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3000 Appendix


State Management Personnel Manual



[This material was issued in 1987. While still relevant, you are referred to the "Guidelines for the Administration of Reductions in Force" for accurate and more complete information.]


.210 Suspension of employees

.211 Suspension means the layoff or reduction in status of an employee due to abolition of positions in the competitive, non-competitive or labor classes.

.212 Within their own jurisdictional class, non-competitive class employees are afforded the same basic layoff protection with some exceptions as are competitive class employees.

.213 Not all non-competitive class employees are covered by the provisions of Section 80-a of the Civil Service Law. Only non-competitive employees who have tenure protection pursuant to Section 75.1(c) of the Civil Service Law are afforded layoff protection under Section 80-a and 81 of the Civil Service Law.

.214 Definition of Continuous Service for Tenure Protection
Section 75.1(c) grants protection only to non-competitive employees holding positions other than those designated in the rules of the Civil Service Commission as confidential or requiring performance of functions influencing policy. To qualify under Section 75.1(c) (as modified by negotiated agreement) employees in the non-competitive class must have completed at least one year of continuous service in the non-competitive class. Service is considered to be continuous if there has not been a break in service of over one year.

.220 Suspension of Non-competitive Class Employees

.221 With some exceptions, the suspension of non-competitive class employees is the same as the suspension of competitive class employees.

  1. Temporary employees - All temporary employees are suspended before suspending permanent non-competitive employees. Even though no set order of suspension is provided in the law for temporary employees, we recommend suspension be made beginning with the least senior.
  2. Non-tenured permanent employees - Permanent employees who do not meet the requirements of §75.1(c) are suspended next. These individuals should be ranked in seniority order amongst themselves and laid off. Non-tenured permanent employees do not have retreat or preferred list rights since they are not covered by §80-a.
  3. Tenured permanent employees - Last to be suspended are non-competitive employees who meet the requirements of §75.1(c) and who therefore have rights under §80-a. These employees are suspended beginning with the least senior.

.230 Determining Seniority

.231 Seniority for non-competitive class employees is determined in the same manner as for competitive class employees. (See 2350 .220. )

.240 Displacement Rights

.241 Once the least senior individuals occupying positions to be abolished have been identified, the next step is to consider the rights of tenured employees.
Non-competitive class employees are not eligible to vertically displace since, by definition, there are no direct promotion lines in the non-competitive class. Non-competitive class employees may displace only through retreat. (See 2350 .233. )
See 2350 .240 and .250 for placement roster, preferred list and reemployment roster rights of permanent non-competitive class employees.


.410 Agency Procedure for Layoff of Non-competitive Class Employees

.411 The steps an agency should follow are outlined on pages 8, 9 and 10 of 2350 .4. For more complete and detailed information, see the "Guidelines for Reductions in Force."

TM-17; 11/87



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