Reduction in Force

Differences between Classified Staff, Teaching Faculty and Administrative/Professional Faculty October, 2009

Employee Classifications

Classified Staff

Salaried employee whose terms and conditions of employment are subject to the Virginia Personnel Act (Va. Code § 2.2 2900 and following) and who is employed in a classified position which is assigned to a Role Code within an Occupational Family and Career Group.

The Department of Human Resource Management (DHRM) Policies and Procedures apply to this group of employees.

Teaching and Administrative/Professionals Holding Faculty Rank

Salaried employee who is not subject to the Virginia Personnel Act; also called excepted employee. This includes teaching, research, administrative and professional faculty.

The Virginia Community College System (VCCS) Policies and Procedures approved by the State Board for Community Colleges apply to this group of employees.

Reduction in Force

Classified Positions

Identify work that is no longer needed or that must be reassigned based on functional work unit as outlined in organizational chart

Teaching and Administrative/Professionals Holding Faculty Rank

Involuntary termination of a faculty member’s employment due to: 1. a lack of funds 2. a lack of sufficient student enrollment in certain offerings or disciplines; and/or 3. a reorganization or a change in curriculum

Layoff Sequence

Classified Staff

Based on seniority within same role code and functional work unit according to the following sequence: 1. Wage employees performing the same work 2. Least senior through most senior full-time restricted employee 3. Least senior through most senior full-time classified employee

Teaching Faculty 9-month to include counselors and librarians

Based on seniority within same discipline as stated on contract

Administrative/ Professional Faculty 12-month

Position is eliminated, not the individual with the least seniority unless two or more members have the exact same position title. When two or more are involved, they shall be released in order of least seniority.

Classified Staff

Seniority

Total continuous salaried (full-time) service as a *state employee with the Commonwealth of Virginia.

Teaching and Administrative/Professionals Holding Faculty Rank

Total continuous salaried (full-time) service in a faculty rank position at the college, i.e. DCC. Ties in seniority shall be resolved by lot with the affected parties present. *

Not to be confused with prior VRS service.

Severance Benefits

Classified Staff

Years of Service (YOS)* Benefit 2 years or less 4 weeks 3 – 9 years 4 weeks + an additional week for every year over two 10 – 14 years 12 weeks + two additional weeks for every year over nine 15 or more two weeks per year not to exceed 36 weeks *completed years of continuous service

Teaching and Administrative/Professionals Holding Faculty Rank

Three (3) months of salary or the rate of pay provided in DHRM Severance Benefits policy #1.57 whichever is most advantageous to the employee.

Severance Benefits

• •

All employees affected by layoff will continue

to have health insurance coverage for 12 months following the effective date of the layoff with the state paying its portion of the monthly premium.

All employees affected by lay off will continue

to have life insurance coverage for 12 months following the effective date of the lay off with the state paying the entire premium.

Severance Benefits

• Employees who accrue annual leave (classified and administrative/professional faculty) will be paid for their unused annual leave balances (up to the maximum payout limits) either at the effective date of the layoff or at the conclusion of the 12-month severance benefit period, whichever the employee chooses .

Severance Benefit

s • • Eligible employees will be paid 25% of sick leave balances up to a max of $5,000.

VSDP participants are not eligible for payout unless they have disability credits from the traditional sick leave plan. Eligible VSDP participants (those hired prior to 01/01/99) will be paid 25% of disability credit balances up to a max of $5,000.

Severance Benefits

• • Eligible employees may take a refund of VRS contributions; however, doing so will cancel the life insurance coverage for the 12 months following the layoff effective date.

Eligible employees meeting the age and/or service requirements, may elect enhanced retirement in lieu of layoff.

Placement Options for Classified Staff

• During the time between Initial Notice and Final Notice of Layoff, the agency shall attempt to identify internal placement options for its classified employees. An employee may be assigned to a vacant position within the agency that is in the same or lower pay band for which the employee is minimally qualified. If there are no vacancies, the employee is placed on LWOP - layoff.

Placement Options for Classified Staff

• An Interagency Placement Screening Form (Yellow Form) is provided to classified employees when they are notified that they will be affected by layoff. This form is to be used by these employees to secure preferential consideration over applicants from outside an agency for positions in any executive branch for which they are minimally qualified in the same or lower pay band.

Placement Options for Classified Staff

• The yellow form is valid from the date of issue until the employee’s layoff effective date. The yellow form may be used only once .

Placement Options for Classified Staff

• Once the employee is placed on Leave Without Pay – Layoff (LWOP), the employee is given the Preferential Hiring Card (Blue Card). The Blue Card is used to exercise preferential employment rights to a vacant classified position in another agency that is in the same role code as the employee’s former position. The Blue Card may be used only once.

• •

Placement Options for Administrative/ Professionals Holding Faculty Rank

If a teaching faculty vacancy exists in the primary teaching field or discipline of the administrator/professional, the administrator/ professional may assume that position.

In the primary teaching field or discipline, an administrative/professional faculty member who previously occupied a teaching faculty position at the college (DCC) may displace a teaching faculty rank employee provided they displace a member with less seniority.

Faculty Rights Teaching & Admin/Professionals

• • • Affected faculty members shall be given the right of interview for vacant permanent positions anywhere in the VCCS provided they are qualified for said positions.

The affected faculty member’s president shall notify each college in the System that the faculty member is available for employment.

The decision to offer the faculty member an appointment proposal rests exclusively with the receiving president.

Faculty Rights Teaching & Admin/Professionals

• Affected faculty members shall have first refusal of permanent positions should they be reestablished within the remaining term of their appointment (contract).

Notice Requirements

Classified Staff

A minimum of two (2) weeks notice must be given to classified staff. DHRM policy also provides for Pre-Layoff Leave. An agency may continue an employee’s compensation for a maximum of two (2) weeks (up to 80 hours) prior to the effective date of layoff to allow the employee to seek employment in other state agencies or with other employers. This time may be granted in a block or intermittently, at the agency’s discretion.

Teaching and Administrative/Professionals Holding Faculty Rank

A minimum of sixty (60) days notice must be given to faculty rank employees.

References

• • • For Department of Human Resource Management (DHRM) policies for classified staff: http://www.dhrm.state.va.us/hrpolicy/policy.

html For Virginia Community College System (VCCS) policies for faculty rank employees: http://www.vccs.edu/Portals/0/ContentAreas/ PolicyManual/Sct3.pdf