SECTION 4.50 INSTRUCTIONS FOR FILLING VACANCIES
Last Update: 7/01
Vacancies can be filled through promotion, transfer, demotion, recall, outplacement, reinstatement, or original appointment.
The personnel assistant submits a request for an applicant list (Multiple List Request-MLR) when filling a vacancy for a merit-covered position. (MLR’s are sent for non-merit positions to request underutilization information. Underutilization information is stamped on the MLR and sent back to the agency.)
Prior to requesting an applicant list, collective bargaining transfer provisions must be met. The steps for filling vacant positions differs based on collective whether or not the position is covered by a collective bargaining agreement. Please check the appropriate collective bargaining agreement for required steps for filling a vacancy.
Departments have the authority to request any available type of applicant list for any given vacancy. However, they must be requested in the order identified in the collective bargaining agreement which covers the vacancy to be filled. Immediately upon receiving a MLR request, the recall and outplacement lists are checked for eligible candidates by DAS-HRE. If recall names are available, a Recall list is sent to the agency. If outplacement names are available, this list is sent to the agency. Recall names must be offered the position. Outplacement candidates must be considered before an agency hires an applicant from outside state government.
A. Permanent Full-time
B. Permanent Part-time
C. Provisional
A. Temporary
B. Seasonal
C. Reinstatement (after department has cleared recall; applicant must qualify)
D. Voluntary Demotion (after department has cleared recall; applicant must qualify)
E. Transfer (after department has cleared recall; applicant must qualify)
A. Recall
B. Outplacement
C. Promotional Applicant Lists:
1. Intra-agency: Applicants within a department
2. Inter-agency: Applicants from other departments who want to move another department.
D. All Applicant Lists: All applicants both promotional and non-promotional
POSTING REQUIREMENTS FOR MULTIPLE LIST REQUESTS:
ALL COLLECTIVE BARGAINING POSTING REQUIREMENTS MUST BE MET BEFORE
PROCEEDING TO ANY OF THE STEPS LISTED BELOW:
A. If the MLR request is for one of the job classes that is open to continuous recruitment, a posting is not required. A list is issued to the agency using the names of applicants currently on the eligible list for that job class.
1. Intra-agency promotional vacancies are posted for a minimum of 5 days by the hiring agency. These vacancies are not posted on the Internet by DAS-HRE.
2. Interagency promotional vacancies and All Applicant vacancies are posted on the Internet by DAS-HRE for a minimum period of days.
3. Posting time frames: Intraagency Promotional – 5 days minimum – posted internally by the employing agency. Interagency Promotional – Posted on the DAS-HRE Internet site for a minimum of 10 calendar days. All Applicant List – Posted on the DAS-HRE Internet site for a minimum of 10 calendar days.
4. 10 days is the minimum number of days an Inter-agency Promotional or an All Applicant vacancy must be posted. Agency may request to post a vacancy for any number of additional days.
Legislation effective 7-1-2001 changed the posting requirement from 15 days to 10 days.
C. All posted vacancies are assigned a Job Vacancy Number automatically when the MLR is entered into the DAS-HRE system by the Personnel Assistant. Every vacancy must be posted using this job vacancy number.
D. Each posting must contain the Job Vacancy number, job class and title, location, pay range, minimum qualifications, selective qualifications (if applicable), information about the specific position (i.e. shift, location, desirable qualifications are optional).
MLR REQUEST INFORMATION IS PROVIDED BY THE PERSONNEL ASSISTANT FOR EACH VACANCY.
THIS INFORMATION IS USED BY DAS-HRE TO POST THE VACANCY.
1. 18 digit payroll number
2. County location number
3. Type of list requested
4. Number of vacancies
5. Full time or part time
6. Travel or No Travel
7. Shift
8. Merit or Non Merit
9. Selecting Authority
10. Department Name
11. Selective code (if applicable)
12. Description of job duties for posting
13. Department advertising (if other than DAS-HRE Internet)
14. Cost of advertising
15. Information on screening device used
16. Information on when position was last vacated and when agency decided to fill the position
Selective Qualification Code
1. This can be used to narrow an applicant pool to those possessing specific education, experience, or other screening criteria needed to perform the essential functions of a position.
2. Selective criteria must be identified for the vacancy when the MLR request is sent and must be listed in vacancy announcement.
GENERAL INFORMATION ON AN APPLICANT LIST ISSUED BY DAS-HRE:
A. Job Vacancy number assigned by system
B. Applicant information
1. Applicant name
2. Applicant address
3. Applicant day and evening telephone number
4. Applicant social security number
5. M, F, or D (minority, female, or persons with disability) if class is underutilized
6. Applicants are listed in social security number order (except recall)
7. Veteran point eligibility (identified by V05 or V10)
C. Issue date and expiration date (applicants lists are valid for 90 days from issue date).
D. Promotional lists contain the employing department for current employees, the class code for their current position and current pay grade.
E. Provisional Authority is granted if the list contains less than six names.
If the statement ‘Provisional Authority Granted’ appears
on an Applicant List issued by DAS-HRE, this indicates that less six applicants
are available for this vacancy. This
then gives the hiring agency the authority to hire from the names on the list
OR to hire an applicant whose name does not appear on the list. If an applicant is hired who does not appear
on the list (this is using the provisional authority), the agency must send the
application for this person to DAS-HRE to be qualified for the position PRIOR
to hiring this person in probationary status.
The application should be sent to the Employment Specialist assigned to
your agency.
Applicants lists issued to agencies must be either used to fill a vacancy or returned to DAS-HRE as "Not Used." Personnel Assistants are provided with a listing of the codes to be used when working though an applicant list.
A. Employees who are laid off, whose hours were reduced, who bumped in lieu of layoff, or who terminated due to a work related injury or illness, may apply to be on the recall lists as follows:
1. AFSCME
a. Class from which laid off
b. 15 other non-supervisory non-confidential exempt classes for which qualified including formerly held classes.
2. IUP
a. Class from which laid off
b. 15 other non-supervisory, non-confidential exempt classes for which qualified at the same or lower pay grade as the class from which laid off, including formerly held classes.
3. SPOC
a. Class from which laid off
4. Non-contract – Merit covered
a. Class from which laid off
5. Employees in non-supervisory or non-confidential exempt classes at the time of layoff may not apply for recall to supervisory classes or to classes confidentially exempt from collective bargaining, even if these were formerly held classes.
6. Non-contract – non-merit
a. Recall is not applicable, since these employees have no layoff rights
b. Merit-covered employees may not apply to be on recall for non-merit classes. Non-merit, contract-covered employees are eligible for recall, in accordance with the rights of the contract-covered class from which laid off.
B. Recall may be to any Executive Branch department. In addition, recall rights for contract-covered employees extend only to contract-covered classes within the Board of Regents and Community-Based Corrections.
C. Upon Layoff, employees are eligible to be on the recall lists for the following specified periods of time:
1. AFSCME classes: two years
2. IUP classes: two years
3. SPOC classes: eighteen months
4. Non-contract, merit-covered classes: one year
D. Bumping
1. An employee may bump in lieu of layoff. Bumping may occur only within the applicable layoff unit.
2. If a non-contract employee bumps, or his/her hours are reduced, he/she is eligible for recall only to the class and layoff unit held at the time of the election to bump.
3. If an AFSCME or IUP covered employee bumps, he/she is eligible for recall only to the class held at the time of the election to bump.
E. Employees who refuse to accept any reassignment more than twenty-five (25) miles from the original work site are eligible for recall only to the class from which they were laid off.
A. Personnel Assistant fills out “EMPLOYEE RECALL ELIGIBILITY RECORD.”
B. Include signature of appointing authority and date.
C. Employee fills out page 2 and 3 of Recall Eligibility Record form.
D. AFSCME and IUP employees may select 15 job classes for which they qualify.
E. Employee must also fill out the Recall Application Form AND attach to Employee Recall Eligibility Record form.
F. Employees on Long Term Disability and Workers’ Compensation must also submit a doctor’s release to return to work specifically stating “released to work: with or without restrictions. Restrictions must be spelled out by the physician.
A. If the applicant(s) on the recall list has priority over other hiring steps, the recall applicant(s) must be contacted, or the position cannot be filled.
B. Recall applicants MUST be notified by CERTIFIED MAIL. When sending the certified letter, indicate it must be returned in 7 days.
1. The initial contact and recall offer may be made by phone. If the employee declines, the department must send a written notice of recall by certified mail in order to provide appropriate documentation.
2. If the employee accepts, a written confirmation of the acceptance must be sent by certified mail to the employee.
C. The “Notice of Recall” form, plus the essential functions of the position must be sent to the applicant.
D. If the Personnel Assistant is not the person sending the certified letter, a copy of the “Notice of Recall” form should be attached to the Recall List issued to the agency so the selecting authority sends the correct form.
E. The “Notice of Recall” form provides the applicant with needed information regarding the consequences of declining, and therefore it is necessary that it be sent.
F. DAS-HRE must be notified IMMEDIATELY when a certified letter is being sent to a recall applicant.
1. This notification prevents the recalled person’s name from being referred to other agencies.
G. If the applicant fails to respond, the agency must fax or send a copy of the certified letter AND the green return receipt card to DAS-HRE immediately.
H. If the applicant accepts or declines, the agency is to fax the signed “Notice of Recall” form to DAS-HRE.
I. If the applicant declines, action codes should be entered on the Recall list, and returned to DAS-HRE so that the hiring process can continue.
J. If the applicant accepts, the Recall list should be returned to DAS-HRE and the agency processes the hire.
K. Processing Recall applicants must follow specified provisions, timing is important. All recall documents need to be processed as they occur.
a. DAS-HRE needs to be notified by phone when the certified letter is sent.
b. “Notice of Recall” acceptance or declination letter should be FAXED to DAS-HRE upon receipt at agency.
L. Recall actions need to be processed as they occur and should not be deferred for the next pay period.
M. The hire may occur at an agreed upon time between employer and employee, however, the MLR system needs coded immediately. This prevents the applicant’s name from being referred out to other agencies. The hire will be approved in HRIS during the pay period the hire occurs.
N. A department must allow the recalled employee a reasonable amount of time (at least two weeks) to start work in order to give a current employer notice, arrange dependent care, etc.
O. Availability other than county, full-time and part-time do not apply to recall.