Seniority Determinations a. Seniority for purposes of layoff and recall is the length of continuous employment with permanent or probationary civil service status. There shall be no proration for part time and seasonal employment. Transfer and Demotion in Lieu of Layoff a. Employees who are laid off from their positions must be offered transfer in lieu of layoff to a vacant position in the same job classification or, if no vacant positions are available, to the position in the same job classification occupied by the employee with least seniority, provided the employee has greater seniority than the employee to be displaced. Transfer must be by agency, or by organizational unit, as appropriate. An employee must be offered demotion if the employee has no transfer rights to any position in the same classification.
Demotion is limited to classifications previously held, with status, by the employee.
Demotion rights are limited to positions that are either vacant or occupied by the least senior employee in the agency or organizational unit for which the employee to be demoted has greater seniority. Equal Seniority a. Where it is determined that seniority is equal, transfer or demotion rights will be determined by the date of acquisition of permanent status. If transfer or demotion rights cannot be determined by date of acquisition of permanent status, these rights will be determined by the appointing authority in such a manner as to conserve to the state the services of those employees deemed most valuable. In the event that a probationary or permanent employee is to be laid off from any position while any project, acting capacity or otherwise temporary employee is working in any classification for which the probationary or permanent employee may have transfer or demotion rights, the permanent or probationary employee must be offered the work.