Section 22.06. Procedure for making layoffs.

 

(1)  In the layoff plan submitted to the director, under s. ER-MRS 22.05 , the appointing authority shall recommend the layoff group in which the layoff is to occur. The layoff group shall reflect the staffing processes followed for included positions. Full-time and part-time positions may constitute different layoff groups.

(2)  The appointing authority may exempt from the layoff group up to 2 employees or 20%, whichever is greater, of the number of employees in the layoff group to retain employees having special or superior skills or for other purposes as determined by the appointing authority. In addition, for affirmative action purposes, as defined in s. 230.03 (2) , Stats., the appointing authority may exempt, subject to the approval of the director, female, minority and employees with a disability in the layoff group. Exercise of these exemptions may be requested by the appointing authority as part of the layoff plan submitted under s. ER-MRS 22.05 .

(3)  The remaining employees, plus those on an approved leave of absence, in the layoff group, shall be ranked by seniority computed on the basis of continuous service as set forth in s. ER 18.02 (2) and (3) , with any resulting tied cases to be ranked, relative to each other, according to their total continuous service in the approved layoff group. If, after completing this ranking, a tie still exists between 2 or more employees, continuous service of the tied employees shall be determined by age, with the oldest employee deemed to have the greatest continuous service. Employees shall be laid off according to their continuous service ranking, with the employee with the least continuous service laid off first.

(4)  With the agreement of the appointing authority, an employee with more continuous service in the layoff group may volunteer to be terminated from employment in lieu of the layoff of an employee with less continuous service, with the guarantee that the appointing authority will not challenge the volunteering employee's eligibility for unemployment compensation, unless that employee later refuses a reasonable offer of reappointment.

History: Emerg. cr. eff. 4-25-75; cr. Register, September, 1975, No. 237 , eff. 10-1-75; renum. from Pers 2.035 and am., Register, February, 1981, No. 302 , eff. 3-1-81; am. (1) and (2), cr. (4), Register, February, 1983, No. 326 , eff. 3-1-83; am. Register, May, 1988, No. 389 , eff. 6-1-88; correction in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466 ; CR 04-138 : am. (2) Register June 2005 No. 594 , eff. 7-1-05; correction in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717 .