2300 REDUCTIONS IN FORCE
2360 LAYOFFS IN THE NON-COMPETITIVE CLASS
[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
- 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.
- 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.
- 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.
.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
.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."
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