/2016. Submitted to OAL for filing and printing only (Register 2016, No. 26).