Authority for rules promulgated in Chapter 7, Separation, is found in the Colorado Constitution Art. XII, § 13, 14 and 15; and in C.R.S. §§ 24-50-109.5, 24-50-124, 24-50-126 and 24-50-136, C.R.S. Board rules are identified by cites beginning with "Board Rule". Chapter 7, Separations, revised as of 02/01/2021, unless otherwise noted.
General Principles
Board Rule 7-1. The appointing authority shall communicate, or make a reasonable effort to communicate, with an employee before conducting any involuntary separation. The communication may be verbal or written, and shall provide an opportunity for the appointing authority and employee to exchange information about the separation. If the involuntary separation is an administrative discharge, the appointing authority shall comply with the rules in Chapter 5, Time Off. If the involuntary separation is a disciplinary action, the appointing authority shall comply with the rules in Chapter 6, Performance.
Resignations and Job Abandonments
Board Rule 7-2. Resignations.
A.Written notice of resignation. An employee shall give written notice of resignation directly to the appointing authority at least fourteen (14) days before the employee's last day of work. An email to the appointing authority satisfies the requirement of a written notice of resignation. 1. The employee and appointing authority may mutually agree to less than fourteen (14) days between the resignation and the employee's last day of work.2. An employee's failure to provide at least fourteen (14) days' notice may result in a delay in any payout of leave and a forfeiture of reinstatement privileges.B.Verbal notice of resignation. An employee who gives verbal notice of resignation of at least fourteen (14) days before the employee's last day of work should note that verbal notifications may delay any leave payout and result in a forfeiture of reinstatement privileges.C.Withdraw of resignation. An employee may withdraw a resignation only if the employee requests to withdraw the resignation within seventy-two (72) hours of when the employee first gave notice of the resignation or if permitted at the discretion of the employee's appointing authority. The employee's request to withdraw the resignation must be in writing to the appointing authority or to human resources. An email to the appointing authority or to human resources satisfies the requirement of a written withdrawal.D.Confirmation of resignation. After seventy-two (72) hours from when the employee gives notice of the resignation, but prior to the employee's termination date, the department shall give the employee a written Confirmation of Resignation that includes the following:1. Confirmation that the department received employee's notice of resignation, the date of the resignation, the date of the employee's last day at work, and the termination date if different from the last day of work;2. A statement that if the employee believes the resignation was coerced or forced, the employee may appeal the resignation to the Board;3. A statement that the deadline for filing an appeal to the Board is ten (10) days from the date of delivery of the Confirmation of Resignation; and4. The Board's physical address, email address, website, telephone and facsimile numbers.E.Delivery of the Confirmation of Resignation. Proof of delivery of the Confirmation of Resignation may be established by: 1. A dated return receipt from the United States Postal Service;2. A dated return receipt from a commercial delivery service provider;3. The employee's signature affixed to the Confirmation of Resignation;4. An affidavit of hand-delivery; or5. An affidavit attesting that the sender transmitted the Confirmation of Resignation to a valid email address combined with a copy of the email.Board Rule 7-3. Resignations in lieu of disciplinary action. If an employee resigns in lieu of disciplinary action, the employee forfeits the right to file an appeal to the Board.
Board Rule 7-4. Job Abandonment.
A. If an employee is absent without approved leave and advance notice for three (3) scheduled consecutive working days, the appointing authority, after making a reasonable effort to communicate with the employee, may construe the absence as a job abandonment and therefore an automatic resignation. 1. In the case of a documented medical condition, employees may seek leave retroactively if the medical condition was of such nature that it prevented the employee from providing advance notice. In the event an employee provides medical documentation showing that the employee was unable to provide advance notice, appointing authorities shall not construe the absence as an automatic resignation.B.Confirmation of Job Abandonment. The appointing authority shall give the employee a written Confirmation of Job Abandonment that includes the following: 1. The dates of the employee's absence without approved leave;2. A statement that the absence is construed as an automatic resignation;3. The effective date of the employee's termination;4. A statement of whether the employee is eligible or not for rehire;5. A statement that if the employee believes the absence was justified, the employee may appeal the separation to the Board;6. A statement that the deadline for filing an appeal to the Board is ten (10) days from the date of delivery of the Confirmation of Job Abandonment; and7. The Board's physical address, email address, website, telephone and facsimile numbers.C. Proof of delivery of the Confirmation of Job Abandonment may be established by:1. A dated return receipt from the United States Postal Service;2. A dated return receipt from a commercial delivery service provider;3. The employee's signature affixed to the Confirmation of Job Abandonment;4. An affidavit of hand-delivery; or5. An affidavit attesting that the sender transmitted the Confirmation of Job Abandonment to a valid email address combined with a copy of the email.D. Employees who abandon their jobs may be ineligible for rehire.Layoff Principles
Board Rule 7-5. Appointing authorities shall consider alternatives to minimize or avoid the need for layoffs of employees in the state personnel system.
Board Rule 7-6. Department heads shall administer the layoff process in accordance with this Chapter 7, Separation. Appointing authorities cannot use the layoff process as a substitution for discipline. The layoff process does not preclude appointing authorities from taking personnel actions, including discipline.
7-7. The only reasons for layoff are lack of funds, lack of work, or reorganization. The following applies to any reduction in force that results in the elimination of one or more occupied positions regardless of the reason for layoff:
A. For any and all layoffs, department heads have the discretion to make the business decisions as to how their department will continue to meet its mission after engaging in the layoff process. These decisions include:1. How to meet any constitutional or statutory mandates;2. Determining which classes or class series will best help the department meet its mission; and3. The level of staffing by various classifications and/or class series and the department functions to be staffed, either by facility location or department-wide.B. Department heads may delegate this authority to make any of the business decisions to subordinate appointing authorities within the department.1. Such delegation shall be in writing and describe the parameters of the business decisions to be made by the subordinate appointing authority.7-8. Layoff Plan: After the department makes its business decisions for all layoffs and ten (10) days prior to issuing the first (1st) layoff notice, the department shall publish a Layoff Plan, signed by the department head or designee, both in a conspicuous place where all impacted parties have access to view the publication and on the department's internet or intranet websites.
A. The purpose of the Layoff Plan is to facilitate open and transparent strategic planning prior to the elimination of any positions and/or services.B. The Layoff Plan shall include the following: 1. A description of the planned changes in the fundamental structure, positions, or functions accountable to one or more appointing authorities;2. If applicable, a list of the ranking factors and their relative weights;3. An organizational chart setting out the planned changes in the fundamental structure, positions, or functions accountable to one or more appointing authorities;4. The reasons for the change;5. The anticipated benefits and results, including any cost savings;6. A general description of the expected changes and their effects on employees;7. If applicable, a description of how the work performed by the eliminated positions will be absorbed by the department;8. A listing of the classes in which positions will be eliminated as contemplated in the Layoff Plan; and9. If there have been any modifications to the special qualifications for positions affected by the Layoff Plan within sixty (60) days or less prior to publication of the Layoff Plan, a list of such positions.C. When a function and position are transferred to another department, the employee occupying the position transfers.Board Rule 7-9. After the department publishes its Layoff Plan, the layoff of individual employees shall be made in accordance with the procedures in Chapter 7, Separation, for determining the priorities for layoff.
Procedures for Determining Priorities for Layoff
7-10. In making layoff decisions, appointing authorities shall rank employees based upon seniority, performance and applicable veterans' preference.
Board Rule 7-11. Seniority is the total number of years of state service plus any veterans' preference.
A. State service includes all employment for the State of Colorado even if employed outside the state personnel system.B. Veterans who have completed less than twenty (20) years of active military service receive a preference in calculating seniority by adding years of active military service to the total number of years of state service, up to ten (10) years.C. The calculation of the years of state service and active military service is rounded up for partial years.7-12. Layoff Ranking: If applicable, the department head shall establish the ranking formula for the affected area(s). The formula shall be consistently applied to any certified employee affected by the layoff process for the affected area(s). The formula shall be communicated to all employees within the layoff plan. Employees with lower rankings shall be separated before employees with higher rankings except as follows:
A. As set forth in the Colorado Constitution Art. XII, Section 15, no veteran with equal or greater number of years of service can be displaced before a non-veteran regardless of rank.B. If there is a tie under the department's formula, then the employee with the earliest start date of employment with the State of Colorado shall be the higher ranked employee. If the employees are still tied, then the decision shall be made by taking into account any Equity, Diversity, and Inclusion program established by the Director or a department.C. Probationary employees shall be separated before certified employees.7-13. When a person is separated from state service based upon documented lack of funds, lack of work or reorganization, an appointing authority shall consider placing the person into a vacant funded position for which they qualify. An appointing authority should consider prior experience, past performance and tenure in making such decisions.
Board Rule 7-14. Trial service employees are treated as if certified in the trial service class during the layoff process. Conditional employees will be considered according to their previously certified class.
Layoff Notice Requirements
7-15. The department shall publish the Layoff Plan at least fifty-five (55) days before the layoff is effective.
A. These fifty-five (55) days shall include at least 45 days' notice to a certified employee that their position is being eliminated and they are being separated.B. The layoff notice shall include appeal rights.C. Proof of delivery of a layoff notice may be established by:1. A dated return receipt from the United States Postal Services;2. A dated return receipt from a commercial delivery provider;3. The employee's signature and date affixed to the layoff notice;4. An affidavit of hand-delivery; or5. An affidavit attesting that the sender transmitted the Layoff Notice to a valid email address combined with a copy of the email.D. The department must provide written notice to probationary employees who are to be laid off at least fourteen (14) days before the layoff is effective.7-16. Upon publishing the Layoff Plan, the department shall give written notice to the certified employee organization that the Layoff Plan has been published. An email to the certified employee organization's executive director satisfies this written notice requirement.
Retention Rights
Board Rule 7-17. Certified employees who, as of January 1, 2013, were within five years of being eligible for full retirement under C.R.S. section 24-51-602(1)(a) shall have retention rights.
A. In making retention decisions when there is more than one employee eligible for retention rights, a department shall rank eligible employees based upon performance and seniority.B. Unless the Board approves a request to limit the retention area, eligible employees shall have retention rights throughout their department. If a department requests to limit the retention area, it shall submit the request in writing to the Board at least four (4) weeks before the monthly Board meeting and must concurrently serve the request on all affected employees. Within two (2) weeks of receipt of the request to limit the retention area, anyone opposing the request may submit a written opposition to the Board. Departments shall obtain Board approval to limit the retention area at least thirty (30) days before publication of the Layoff Plan.C. An eligible employee shall meet the minimum qualifications and any bona fide special qualifications in order to have retention rights to a position.D. The department shall offer retention rights to eligible employees in the following order: 1. To a funded vacant position in the same class as the eligible employee.2. To an occupied position in the same class as the eligible employee if the person occupying the position is a probationary employee.3. To a funded vacant position in a previously certified class of the eligible employee.4. To an occupied position in a previously certified class of the eligible employee if the person occupying the position is a probationary employee.5. To a position in the same class as the eligible employee that is occupied by a certified employee.6. To an occupied position in the same class series as the eligible employee that is occupied by a certified employee. In such event, the offer shall be to the highest level position in the same class series that does not result in a promotion.E. If there are multiple occupied positions that an eligible employee may retain at any step in this order, then the lowest ranked employee based on performance and seniority shall be displaced first.F. If the only available position at any step in this order falls outside a seventy-five (75) mile radius of the eligible employee's current work location, then the eligible employee may proceed to the next step. If the eligible employee accepts an offer outside of the seventy-five (75) mile radius, the employee can claim moving expenses as permitted by fiscal rule.G. When eligible employees exercise retention rights to a position, saved pay applies for a period of three (3) years after exercising retention rights. After three (3) years, the eligible employee's base pay shall not remain above the grade maximum for the position.H. If an eligible employee refuses a retention offer, the employee is laid off and placed on the departmental reemployment list.Reallocation
7-18. If a position is allocated downward and the employee elects not to remain in the position or if a position is allocated upward and the employee does not qualify, is not appointed or elects not to remain in the position, the employee will be separated or, given retention rights pursuant to the provisions of Chapter 7, Separation. If a certified employee is separated or demoted due to an upward or downward allocation or layoff, the employee is placed on a departmental reemployment list.
Appeals
Board Rule 7-19. All employees who are separated or who are upwardly or downwardly allocated to a different class in the course of a layoff shall have a mandatory right to a hearing before the Board. Acceptance of retention rights to another position does not eliminate the employee's appeal rights. Appeals shall be filed according to the procedures in Chapter 8, Dispute Resolution.
Recordkeeping
Board Rule 7-20. Department heads shall provide any required or requested information to the Director or Board in a timely manner as requested.
37 CR 22, November 25, 2014, effective 1/1/201537 CR 24, December 25, 2014, effective 1/14/201540 CR 02, January 25, 2017, effective 2/14/201740 CR 23, December 10, 2017, effective 1/1/201840 CR 24, December 25, 2017, effective 1/14/201842 CR 19, October 10, 2019, effective 11/1/201943 CR 05, March 10, 2020, effective 4/1/202043 CR 13, July 10, 2020, effective 8/1/202043 CR 24, December 25, 2020, effective 2/1/202144 CR 05, March 10, 2021, effective 4/1/202144 CR 07, April 10, 2021, effective 5/1/202144 CR 10, May 25, 2021, effective 7/1/202144 CR 12, June 25, 2021, effective 9/1/202145 CR 11, June 10, 2022, effective 7/1/202245 CR 14, July 25, 2022, effective 9/1/202246 CR 08, April 25, 2023, effective 7/1/2023