SECTION 16.17 BUMPING FOR NON-CONTRACT COVERED EMPLOYEES
1. In lieu of layoff, permanent employees in affected classes may elect to change classes or "bump". Bumping rights are described in DAS-HRE subrule 11 IAC 60.3(5). Probationary and temporary employees in affected classes do not have bumping rights because they are terminated prior to the effective date of the layoff.
2. Bumping may occur only within the applicable layoff unit. Layoff units for non-contract covered employees may be different than the layoff units for contract covered employees affected by the same layoff. The Appointing Authority may designate the layoff unit for non-contract covered employees. If the layoff unit is smaller than a bureau, the DAS-HRE must review and approve the criteria used to determine the layoff unit. Bumping shall occur in accordance with the layoff order (retention points) and the layoff unit governing the class TO which the employee is bumping. Employees may bump only when they have greater retention points when bumping to non-contract covered classes (unless a specific exemption is made where special skills or abilities are required) or more seniority than other employees when bumping to contract covered classes (unless the contractual provisions regarding performance, ability or special skills are utilized, allowing for the layoff of a person with greater seniority).
Non-contract covered employees who wish to bump into
an
·
Current non-contract employees who were in
their non-contract covered class on July 1, 2003 will continue to accrue
·
Employees in
·
Employees hired after July 1, 2003 in
non-contract job classes will not accrue
Please contact
your Personnel Officer when making determinations regarding seniority of
non-contract employees wishing to bump into
The employee with the least retention points or seniority will be laid off, regardless of whether an employee is on a paid or unpaid leave or is in work status.
Bumping shall occur as follows:
a. NON-CONTRACT COVERED NON-SUPERVISORY (bargaining unit status "U" and "E"):
To a lower level non-supervisory class in same series or any formerly held non-supervisory class while in continuous State service. Employees may not bump to classes from which they voluntarily or disciplinarily demoted.
b. NON-CONTRACT COVERED SUPERVISORY (bargaining unit status "S"):
To a lower level supervisory or non-supervisory class in the same series or any lower formerly held class in State service. Employees may not bump to classes from which they were voluntarily or disciplinary demoted. This does not include classes from which employee previously voluntarily demoted (bumped) in lieu of layoff.
Notes:
For class series
information, refer to 16.45, "Classes Constituting a Series."
Employees in non-supervisory classes may not bump to supervisory classes, even if they formerly held those classes.
3. Non-contract covered, non-supervisory employees may bump into formerly held contract covered or non-contract covered, non-supervisory classes within the layoff unit. When bumping to a contract covered class, the contract layoff unit applies. One pay period in a class constitutes a formerly held class. Employees who wish to bump must meet the current minimum qualifications for the class.
B. Notice
1. If an employee initially chooses to bump to a job class, they may change that election if the employer provides specific position and location information at a later date that is not acceptable to the employee. Once an employee has been given the complete information on the bumping option including the job class, the position, and the location, the employee must make an election to bump or decline the bump within five days after receipt of that notice.
2. An employee may waive the 20 work days notice if the employee bumps to a vacant position. The employee cannot bump to a filled position early if it would cause another employee to be bumped with less than 20 work days notice. Any request to waive notice must be made and approved in writing by the appointing authority.
3. An employee who is bumping to a filled position may be placed in an overlap position until the 20 work days notice expires for the employee who is being displaced by the bumping.
1. An employee only elects to bump to the class, not to an individual position. An employee may not bump in the same class. The appointing authority will decide the specific position. If the employee refuses to accept the position assigned, the employee will be laid off.
2. An employee who elects to bump may be assigned to a vacant position as long as the position is approved to be filled and all contractual requirements and rules have been exhausted regarding the filling of a permanent vacancy if the position is covered by a collective bargaining contract.
3. If a part-time employee has bumping rights to another class, and the employee who is bumped occupies a full-time position, the employee electing to bump must accept the full-time status of the position or be laid off.
1. The pay of an employee who elects to bump will remain the same unless the pay needs to be adjusted to the minimum or maximum rate for the class. Employees bumping to contract covered classes must not exceed the maximum. In limited circumstances, red-circling may be approved for non-contract employees bumping into non-contract classes. Consult with your Personnel Officer.
Generally, the increase eligibility date remains the same for an employee who elects to bump. There are, however, some exceptions in paragraph 11 IAC 53.7(5)2(b), which should be reviewed.
2. If employees are given effective dates for bumping that are in the middle of a pay period, payroll and personnel documents are to be processed at the beginning of the next pay period. Employees shall continue to be paid at their current rate of pay until the end of the pay period in which their date of bumping is effective.
1. Formerly held classes that no longer exist may be given an equivalent class designation if an equivalent class exists. Consult your Personnel Officer with questions concerning equivalent classes.
2. Formerly held positions that have been reclassified due to a new class or class series being implemented or retitled shall be reviewed upon request and bumping rights granted to both the old title, if still in existence, and the current title of the class.
3. See the examples in 16.50 for assistance with issues involving bumping from a full-time position to a part-time position or vice versa.
4. A non-contract covered employee who elects to bump in lieu of layoff is eligible for recall to the class and layoff unit held at the time of the election to bump.
5. A non-contract covered employee who bumps in lieu of layoff and subsequently leaves employment for any reason other than a subsequent layoff is no longer eligible for recall.