Section Per 1101.02 - Procedure for Layoff(a) An appointing authority shall first determine, by division, the class or classes to be affected within the agency.(b) Each employee whose position is in an affected class shall be considered with other employees in the same class within a division of an agency, as that term is defined in RSA 21-G:5, VII, in accordance with seniority, whether the employee is on duty or leave status, or receiving workers' compensation.(c) Seniority for the purpose of layoff shall be the length of continuous full-time service with the state from the last date of hire to full-time service on the basis of years, months, and days of service including military leave pursuant to Per 701.02 except that any days, months, or years of leave without pay for educational, disciplinary or personal reasons shall not be counted.(d) No permanent employee shall be laid off from any position while there are temporary fill-in or probationary employees serving in the same class of position within the same division of the agency.(e) Except in instances of an individual possessing unique credentials that are necessary for the agency to carry out a legislated mandate, seniority shall govern the order of layoff.(f) Prior to layoff, appointing authorities, with the assistance of the division of personnel, shall attempt to reassign an employee into a vacant position under the following conditions: (1) The reassignment does not result in a promotion; and(2) The employee being reassigned qualifies for the vacant position.(g) If there is no vacancy into which an employee can be reassigned as provided in Per 1101.02(f), an appointing authority shall attempt to demote an employee in lieu of layoff as long as the employee can be certified for the lower classification pursuant to Per 405.(h) An appointing authority may demote an employee in lieu of layoff when: (1) Such demotion serves to protect the efficiency of the agency; and (2) The order of demotion occurs in a similar progression as that through which the employee was promoted.(i) Upon notification of layoff, an employee with 10 or more years of continuous full-time service may bump another employee within the same division of the agency as long as the following conditions are met:(1) The employee exercising bumping privileges has more seniority than the employee being bumped;(2) The employee being bumped has fewer than 10 years of continuous full-time service; and(3) The employee exercising bumping privileges is certified pursuant to Per 405 and meets the minimum requirements and special qualifications contained in the classification specification and supplemental job description for the position into which the employee will bump.(j) Within 5 working days of the date of notice of layoff, the employee electing to bump another employee within the agency division shall notify the appointing authority of the position into which he or she intends to bump.(k) The employee electing to bump another employee within the same division of the agency who fails to notify the appointing authority of the decision to bump within the 5 work day time limit provided in Per 1101.02(j) shall lose the right to bump.(l) The employee electing to bump another employee within the same division of the agency shall only be allowed to bump into a position having a lower salary grade than the position from which he or she is being laid off.N.H. Admin. Code § Per 1101.02
(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.The amended version of this section by New Hampshire Register Number 50, eff. 11/27/2024 is not yet available.