18- 389 C.M.R. ch. 12, § 2

Current through 2024-51, December 18, 2024

Section 389-12-2 - DEMOTION

A. Cause for Demotion

An appointing authority may demote an employee for inefficient performance of duties, for disciplinary reasons, or for other just causes. Such cause may include:

1. Performance During Probation

Any time during the probationary period that an appointing authority determines that the employee's performance does not meet work standards, he/she may demote the employee, except that no employee serving a probationary period following his/her transfer or promotion shall be demoted except for just cause or with his/her consent during the first thirty calendar days of the probationary period.

2. Layoff Action

An appointing authority, with the consent of the affected employee, may demote a permanent or probationary employee in lieu of layoff. No employee so demoted shall displace a permanent or probationary employee except in order of seniority as defined by Section 4 of this chapter.

3. Reinstatement from Military Leave

Any permanent or probationary employee about to be laid off because of the reinstatement or promotional appointment of an employee returning from military leave, shall be demoted to displace any employee with less seniority in any lower class in which he/she previously served unless he/she elects to be laid off. In either event the name of such employee shall be placed on an appropriate layoff register, and upon written application, will also be placed on an appropriate reemployment register.

B. Notice of Reason

The appointing authority shall furnish a permanent employee with a written statement of the reasons for demotion and shall file a copy of the statement with the Director of Human Resources prior to the effective date of action. Notice shall be given 15 calendar days prior to the effective date of this action.

C. Seniority Provision

Seniority of an employee in the class to which he is demoted shall be limited to service in the agency and shall consist of the combined total of his prior seniority in the class to which demotion occurs, in all higher classes, and in all other classes which the Director of Human Resources determines to be sufficiently similar to the class to which demotion occurs.

D. Probationary Provision

The probationary period of an employee demoted without prejudice during or at the end of his/her probationary period shall include the period of probationary service in the higher class.

E. Appeal Procedure

1. An employee may appeal a demotion action under the provisions of Chapter 13 as annotated.

2. A demotion in lieu of layoff shall not entitle the employee to a hearing in the demotion, but his/her name shall be placed on the layoff register, and upon written request may be placed on the reemployment register for the class from which demoted.

18- 389 C.M.R. ch. 12, § 2