STATE OF NEVADA DEPARTMENT OF PERSONNEL
LAYOFF
FREQUENTLY ASKED QUESTIONS

1        Why do layoffs occur?

 

Sometimes it becomes necessary for a State agency to reduce the size of its workforce. Whenever possible this is accomplished through normal attrition by not filing particular vacancies when they occur. However there are times when this is not enough and layoffs become necessary. The most common reasons for layoffs include:

• Shortage of Money
• Elimination of a position
• Material changes in duties or the organization
• Employee being restored - promoted employee or military employee returning from service (USERRA)

 

2        How are positions identified for layoff?

 

Before implementing a layoff, agencies conduct workforce planning processes.  The Department Director or Administrator shall determine which areas will be affected based on the following criteria:

o       Geographical location

o       Class series

o       Class and applicable option

o       Full or part-time positions

 

      3    How does the Department Director or Administrator consider the order in which an employee is laid off?

 

     Non-permanent employees must be laid off in the following order:

o       Emergency

o       Temporary

o       Provisional

o       Probationary

If additional reductions are necessary, permanent employees must be laid off on the basis of seniority.

 

4   What are the options for permanent employees that may be laid off?

 

In lieu of being laid off, a permanent employee may choose one of the following three options:

1. May transfer statewide within his/her department, class and option into a position held by an employee with the least amount of seniority

2. May be given the opportunity to voluntary demote (bump) to another position of the next lower level classes in his/her current class series within the department and geographical location where employed.

ü      Layoff and displacement are departmental

ü      An employee cannot displace an employee in another Department

ü      An employee in a higher class may not displace an employee in a lower class who has more seniority

ü      Employee must meet minimum qualifications for the class and option

ü      Always a downward movement

ü      Full-time and part-time must be treated separately

3. If there is no one with less seniority in the current class series, an employee may move back into his/her most recent former class

 

5     How is my salary affected if I accept a lower grade position?

 

If a lower level position is accepted, there will be no wages lost if your current salary falls within the same range of the lower grade.  If not, your salary will be placed at the highest step in the lower grade with the exception of when funding limits the ability to do so pursuant to 284.170 (c)

 

6     What information is included in a layoff notice?

 

A layoff notice must include transfer or displacement (bumping) options for

o       Statewide transfer within your department

o       Voluntary demotion to another position within the department and geographical location

o       Move back to most recent former class

 

7     How much notice of layoff will I get?

 

Permanent employees must be given minimum of 30 days written notice

 

     8      How is seniority determined?          

 

Seniority is determined by total continuous classified time

 

      9    What happens after I receive a layoff notice?

 

You will have 3 working days to advise your agency of the option you choose (i.e. transfer, voluntary demotion or move back to former class).

 

      10  What is a Reemployment 1 list?

 

When the Department of Personnel receives a copy of an official layoff notice from a State agency, including seniority calculation, the employee is immediately placed on a “Reemployment 1” list for the class and option of layoff.  This list contains the names of individuals that have been laid off for a class.  The Department of Personnel places the employees on the list in order of seniority. 

 

11  What is a Reemployment 2 list?

 

When an employee receives a layoff notice, it is his/her responsibility to indicate to the Department of Personnel what additional classes are of interest, at or below the grade level of layoff. The employee provides an updated application and completes a Reemployment Job Development form, which is evaluated for minimum qualifications to be placed on the appropriate Reemployment 2 lists.

 

These lists contain the names of laid off employees who meet the minimum qualifications for the classes they include in their Reemployment Job Development Form beyond the class occupied when laid off.

 

Reemployment 2 lists abide by the following guidelines:

 

o       Employees must complete a Reemployment Job Development Form indicating which other classes they believe they are qualified for and locations willing to work to be added to the Reemployment 2 list.

o       Classes must be at or below the grade level at the time of layoff

o       Employees must complete State application

o       Employees can add to the request list for 30 days after layoff date

o       Department of Personnel evaluates qualifications for each requested class

o       Employees are placed in order of seniority on the lists for which they meet the minimum qualifications

o       Fiscal classes require as part of meeting MQ’s that applicant take and pass a written exam

o       Employee’s name will remain on list for 1 year after the layoff date

 

12   What happens when an agency requests a hiring list or requests a recruitment?

 

Before an agency submits a recruitment request they need to contact Department of Personnel to see if there are any layoffs for the class. The Department of Personnel checks for an existing reemployment list for the class. If a reemployment list exists –

o       Department of Personnel provides it to the hiring agency

o       It has priority over other types of eligible lists

o       Names of laid off employees will appear in order of seniority

o       Laid off employees must be hired in the order on which they appear on list

 

      13   How long do I have to accept or refuse a position?

 

You must accept or refuse a position within

o       6 days after postmark

o       3 days after electronic mail sent

o       3 days after a voice mail

o       24 hours after hand-delivered inquiry or oral inquiry with the reemployment

 

      14    How long will I stay on a reemployment list?

 

Each person on the list retains reemployment rights for 1 year after the layoff date.  Reemployment rights are exhausted (removed from all lists) when a person accepts or declines an offer of employment in the layoff class or in a comparable class or in a comparable class with the same grade in the department and geographical location of the layoff (any exception to this provision must be approved by the Department of Personnel).

 

When a person accepts a position at a grade lower than that held at the time of layoff, the name will be removed from all reemployment lists that are equal to or below the grade accepted.

 

      15    Do employees who are reemployed serve a new probationary period?

 

It depends on the terms of reemployment. Employees must adhere to the following guidelines:

o       A permanent employee who has been laid off and is being reemployed in the department, class, and option from which laid off must have permanent status restored

o       A permanent employee who is reemployed in a different class or in a different department must serve a new probationary period

o       If an employee does not complete the probationary period, that employee’s name must be restored to the appropriate reemployment list for any part of the year remaining following the layoff date

 

      16    What happens after an employee’s layoff eligibility expires?

 

An appointing authority may reinstate a former permanent employee within a 2-year period following termination from state employment if the employee was separated without prejudice. The following parameters are followed:

o       The grade of the class to which a person is reinstated may not exceed the current grade of the class formerly held or a comparable class if that class has been reallocated

o       A person may not be reinstated to underfill a position allocated at grade 30 or higher if that position is allocated at a higher grade than the position the person formerly held

Reinstatement to state service includes restoration of some fringe benefits (see FAQ #17).

     

      17    What happens to my benefits if I am laid off?

 

There are a variety of impacts a layoff can have upon benefits. Please see details below for each type of benefit:

 

Annual Leave	Upon separation annual leave will be paid. May be bought back at rehire rate upon re-employment
Compensatory Time	Upon separation compensatory time will be paid
Accrued Sick Leave	If employed with 10 or more years, you will be paid for unused sick leave per NRS 284.355. If re-employed within one year from layoff date, unused sick leave remaining at time of layoff is reinstated
Longevity Pay	If rehired within 1 year, you will be eligible for the longevity pay you would have earned if you had not been laid off per NAC 284.282
Retirement	Contact PERS at 775-687-4200 (North) or 702-486-3900 (South) for more information
Life, Health Insurance and Pre-paid Child/Health Care	Coverage expires at the end of last month worked. Upon termination PEBP will send information regarding a conversion policy (COBRA) You may contact PEBP at 775-684-7000 or (800) 326-5496 for more information
Deferred Compensation	Consult with administrator of your plan for details
US Savings Bond	Any amount less than a full bond will be refunded by your payroll center
Unemployment Insurance	Unemployment claims are filed with the Employment Security Division by calling (775) 684-0350 (North), (702) 486-0350 (South), or (888) 890-8211 (from out of state). E-mail address is www.NVDETR.org.

 

18. Where can I get additional information on layoffs?

 

Additional information regarding layoffs can be found in the following sections of NAC 284

 

284.170         Initial rate of pay; effect of promotion, demotion, transfer, reappointment or reemployment; minimum step for continuous employee; rate of pay for nonclassified or unclassified employee appointed to classified position.

284.373         Inquiry of availability of eligible person.

284.386         Reinstatement of former permanent employee.

284.614         Layoffs: Procedure.

284.618         Layoffs: Voluntary demotions.

284.626         Layoffs: Notice.

284.630         Layoffs: Reemployment