California Code of Regulations › Title 2 - Administration › Division 5 - State and Federal Grant-in-Aid Program Merit Systems › Chapter 2 - Department Administered Interagency Merit System for Program Employees › Section 17042 - Reduction in Force

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				the event that the Local Agency determines a reduction in the number of Program
				employees is necessary, the Local Agency shall follow the procedures
				established in its Personnel System for reductions in force. Such procedures
				may include but are not limited to requirements for how and when notice is
				given to the affected employees, limits on appointments to vacant positions
				pending completion of the reduction in force, and provisions for creating
				reemployment lists of those employees laid off or demoted through the reduction
				in force process.
(b)
(1) For the purposes of the Local Agency
				reduction in force process, seniority shall be calculated for Program employees
				as for any other employee of the Local Agency with the exception that Program
				employees hired prior to the effective date of this regulation shall retain the
				seniority accrued prior to the effective date of this regulation, as provided
				in subsection (2). Program employees who are hired after the effective date of
				this regulation shall accrue seniority in accordance with the Personnel System
				of the Local Agency.
(2) In
				addition to other seniority to which a Program employee is entitled, Program
				employees with permanent or probationary appointments in a Local Agency
				overseen by the Department prior to the effective date of this regulation shall
				be credited with all seniority accrued as of the effective date of this
				regulation as provided in this subsection. After the effective date of these
				regulations, these Program employees will accrue seniority in accordance with
				the Personnel System of the Local Agency.
(A)
				Program employees who were appointed on a permanent or probationary basis prior
				to the effective date of this regulation shall be credited for all employment
				in any Local Agency governed by this division if that employment was not broken
				by a permanent separation of six (6) months. When there had been a permanent
				separation of six (6) months or more, credit earned is only for employment
				following such break in service. Program employees hired from a reemployment
				list regained all previously earned seniority on the date of reemployment. A
				Program employee who transferred to another department in the same Local
				Agency, and who subsequently returned to the Program without a permanent
				separation, retains seniority earned prior to the transfer from the
				Program.
(B) One point of seniority
				credit shall be given for each qualifying month of service earned prior to the
				effective date of these regulations.
(C) Notwithstanding the provisions of
				subsection (b)(2)(A), Program employees who were on approved leaves of absence
				such as educational leave, military leave, maternity leave, and disability
				leave shall retain seniority accumulated before the leave of absence. The time
				the Program employee spends on such approved leave of absence shall not be
				included in the seniority score computation except that a Program employee who
				was on industrial disability leave shall have that time credited in the
				seniority score computation.