Chapter 123:1-41 Layoffs

123:1-41-01 Layoffs.

(A) Employees in the classified civil service of the state and state-supported colleges and universities may be laid off whenever a reduction in force is necessary due to a lack of funds, lack of work, or the abolishment of positions.

(B) If it becomes necessary for an appointing authority to reduce its work force, the appointing authority shall lay off employees in accordance with sections 124.321 to 124.327 of the Revised Code and the rules of this chapter of the Administrative Code.

(C) If an appointing authority abolishes positions in the civil service, the abolishment of positions and any resulting displacement of employees shall be made in accordance with sections 124.321 to 124.327 of the Revised Code and the rules of this chapter of the Administrative Code.

R.C. 119.032 review dates: 11/29/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.321
Prior Effective Dates: 1/10/75, 7/31/82, 11/18/12

123:1-41-02 Determination of lack of funds and lack of work for agencies whose employees are paid by warrant of the director of budget and management.

(A) Determination of lack of funds. The director of the office of budget and management shall be responsible for determining whether a lack of funds exists for appointing authorities whose employees are paid by warrant of the director of budget and management. The determination of lack of funds shall be made in accordance with the rules promulgated by the director of budget and management.

(B) Determination of lack of work. The director of administrative services shall determine whether a lack of work exists for appointing authorities whose employees are paid by warrant of the director of budget and management. The appointing authority shall file along with a request for determination of lack of work, adequate information to establish that a lack of work exists. Such information may consist of a comparison between current or projected work levels and work levels when a lack of work did not exist, which may include statistical data and additional supporting materials.

(C) Verification of retention points. Verification of retention points shall not be completed prior to a determination that a lack of work or lack of funds exists.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.321
Prior Effective Dates: 8/24/81, 1/10/75, 7/31/82, 7/1/07

123:1-41-03 [Rescinded]Determination of lack of funds or lack of work for county offices, and state-supported colleges and universities and the filing of a statement of rationale and supporting information.

Effective: 02/17/2010
R.C. 119.032 review dates: 11/30/2009
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.321
Prior Effective Dates: 01/10/75, 08/05/82, 06/04/01

123:1-41-04 Abolishment of positions in the classified service.

(A) Reasons for abolishment. An appointing authority may abolish positions in the classified civil service for any of the following reasons: as a result of a reorganization for the efficient operation of the appointing authority; for reasons of economy; or for lack of work.

(B) Determination and filing a statement of rationale and supporting information. The determination to abolish positions shall be made by the appointing authority. The appointing authorities of state agencies whose employees are paid by warrant of the director of budget and management shall file with the director of administrative services a statement of rationale and supporting information for the determination to abolish positions. The statement of rationale and supporting information shall contain information as is available prior to the time the layoff notices are mailed or delivered to the employees to be laid off as a result of the abolishments.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.321
Prior Effective Dates: 1/10/75, 8/5/82, 12/1/06, 7/1/07, 1/18/09

123:1-41-06 Determination by appointing authority of classifications for layoff.

Whenever a reduction in the work force is necessary, the appointing authority shall determine the classification or classifications in which the layoff or layoffs will occur and the number of employees to be laid off within each classification.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.322
Prior Effective Dates: 7/31/82

123:1-41-07 Order of layoff of employees.

(A) Appointment categories established. For purposes of this chapter the appointment categories and order of layoff of employees are as follows: part-time probationary, part-time permanent, full-time probationary, probationary, and full-time permanent.

(B) Progression of layoff. Layoffs shall be based upon retention point order beginning with the employee having the fewest retention points and continuing to the employee with the most retention points. Retention point lists shall be compiled in descending retention point order. In cases where two or more employees have identical retention points the tie shall be broken in accordance with rule 123:1-41-09 of the Administrative Code.

(C) Order of layoff. In the classification(s) selected for layoff the appointing authority shall layoff employees and employees shall displace employees using the following "order of layoff":

(1) Part-time probationary employees in the same classification who have not completed their probationary period or six months of continuous service in the position, whichever is longer.

(2) Part-time permanent employees in the same classification who have completed their probationary period or six months of continuous service in the position, whichever is longer.

(3) Full-time probationary employees in the same classification who have not completed their probationary period or six months of continuous service in the position, whichever is longer.

(4) Full-time permanent employees in the same classification who have completed their probationary period or six months of continuous service in the position, whichever is longer.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.323
Prior Effective Dates: 7/31/82, 2/4/96, 4/5/99, 7/1/07

123:1-41-08 Verification of retention points.

(A) General. This rule is only applicable to positions in the service of the state. Employees shall be laid off using the following process for systematic consideration of continuous service. An employee's total retention points shall be the sum of the base retention points plus the retention points assigned for continuous service.

(B) Computation of retention points. The appointing authority shall compute the total retention points for each employee in the classifications affected by a layoff or position abolishment, including the classifications in which displacement may occur.

If an appointing authority indicated a different continuous service date for which retention points are calculated than the date indicated by the director, then the difference must be supported by documentation which shall be submitted with the list.

(C) Date for calculation of retention points. Retention points shall be calculated as of the pay period ending date prior to the pay period in which retention points are received by the director for verification.

(D) Submission of information to the director. The appointing authority shall submit the list of employees' computed retention points, The number of pay periods of continuous service for each employee, a list of available vacancies within the same layoff jurisdiction as applicable, statement of rationale, and supporting documentation with the request for verification. Appointing authorities shall also provide a breakdown of the dates and number of pay periods of continuous service for employees with a combination of full-time and other than full-time service. This documentation will be used to verify retention points. The list submitted for verification of retention points must identify those persons being considered for layoff and/or the positions being considered for abolishment.

(E) Verification by the director. The director shall verify the calculation of retention points of the employees of appointing authorities whose employees are paid by warrant of the director of budget and management . Notification by appointing authorities to affected employees shall not occur prior to the director's verification of retention points.

(F) Movement into and out of affected classifications. Once an appointing authority has submitted the list of retention points and employees to the director the appointing authority may not hire into or move employees into or out of affected classifications by means of promotions, intra-transfers, voluntary demotions, position control number change, lateral or classification changes, or reassignments, except that inter-transfers out of an agency or implementation of the findings of a position audit commenced prior to the date of the submission of the list for verification of retention points shall be implemented.

(G) Personnel actions and recall lists. Personnel action forms and recall lists resulting from a layoff or displacement must be received by the director at least seven calendar days prior to the effective date of a layoff or displacement. Appointing authorities whose employees are paid directly by warrant of the director of budget and management must include all forms submitted by the employee indicating the counties the employee designated as acceptable for recall purposes for reinstatement or reemployment with the personnel action forms.

(H) Notice of layoff, displacement, and sick leave conversion forms. A copy of the notice of layoff or displacement to employees shall be forwarded to the director with the personnel actions resulting from a layoff. If an employee had displacement rights in a layoff the appointing authority must indicate to the director whether or not the employee exercised those displacement rights. If the employee did not exercise displacement rights or the employee did not notify the appointing authority of a desire to exercise displacement rights, the personnel action forms or other appropriate forms, must indicate that fact.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.323 , 124.324 , 124.325
Prior Effective Dates: 1/10/75, 7/1/82, 10/25/95 (Emer.), 1/23/96, 6/4/01, 12/1/06, 2/17/10

123:1-41-09 Computation of retention points.

(A) Assignment of retention points for continuous service. Employees shall be assigned a base of one hundred retention points. Computation of retention points for continuous full-time service shall be made by crediting each employee with one retention point for each bi-weekly pay period of continuous service. For the purposes of calculating retention points, full-time service shall include service as a full-time permanent, full-time seasonal, full-time interim, or full-time temporary employee. For full-time seasonal, full-time interim, or full-time temporary service, credit will be given only for those pay periods in which the employee was scheduled to work. If an employee is in a full-time position at any time during a pay period, they are considered full-time for the entire pay period.

Retention points for continuous service for other than full-time service shall be calculated on the basis of one-half ( 0.50 ) point for each bi-weekly pay period of continuous service.

Retention points computed for full-time continuous service and other than full-time continuous service, whenever applicable, shall be combined to determine an employee's total retention points. Overtime shall not be considered for purposes of computation of retention points for continuous service.

(B) Tie breaker. In the event two or more employees have identical retention points as calculated by this rule, the tie shall be broken by utilizing the following methods, in the following order:

(1) First, employees having most recent date of continuous service from which no break in service has occurred shall be laid off or displaced first; and

(2) Second, the appointing authority shall determine the employee to be laid off or displaced first.

(C) Continuous service of employees. In the event an employee is transferred, the employee's length of continuous service will be deemed unbroken so long as no break in service occurs from one layoff jurisdiction to another. In the event an employee is transferred from one appointing authority to another or receives an appointment with another appointing authority, e.g., from one state agency to another, from a county office to a state agency, from a state agency to a state-supported college or university, etc., the employee's length of continuous service will be deemed unbroken so long as no break in service occurs from one appointing authority to another. "Continuous service" and "break in service" are defined in paragraph (A) of rule 123:1-47-01 of the Administrative Code.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.323 , 124.324 , 124.325
Prior Effective Dates: 1/10/75, 7/31/82, 10/25/95 (Emer.), 1/23/96, 6/4/01

123:1-41-10 Notification of layoff or displacement.

(A) Notification of layoff or displacement. Each employee to be laid off shall be given advance written notice by the appointing authority after the employee's retention points have been verified by the director. Such written notice shall be hand-delivered to the employee or mailed by certified mail to the employee's last known address on file with the appointing authority. If hand-delivered, such notice shall be given at least fourteen calendar days before the effective date of layoff or displacement and the day of hand-delivery shall be the first day of the fourteen-day period. If mailed, such notice shall be mailed at least seventeen calendar days before the effective date of the layoff or displacement. The day the letter is mailed shall be the first day of the seventeen-day period.

(B) Content of layoff or displacement notice. Each notice of layoff or displacement shall contain the following information:

(1) The reason for layoff or displacement;

(2) The effective date of the layoff or displacement;

(3) The employee's accumulated retention points;

(4) The right of the employee to appeal a layoff or displacement to the state personnel board of review and that the appeal must be filed or postmarked within ten calendar days after the employee is notified that he or she is to be laid off or displaced;

(5) A statement advising the employee of the right to displace another employee and that the employee must exercise displacement rights within five calendar days of the date the employee is notified of the displacement or layoff;

(6) A statement advising the employee of the right to reinstatement or reemployment;

(7) A statement that, upon request by the employee, the appointing authority will make available a copy of Chapter 123:1-41 of the Administrative Code;

(8) A statement that the employee is responsible for maintaining a current address with his or her appointing authority;

(9) A statement that the employee may have the option to convert accrued unused leave, if such opportunity to convert leave exists; and

(10) For employees of state agencies, boards, or commissions, a statement that the employee has the option to select the counties within the layoff district that the employee desires to be on the recall lists.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.321
Prior Effective Dates: 7/31/82, 2/4/96

123:1-41-11 Displacement and appeal rights of employees.

(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 shall 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 shall not be construed to be a transfer.

(C) Time to exercise displacement rights. Employees shall 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 shall displace the employee with the fewest retention points. Employees shall 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 shall displace an employee for whose position or classification requires 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 must 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 shall 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, shall be paid according to the pay range assigned to the classification into which the employee displaced or was displaced. The employee shall 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 an appeal must 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 shall 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 shall be made in accordance with the rules promulgated by the state personnel board of review.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.321 , 124.324 , 124.328
Prior Effective Dates: 7/31/82, 2/4/96, 6/4/01, 12/1/06, 7/1/07

123:1-41-12 Order of displacement for employees in the service of the state.

Employees in the service of the state who are laid-off or displaced as a result of a layoff who have the right to displace shall exercise their displacement rights in the following order:

(A) Displacement within the classification. An employee who is to be laid off or displaced may fill an available vacancy, or if no vacancy exists, displace within his or her classification. If the employee exercises the right to displace within his or her classification, he or she shall displace the employee with the fewest retention points in that classification.

(B) Displacement within the classification series. An employee who is to be laid off or displaced may fill an available vacancy, or if no vacancy exists, displace the employee with the fewest retention points in the next lower and then successively lower classifications in the classification series. This process shall continue, if necessary, until the employee with the fewest retention points in the lowest classification of the classification series has been reached and, if necessary, laid off.

(C) Displacement to a classification previously held. An employee who is to be laid-off or who is displaced may fill an available vacancy, or if no vacancy exists, displace the employee with the fewest retention points in the classification the laid-off or displaced employee held immediately prior to his or her current classification, provided the classification is lower or equivalent classification to the employee's current classification.

A laid-off or displaced employee may displace into a classification previously held if:

(1) The laid-off or displaced employee held a position in the previous classification within the three years preceding the date an employee was laid off or displaced; and

(2) The laid-off or displaced employee still meets the minimum qualifications of the previous classification; and

(3) The laid-off or displaced employee shall have successfully completed his or her original probationary period.

(D) Displacement to another appointment type. Notwithstanding the provisions of this rule, an employee shall not be required to accept a position with a lesser appointment type until the employee has had the opportunity to exercise displacement rights as provided in rule 123:1-41-11 of the Administrative Code.

(E) Displacement rights of an employee previously displaced. If, after an employee has exercised his or her displacement rights, the employee is to be laid off or displaced due to a subsequent layoff, the employee's displacement rights shall be in accordance with the classification from which he or she was first displaced, provided however, the employee has rights to reinstatement or reemployment in his or her previous classification. The employee's displacement rights from a previously held classification shall exist for a one-year period beginning with the date of the original layoff or displacement or until such time as the employee is removed from a layoff list.

Effective: 10/06/2013
R.C. 119.032 review dates: 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.321 , 124.324
Prior Effective Dates: 1/10/75, 7/31/82, 2/4/96, 6/4/01, 7/1/07, 1/18/09, 11/18/12

123:1-41-13 Layoff jurisdiction districts for state agencies, boards, commissions and independent institutions with employees in the service of the state.

(A) General. Each layoff jurisdiction is autonomous and layoff, displacement, reinstatement, and reemployment rights and procedures shall apply only within the jurisdiction affected by the layoff. The order of layoff as provided in rule 123:1-41-07 of the Administrative Code applies within each of the layoff jurisdictions.

For purposes of this chapter , an "independent institution" means an institution under the control of a managing officer or board of trustees with the power to appoint or remove employees as provided by statute whose employees are in the service of the state.

(B) District layoff jurisdiction. The order of layoff will be followed on a district-wide basis within each state agency, board, commission, and independent institution for the following districts:

(1) District 1 - Defiance, Fulton, Henry, Paulding, Williams.

(2) District 2 - Erie, Lucas, Ottawa, Sandusky, Wood.

(3) District 3 - Crawford, Huron, Marion, Seneca, Wyandot.

(4) District 4 - Allen, Auglaize, Hancock, Hardin, Mercer, Putnam, Van Wert.

(5) District 5 - Champaign, Clark, Logan, Shelby.

(6) District 6 - Darke, Greene, Miami, Montgomery, Preble.

(7) District 7 - Delaware, Fairfield, Fayette, Franklin, Licking, Madison, Pickaway, Union.

(8) District 8 - Butler, Clermont, Clinton, Hamilton, Warren.

(9) District 9 - Adams, Brown, Gallia, Highland, Jackson, Lawrence, Pike, Ross, Scioto, Vinton.

(10) District 10 - Athens, Hocking, Meigs, Monroe, Morgan, Noble, Perry, Washington.

(11) District 11 - Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Jefferson, Muskingum, Tuscarawas.

(12) District 12 - Ashland, Knox, Morrow, Richland.

(13) District 13 - Medina, Portage, Stark, Summit, Wayne.

(14) District 14 - Ashtabula, Columbiana, Mahoning, Trumbull.

(15) District 15 - Cuyahoga, Geauga, Lake, Lorain.

R.C. 119.032 review dates: 11/29/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.326
Prior Effective Dates: 1/10/75, 11/9/81, 7/31/82, 11/18/12

123:1-41-14 [Rescinded]Layoff jurisdictions for county appointing authorities.

Effective: 11/18/2012
R.C. 119.032 review dates: 08/24/2012
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.326
Prior Effective Dates: 1/10/75, 11/9/81, 7/31/82, 2/4/96

123:1-41-16 Reinstatement rights.

(A) Creation of recall lists for reinstatement. Each appointing authority which has laid-off employees shall prepare recall lists of the names and appointment types of the employees laid off. The recall lists shall be compiled by the classifications in which the employees were laid off. The names shall be listed in descending retention point order in each appointment category. These lists shall be arranged by layoff jurisdiction and shall be in reverse order of the order of layoff as established in this chapter.

The recall lists shall contain the employee's name, type of appointment, retention points, and date of commencement of continuous service. In cases of identical retention point ratings, the order of recall shall be the reverse order of the layoff. Any ties of retention points shall be broken in accordance with the procedure established in rule 123:1-41-09 of the Administrative Code.

(B) Period of eligibility on layoff lists. An employee's name shall remain on the appropriate list for a period of one year from the date the employee was first laid off or displaced from his or her original classification. These recall lists shall be thereafter administered by the director. Recall lists shall be utilized by the appointing authority only within a layoff jurisdiction.

(C) Administration of recall lists for reinstatement to vacancies without position-specific minimum qualifications.

Vacancies that occur in a classification series for which a recall list exists must be accepted or declined in writing by the first person on the recall list for that classification series before the next person on the recall list may be offered a vacancy.

(D) The administration of recall lists for reinstatement to vacancies with position-specific minimum qualifications, established pursuant to rule 123:1-7-04 of the Administrative Code, shall comply with the following requirements:

(1) Appointing authorities may request up to five names off the recall list in response to a position that has position-specific minimum qualifications. The first five names, ranked in retention point order, will be sent to the agency.

(2) Appointing authorities shall administer a valid proficiency instrument to the first person on the recall list to determine whether the person meets the position-specific minimum qualifications. Therefore, for efficiency, the appointing authority may contact all five people at once asking each one to demonstrate how that person meets the position-specific minimum qualifications attached to the position. The appointing authority must notify each contacted individual that the individuals shall only be considered in retention point order. The person with the most retention points that meets the position-specific minimum qualifications shall be awarded the position.

(3) After the appointing authority identifies the person with the most retention points that meets the position-specific minimum qualifications, that person must accept or decline the vacancy in writing before the next person on the recall list may be considered for reinstatement. If the person with the most retention points that meets the position-specific minimum qualifications declines the position, and the appointing authority contacted five people at once, the agency may review the next person from the recall list in retention point order.

(4) During the time when five names are released to one appointing authority, the director will continue to send the same five names to other agencies requesting the classification in question.

(E) In no event shall any employee on the recall list be offered a position in a classification with a higher pay range assignment or appointment category than that of the classification or appointment category from which the employee was laid off or displaced.

(F) Failure to exercise displacement rights. A laid-off or displaced employee who chooses not to exercise the option to displace shall only be entitled to reinstatement to the classification from which the employee was laid off or displaced.

(G) Prohibition of movement into classifications for which recall lists exists. In any layoff jurisdiction in which an appointing authority has any employee on a recall list, the appointing authority shall not hire or promote into the classification or the classification series subject to the recall list. An appointing authority may reassign or transfer employees within a classification and within the layoff jurisdiction for which a recall list exists unless the director determines the reassignment or transfer circumvents the recall process. Transfers of employees may not be made into a different layoff jurisdiction if a recall list exists for that layoff jurisdiction.

(H) Probationary period. Any employee reinstated under this rule shall not serve a new probationary period when reinstated; except, any employee laid off or displaced while serving an original or promotional probationary period shall begin a new probationary period upon reinstatement.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.327
Prior Effective Dates: 7/31/82, 2/4/96, 4/5/99, 1/18/09

123:1-41-17 Reemployment rights.

(A) General. Each laid-off or displaced employee, in addition to the reinstatement rights set forth in this chapter, shall have the right to reemployment with other agencies within the layoff jurisdiction. The right to reemployment is limited to the same classification from which the layoff or displacement initially occurred.

(B) Creation of recall lists for reemployment. The director shall create, by appointment type, a jurisdictional recall list for each classification by combining the recall lists of each appointing authority within a layoff jurisdiction but excluding the names of reduced employees. The name of a laid-off employee shall appear on a jurisdictional recall list for the classification and appointment category from which the employee was initially laid off or displaced.

In cases of identical retention point totals, those employees having the longest period of continuous state service, shall be placed on the list first, and if still unresolved, the director shall determine the order of names on the list.

An employee's name shall remain on the jurisdictional recall list for a period of one calendar year from the date the employee was first laid off or displaced from his or her original classification.

The director shall determine that the appointing authority's recall list for employees entitled to reinstatement to that classification has been exhausted before certifying any name from the jurisdictional recall list.

(C) Administration of recall lists for reemployment to vacancies without position-specific minimum qualifications.

A vacant position must be accepted or declined in writing by the first person on the jurisdictional recall list for that classification before the next person on the jurisdictional recall list may be considered for reemployment.

(D) The administration of recall lists for reemployment to vacancies with position-specific minimum qualifications established pursuant to rule 123:1-7-04 of the Administrative Code shall comply with the following requirements:

(1) Appointing authorities may request up to five names off the recall list in response to a position that has position-specific minimum qualifications. The first five names, ranked in retention point order, will be sent to the agency.

(2) Appointing authorities shall administer a valid proficiency instrument to the first person on the recall list to determine whether the person meets the position-specific minimum qualifications. Therefore, for efficiency, the appointing authority may contact all five people at once asking each one to demonstrate how that person meets the position-specific minimum qualifications attached to the position. The appointing authority must notify each contacted employee that individuals shall only be considered in retention point order. The person with the most retention points that meets the position-specific minimum qualifications shall be awarded the position.

(3) After the appointing authority identifies the person with the most retention points that meet the positions-specific minimum qualifications, that person must accept or decline the vacancy in writing before the next person on the recall list may be considered for reemployment. If the person with the most retention that meets the position-specific minimum qualifications declines the position, and the appointing authority contacted five people at once, the agency may review the next person from the recall list in retention point order.

(4) During the time when five names are released to one appointing authority, the director will continue to send the same five names to other agencies requesting the classification in question.

(E) Probationary period. Any employee reemployed under this rule shall not serve a probationary period when reemployed; except an employee laid off or displaced while serving an original or promotional probationary period shall begin a new probationary period.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.327
Prior Effective Dates: 1/10/75, 7/31/82, 2/4/96, 4/5/99, 1/18/09

123:1-41-18 Notification of reinstatement or reemployment.

(A) Notification of recall. Each employee recalled from layoff shall be notified of the offer of reinstatement or reemployment by certified letter. The notices of reinstatement or reemployment shall be in accordance with a format prescribed by the director.

(1) The notice of reinstatement shall contain a statement that refusal of reinstatement shall result in removal of such employee's name from the appointing authority's recall list.

(2) The notice of reemployment shall contain a statement that refusal of reemployment shall result in removal of such employee's name from the jurisdictional recall list.

(3) For vacancies with position-specific minimum qualifications, the notice of reinstatement or reemployment shall contain a statement that position-specific minimum qualifications exist and a valid proficiency instrument will be administered to determine that the person qualifies for the vacancy. The notice shall also state that failure to meet the position-specific minimum qualifications will result in disqualification for that vacancy. But his or her name will remain on the recall lists.

(B) Period for response. Each recalled employee shall be allowed ten calendar days from the date of receipt of the letter to return to work, and such time limit shall be explained to the employee in the notification of recall letter.

In the event of extenuating circumstances (e.g., illness, injury, absence from city or state or other good cause as determined by the director) preventing the employee from returning within the above time limit, the employer shall grant a reasonable extension, not to exceed sixty calendar days.

In the absence of extenuating circumstances, an employee not accepting reinstatement or reemployment within ten calendar days shall be deemed to have declined reinstatement or reemployment and the employee's name shall be removed from consideration for reinstatement or reemployment in accordance with rule 123:1-41-19 of the Administrative Code.

(C) Current address for purposes of reinstatement and reemployment. The employee shall be responsible for keeping a current address on file with his or her appointing authority. The appointing authority of state agencies, boards, or commissions and county human services departments shall notify the director of any changes in address of employees on recall lists. When the employee's agency no longer exists, the employee is responsible to notify the director of any address changes while on the recall list.

(D) Selection of counties for reinstatement or reemployment. When a state employee is laid off or displaced, he or she may select the county or counties within the affected layoff jurisdiction in which he or she is willing to accept reemployment or reinstatement. If a laid-off or displaced employee designates no counties, the employee shall be placed on recall lists for reinstatement or reemployment in all of the counties within his or her layoff jurisdiction.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.327
Prior Effective Dates: 1/10/95, 7/31/82, 2/4/96, 4/5/99

123:1-41-19 Removal from recall lists.

(A) Any employee accepting or declining reinstatement to the same classification and appointment type from which the layoff or displacement initially occurred shall be removed from both the reinstatement and jurisdictional reemployment recall lists; except that any employee declining reinstatement to a different appointment category than that from which he was laid off or displaced or declining reinstatement for reasons of hardship, as approved by the director shall not be removed from either recall lists.

(B) Any employee accepting reinstatement to a classification with a pay range lower than the classification from which the employee was laid off or displaced shall remain on the appointing authority's recall list for classifications in the classification series with pay ranges higher than the classification to which the employee was reinstated, up to and including the classification from which the employee was laid off.

(C) Any employee declining reinstatement to a classification with a pay range lower than the classification from which the layoff or displacement initially occurred shall not be removed from either the appointing authority's recall list or the jurisdictional layoff list; except such employee shall thereafter only be offered reinstatement to a classification with a pay range higher than the classification declined, up to and including the classification from which the employee was laid off.

(D) Any employee on the jurisdictional recall list accepting or declining reemployment to the same classification and same appointment type from which the employee was laid off or displaced shall be removed from the jurisdictional layoff lists.

(E) Any employee on the jurisdictional recall list accepting or refusing reemployment in a lesser appointment category from which the layoff or displacement occurred shall be removed from the jurisdictional recall list for that appointment category and any below.

(F) If not removed under paragraphs (A) to (E) of this rule, the name of any laid-off or displaced employee shall be removed from the appointing authority's recall list and the jurisdictional recall list one calendar year after the employee was first laid off or displaced from his original classification. In the event any displaced employee is subsequently laid off or displaced, such employee's name shall be removed from the recall lists one calendar year after the subsequent layoff.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.327
Prior Effective Dates: 1/10/75, 8/5/82

123:1-41-20 Inspection of layoff lists.

(A) Posting of layoff lists. At least fourteen calendar days prior to any layoff, the appointing authority shall prepare and post for inspection in a conspicuous and public place accessible to affected employees a list containing the name, continuous service date, type of appointment, status, classification, and retention points of all employees in that classification and lower classifications in the classification series and shall indicate thereon which employees will be laid off.

(B) Availability of lists and rules. The appointing authority's layoff list and copies of the administrative rules regarding layoffs shall, upon request, be made available for inspection and copying to anyone during normal working hours. A reasonable charge for reproduction may be made.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.327
Prior Effective Dates: 7/31/82, 2/4/96, 4/5/99

123:1-41-21 Layoff of employees on sick leave, leave without pay, or receiving disability leave benefits.

(A) Employees receiving sick leave at time of layoff. Employees who are on sick leave at the time a layoff is effective shall be subject to layoff, under the provisions of this Chapter. The effective date of layoff or displacement of an employee may not be extended on the basis that an employee is on sick leave.

(B) Employees on leave of absence without pay at time of layoff. An employee who is on a leave of absence without pay under the provisions of rule 123:1-34-01 of the Administrative Code at the time a layoff is effective shall be subject to layoff under the provisions of this chapter. The effective date of a layoff or of displacement for an employee may not be extended on the basis that an employee is on a leave of absence without pay.

(C) Employees receiving disability leave benefits at time of layoff. An employee who is receiving disability leave benefits under the provisions of Chapter 123:1-33 of the Administrative Code at the time a layoff is effective shall be subject to layoff under the provisions of this chapter. An employee who is to be laid off while receiving disability leave benefits shall continue to receive disability leave benefits until the period of disability is over and the employee would otherwise be able to return to work. The receipt of disability leave benefits shall be subject to the provisions of Chapter 123:1-33 of the Administrative Code.

Effective: 04/07/2013
R.C. 119.032 review dates: 01/15/2013 and 04/07/2018
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.321 , 124.385
Prior Effective Dates: 1/10/75, 7/31/82

123:1-41-22 Cash conversion of accrued leave at layoff, and restoration of leave credit.

(A) General. Any employee who is eligible for a cash conversion of their accumulated leave and who is laid off may have his or her accumulated balances of vacation, personal leave, and sick leave converted to a cash benefit according to the following:

(1) Sick leave and personal leave. Any accumulated unused balances of sick leave and personal leave may be converted to cash in accordance with the rules established in Chapter 123:1-32 of the Administrative Code; and

(2) Any accumulated unused balance of vacation may be converted to a cash payment at the time an employee is laid off.

Payment of any cash conversion made to employees paid by warrant of the director of budget and management shall be made according to the provisions of Chapter 123:1-32 of the Administrative Code and the procedures established by the director.

(B) Reinstatement of leaves. Employee's leave balances may only be reinstated if the employee's layoff is disaffirmed by the state personnel board of review and the employee submits a reimbursement for the entire amount of the leave balance previously converted.

R.C. 119.032 review dates: 09/17/2012 and 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.13 , 124.383 , 124.384 , 124.386
Prior Effective Dates: 7/31/82, 6/4/01, 12/1/06, 1/18/09