Section R477-12-3 - Reduction in ForceReductions in force (RIF) are governed by DHRM rules and standard operating procedures.
(1) When management intends to reduce staff in one or more categories of work, management shall develop a work force adjustment plan (WFAP). Management may only give formal, written notification to a career service employee after a WFAP has been reviewed by the DHRM Division Director or designee and approved by the agency head or designee. The following items shall be addressed in the WFAP:(a) the categories of work to be eliminated;(b) specific measures taken, if any, to facilitate the placement of affected employees through reassignment or transfer to vacant positions the employee is qualified to fill;(c) job-related criteria as identified in Subsection R477-12-3(3)(a) used for determining retention points; and(d) when more than one employee is affected, employees shall be listed in order of retention points.(2) Management may RIF a career service employee, including an employee covered by USERRA, only when the employee has been identified in a WFAP and notified of the RIF in accordance with Subsection (5).(3) Management shall calculate retention points when more than one employee is affected within a category of work by giving appropriate consideration for proficiency and seniority with proficiency being the primary factor. (a) Management may consider performance evaluations and performance information for the past three years when assessing job proficiency.(b) Management shall calculate seniority as the length of the most recent continuous career service which commenced in a career service position for which the probationary period was successfully completed. Exempt service time after attaining career service status with no break in service shall be counted for purposes of seniority.(c) In each WFAP, management shall specify the criteria they will use for determining retention points.(i) Management shall consult with the DHRM Division Director or designee.(ii) WFAPs shall comply with current DHRM standard operating procedures.(4) Management shall separate employees in the following order:(a) first, temporary employees in schedule IN or TL positions;(b) second, probationary employees; and(c) third, career service employees with the lowest retention points.(5) When an employee, including one covered under USERRA, is identified for separation due to a RIF, management shall provide the employee written notification of: (b) final written notification of separation due to a RIF on the day of separation.(6) Management shall notify a career service employee separated due to a RIF that they may appeal to the agency head by submitting a written notice of appeal within 20 working days after the date of separation. When an employee submits such an appeal, the agency head shall notify the employee that they may appeal the agency head's decision according to the grievance procedures of the Career Service Review Office.(7) A career service employee who is separated in a RIF is governed by the rules in place at the time of separation.(8) When a career service employee who is separated in a RIF applies for a career service position, management shall give preferential consideration to the individual's application score when developing the hiring list as outlined in DHRM standard operating procedures until the individual accepts a career service position.(9) Management may allow an individual rehired to a career service position to buy back any accumulated annual and converted sick leave that was cashed out when the individual was separated from employment through a RIF.Utah Admin. Code R477-12-3
Amended by Utah State Bulletin Number 2016-14, effective 7/1/2016Amended by Utah State Bulletin Number 2017-14, effective 7/1/2017Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2019-14, effective 7/1/2019Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022Amended by Utah State Bulletin Number 2023-13, effective 7/1/2023