Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-41 - Layoffs › Section 123:1-41-11 - Displacement and appeal rights of employees

Current through all regulations passed and filed through July 1, 2024
(A) Exercising of option to displace. An
			 employee who is to be laid off, or displaced as a result of a layoff, may
			 exercise displacement rights under the provisions of this chapter or be laid
			 off. Displacement occurs on the date an employee is notified that another
			 employee has exercised his or her right of displacement and that the employee
			 with fewer retention points is to be displaced. A displaced employee may
			 exercise the right to displace another employee if such right to displace
			 exists. Displacement rights of an employee may only be exercised within the
			 employees appointing authority and within the layoff jurisdiction as
			 established in this chapter. If the displaced employee does not have the right
			 to displace another employee, then the displaced employee
			 
								will be
			 laid off.
(B) Displacement related
			 to the abolishment of a position. Any displace of an employee paid by warrant
			 of the director of budget and management to another headquarter county within
			 the same layoff jurisdiction due to the abolishment of positions and the
			 operation of this chapter 
								will not be construed to be a transfer.
(C) Time to exercise displacement rights.
			 Employees 
								will notify their appointing authorities, in writing,
			 of their intention to exercise their displacement rights within five calendar
			 days after receipt of notice of layoff or displacement.
(D) Displacement of employee with fewest
			 retention points. Within the order of displacement set forth in rule
			 123:1-41-12 of the
			 Administrative Code a laid-off employee exercising displacement rights
			  displaces the employee with the fewest retention points.
			 Employees 
								will only have the right to displace employees with
			 fewer retention points in the order established in rule
			 123:1-41-07 of the
			 Administrative Code.
(E)
			 Classifications with parenthetical subtitles. For purposes of displacement, the
			 parenthetical subtitles of a classification are deemed separate, but
			 equivalent, classifications. Employees in positions with a parenthetical
			 subtitle may displace into the classification(s) in the classification series
			 with the equivalent or lower pay range(s). Employees in positions in a
			 classification series that contains parenthetical subtitles may displace
			 employees in positions with parenthetical subtitles.
Any displacement rights into or from positions with
				parenthetical subtitles are subject to the displacement provisions of this
				chapter.
(F) Displacement
			 into positions with special qualifications. No employee
			  displaces an employee for whose position or classification
			 
								has
			 special minimum qualifications unless the employee desiring to displace another
			 employee possesses the requisite minimum qualifications or bona fide
			 occupational qualifications for the position or the classification. The special
			 qualifications 
								will be established by a position description for the
			 position, by classification specification minimum qualifications statement, or
			 by bona fide occupational qualifications for the position(s) or classification.
			 The appointing authority 
								will be responsible for establishing the
			 necessity of special qualifications for a position.
(G) Rate of pay for an employee following
			 displacement. An employee exercising displacement rights to a position, or an
			 employee displaced as a result of a layoff or abolishment,
			 
								will be
			 paid according to the pay range assigned to the classification into which the
			 employee displaced or was displaced. The employee 
								will be
			 assigned to a rate in the pay range assigned to the new classification which is
			 equivalent or nearest to, but not exceeding, the rate the employee was paid in
			 his or her prior classification. If the rate the employee was assigned in his
			 or her prior classification exceeds the highest rate in the pay range assigned
			 to the new classification the employee will be assigned the highest rate
			 assigned to the new classification.
(H) Appeal rights. A classified employee may
			 appeal a layoff, or a displacement which is the result of a layoff, to the
			 state personnel board of review. Such appeal 
								will be filed or
			 postmarked no later than ten calendar days after the employee receives notice
			 of the layoff or the date the employee is displaced. An employee
			 
								will be
			 considered displaced the date the employee is notified that another employee
			 has exercised his or her right to displace the employee from the employee's
			 position. An appeal 
								will be made in accordance with the rules
			 promulgated by the state personnel board of review.