Ohio Admin. Code 3354:2-20-07

Current through all regulations passed and filed through October 28, 2024

Section 3354:2-20-07 - Seniority, lay-off, and reinstatement of staff employees

Continuing Admin. & S/P	Temporary Admin. & S/P	Tenure-track Faculty	Non-tenure track Faculty
Full-time	Full-time	Full-time	Temporary
Partial-year	Partial year		Part-time
Part-time	Part-time
staff	staff
x Full-time	Full-time
Partial-year	Partial-year
Part-time	Part-time

(A) Seniority ranking

Staff are ranked in order of seniority, in relation to continuing-status staff employees college-wide and in relation to continuing-status staff employees in the same classification.

(1) College-wide employment seniority

(a) A staff employee's total paid time of employment in full-time continuing status staff positions is compared to the total time of paid employment (days, months, years) in full-time continuing status staff positions credited to all other full-time continuing status staff to determine the seniority ranking of staff, college-wide.

Ties in placement will be broken by consideration of additional paid time in first, part-time continuing status positions and second, full or part-time employment in temporary status positions.

(2) Classification employment seniority

A staff employee's total time of paid employment in the current, continuing status staff position classification is compared to the total time of paid employment of other current, continuing status staff employees assigned to the same position classification to determine the employee's placement in the seniority ranking of staff within the position classification.

(B) Lay-off

(1) Conditions governing lay-off of staff employees

(a) Lay-offs shall be in response to a lack of work or funds, recommended by the president, and approved by the board of trustees.

(b) Affected employees will be provided thirty calendar days written notice. However, this may be shortened under emergency situations such as the college's inability to meet payroll and other financial obligations.

(2) Process for identifying individuals for lay-off

(a) When it is determined that an individual must be laid-off due to lack of work or funds, he/she will have the option to displace a less senior employee in the same or a previously-held position classification, possibly in another department, provided the employee has an overall "fully acceptable" or better performance rating in their most recent performance appraisal..

(b) Subsequent to being displaced by a more senior employee who was laid-off, an employee may displace a less senior employee and this process will continue until there are no remaining employees wishing to exercise this option or there are no remaining positions in the classification.

(3) Notification to and response from affected employees

(a) Thirty calendar days notice, except in the event of an emergency, will be provided to the affected employee.

(b) Affected employees will have fifteen calendar days after receiving notice to provide a written response of their decision to exercise the right to displace a less senior employee.

(C) Reinstatement

(1) Laid-off employees may be reinstated to employment in a position in a previously-held classification for up to one year from the date of separation, provided they had an overall "fully acceptable" or better performance rating in their most recent performance appraisal prior to being laid-off.

(2) If more than one individual from a position classification is laid-off, the most senior will be given the first opportunity for reinstatement to a position in the classification.

(a) Employees will be given written notification from the human resources department of opportunities for reinstatement.

(b) Laid-off employees will have ten working days from receipt of notification to deliver written acceptance of an offer to be reinstated.

(3) Upon reinstatement or hire (into a position classification not previously held) within a one year period following lay-off, employees will be given credit for previously accrued hours of employment.

Replaces:3/6/03

Ohio Admin. Code 3354:2-20-07

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/15/98, 3/6/03