Rule 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.
Last updated November 21, 2022 at 9:04 AM
Five Year Review Date:
Prior Effective Dates: 7/31/1982