2 AAC 07.405. Layoff

(a) An appointing authority may lay off an employee in the classified service if the employee holds a substitute appointment, if a position is abolished, if there is a shortage of work or money, or for other reasons outside the employee's control. A layoff does not reflect discredit on the service of the employee. The name of a laid-off former employee must be placed on the appropriate layoff list and may remain on it for a period of up to three years. The name of a laid-off former employee may be removed from the layoff list for any reason that an applicant would be disqualified, if the employee's application for a refund of retirement contributions from the public employees retirement system (AS 39.35) is processed, or if the employee retires under the public employees retirement system (AS 39.35) or the teacher retirement system (AS 14.25). If an employee resigns or retires, the laid-off former employee is considered to have separated without prejudice at the time of layoff.

(b) A permanent or probationary employee in the classified service may not be laid off while emergency, provisional, or nonpermanent employees are serving in the same class in the same location and the same department or organizational unit, or serving in other classes performing work to which the permanent or probationary employee could reasonably be assigned. If a permanent or probationary employee is reassigned to the emergency, provisional, or nonpermanent work, that employee shall be paid at the salary range assigned to the new position. Step placement shall be based on the rules outlined in 2 AAC 07.330, 2 AAC 07.340, or 2 AAC 07.345, as applicable.

(c) The order of layoff must be based upon performance evaluations and seniority under provisions established by the director.

(d) The appointing authority may allow an employee to volunteer for layoff before an employee whose name appears higher in the order of layoff.

(e) The appointing authority shall give a permanent or probationary employee at least two weeks' notice before the employee is laid off. The notice must be written and must state the reason for the layoff. The appointing authority shall provide the director with a copy of the notice.

(f) The names of permanent or probationary employees who are voluntarily demoted instead of being laid-off must be placed on the appropriate layoff list for the class from which demoted and remain on it for a period of up to three years or until appointed to a position at or above the salary range from which demoted, whichever comes first. The name of a laid-off former employee may be removed for any reason provided in 2 AAC 07.112.

History: In effect before 6/28/84; am 6/28/84, Register 91; am 8/19/93, Register 135; am 9/28/96, Register 143; am 8/31/2000, Register 156; am 7/22/2004, Register 175

Authority: AS 39.25.070

AS 39.25.140

AS 39.25.150

Editor's note: Even though the amendment of 2 AAC 07.405 was effective 7/22/2004, it was not published until Register 175, Oct. 2005.

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