Reduction in Force Regulation 624

Regulation 624 Approved: February 17, 2011
Reduction in Force Regulation
Regulation 624
Source of Authority: North Carolina Office of State Human Resources
Revision Authority: Chancellor
History: First Issued: February 17, 2011
Related Policies: Reduction in Force, OSP Manual § 11, pp.5-6;
Equal Opportunity Policy 111;
SAAO-II & Other EHRA Employment Terms & Conditions Policy 625
Responsible Offices: Human Resources Department
Effective Date: February 17, 2011

I. Purpose

This regulation provides guidelines for proceeding fairly and systematically when separating SHRA employees in connection with a reduction in force and is designed to ensure that employees affected will be treated equitably.

II. Scope

This regulation applies to all SHRA career and non-probationary, employees.

III. Definitions

A. “Reduction in Force” or “RIF” means the separation of a permanent SHRA employee from a position because of a shortage of funds or work, position abolishment, or material change in duties or organization.

B. “Same or Related Class” means the same banded classification and competency level. Because the process of career banding merged all related (similar knowledge, skills, abilities) graded class titles into the same banded class to facilitate career development, “related class” for career banded employees would be considered lower level(s) within the same banded class.

IV. Regulation

A. UNCSA may separate an employee whenever it is necessary due to a state mandate; shortage of funds or work; abolishment of a position; or for other material changes in duties or organization. UNCSA will explore alternatives before actually laying-off employees.

B. Proposed Reductions in Force must be approved in advance by General Counsel and the Associate Vice Chancellor and Chief Human Resources Officer.

C. Notice

1. The involved department must provide verbal and written notification to the affected employee(s) at least 30 calendar days in advance of the separation date.

2. The notice must include:

a. the reason for the RIF;

b. the effective date of the RIF;

c. direction to contact Human Resources to obtain information on:

i. priority reemployment;

ii. completion of required application forms;

iii. aid in seeking employment;

iv. eligibility for Unemployment Insurance benefits; AND

v. benefits continuation.

d. the amount of severance pay due, if any;

e. notice that the employee’s sick leave will be reinstated if employed by any State agency within five years; AND

f. the right of permanent employees to appeal the reduction in force through the SHRA Grievance Policy or the Office of State Personnel, as appropriate.

D. Appeal Rights

1. An employee may appeal the separation if the employee believes that the action was retaliatory for the employee’s opposition to alleged discrimination because of the employee’s age, sex, race, color, national origin, religion, creed, political affiliation, or handicapping condition (as defined by Chapter 168A of the General Statutes) or denial of veteran’s preference.

2. The employee may appeal through the SHRA Grievance Policy or by filing directly with the Office of Administrative Hearings.

E. Priority Consideration for State Employment

1. If the affected employee desires priority consideration for State employment, UNCSA must submit an application to the Office of State Personnel requesting priority consideration.

2. If the employee does not want assistance in finding another State job, the employee will submit a written statement to that effect to UNCSA and the Office of State Personnel.

F. Vacation Leave. Affected employees may elect, subject to approval by their supervisor, to exhaust vacation leave after their last day of work and be paid in a lump sum for the balance not to exceed 240 hours. If an employee had over 240 hours of vacation leave at the time of reduction in force, the excess leave shall be reinstated if the employee is reemployed within one year.

G. This regulation must be filed w/ the Office of State Personnel.

V. Revision History

A. February 17, 2011 – Adopted by Board of Trustees as part of UNCSA Policy Manual


Reduction in Force (RIF) Procedures

Procedure 624

I. Possible Alternatives to RIF. While UNCSA may separate an employee as necessary pursuant to the RIF regulation, UNCSA will explore alternatives before actually laying-off employees. These alternatives include, but are not limited to:

A. Relinquishing Vacant Positions;

B. Exploring job sharing arrangements and work schedule alternatives;

C. Implementing a hiring freeze; and

D. Limiting purchases of items/services and business travel and expenditures

II. Layoff Procedures

A. The head of a department facing the need to reduce its number of employees shall initiate discussion with the Associate Vice Chancellor and Chief Human Resources Officer and the Vice Chancellor for Finance and Administration to ensure that the department explores other alternatives and to obtain guidance on establishing RIF priority. The Vice Chancellor for Finance and Administration in conjunction with the Director or Human Resources/EEO/AA Officer will facilitate this review of alternatives by preparing a listing of vacant positions and a listing of employees from the affected group who are eligible for early or regular retirement.

B. Guidelines for Determining RIF Priority

1. Temporary employees performing similar work must be terminated before any employee with a probationary or permanent appointment, provided that the probationary or permanent employee can perform the temporary employee’s tasks.

2. Employees with probationary appointments, as well as trainees with less than six months service, must be terminated before any employee in the same or related banded classification and competency level with a permanent appointment, provided that the permanent employee can perform the tasks of the probationary employee or trainee.

C. Consideration for reduction in force of permanent employees includes, but is not limited to, the following factors:

1. which position are most vital to the department in the delivery of services;

2. relative skills, knowledge, and productivity or employees;

3. consideration of equal employment factors as to avoid adverse impact; AND

4. length of service of employees. In determining length of service, an eligible veteran shall be accorded one year of state service for each year or fraction thereof of military service, up to a maximum of five (5) years credit

D. RIF Approval. The department seeking a reduction-in-force must submit a written request for approval of the layoff(s) to Human Resources and the General Counsel. This request must contain the following information:

1. the reason(s) for the RIF

2. the anticipated date of separation

3. the name(s) of the affected employee(s) and the justification for the decision to RIF each employee; AND

4. a listing of all vacant positions in the department that are the same or closely related.