SECTION 16.25 RECALL
1. Employees who are laid off may apply to be on the recall lists as follows:
a.
AFSCME:
1)
class
from which laid off.
2)
15
other non-supervisory bargaining eligible classes for which qualified, including
formerly held classes.
3)
Total
of 16 classes.
b. UE/IUP:
1)
class
from which laid off.
2)
15
other non-supervisory bargaining eligible classes for which qualified, at the
same or lower pay grade as the class from which laid off, including formerly
held classes.
3)
Total
of 16 classes.
c. SPOC:
class from which laid
off.
d. Non-contract-Merit covered:
Only to the class from which
laid off, within the same employing unit.
e. Non-contract- Non-merit:
Recall is not applicable since such
employees have no layoff rights.
Note: Contract covered employees may not apply to be on recall for bargaining-exempt classes, even if they previously held those classes. 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 provisions of the applicable collective bargaining agreement.
2. Recall may be to any general government executive branch department. In addition, recall rights for contract covered employees extend to contract covered classes within the Board of Regents (provided applicable tests are passed and qualifications met) and Community Based Corrections. Recall is based on seniority for contract covered classes or total retention points for non-contract covered classes.
3. Upon layoff, employees are eligible to be on the recall lists for a specified period of time:
· For AFSCME classes: two years.
· For UE/IUP classes: two years.
· For SPOC classes: eighteen months.
· For non-contract, merit covered classes: one year
4. Recall cannot be used when filling vacancies in non-contract, non-merit positions. (Non-merit, non-contract positions are "at will" and are not subject to merit system selection or contract provisions. The former employee may be reemployed as a new hire, or as a reinstatement if eligible. The person's name will remain on the recall list for contract and non-contract classes.)
5. If an employee was laid off from a full-time position and is recalled to a part-time position, the person can accept or decline the position and remain on recall for a full-time position. If an employee was laid off from a part-time position and accepts or declines recall to a full-time position, the employee's name will stay on recall for a part-time position.
6. An employee who accepts another position (other than a bump) prior to the layoff does not have recall rights. Only employees who are laid off or who bump in lieu of layoff have rights to recall.
7. An employee who is laid off may decline an offer of a temporary position without giving up recall rights. If temporary jobs are available, persons eligible for recall should be considered before new temporaries are hired.
8. Employees who decline a recall to either the class from which laid off or a pick-15 class forfeit all further recall rights, unless the position is of a different status (part-time or full-time) than the position held at time of layoff. (Not applicable to SPOC employees.)
9. If an AFSCME or UE/IUP covered employee is recalled to one of the pick-15 classes, the employee's name will be removed from all other pick-15 classes, but not the class from which laid off. Contract covered employees' names will remain on recall for the class from which laid off until recalled to the class, or until contractual rights expire. (AFSCME – 2 years; SPOC – 18 mos; UE/IUP – 2 years; non-contract – 1 year.)
10. Before any person is placed on the payroll from recall, an interview must be conducted, not to determine if the job will be offered, but to determine if the person can perform the essential functions of the position with or without accommodation for disability. Medical verification of ability to perform essential functions can be required.
1. Recall preference will be based on the applicable collective bargaining agreement or the DAS-HRE rules, as follows:
·
AFSCME and UE/IUP: Recall to an AFSCME or UE/IUP covered class shall be in
accordance with the applicable collective bargaining agreement.
·
SPOC: Employees can only recall to the class from which
laid off when recalling to SPOC covered classes.
·
Non-contract: Only persons in a supervisory classification
at the time of layoff may be recalled to a supervisory class.
2. When the recall list has two employees in the same contract covered class with the same seniority date, the employee with the lower last four digits of the social security number shall have first rights to recall. When the recall list has two employees in the same non-contract covered class with the same number of retention points, the employee with the highest total performance credits shall have first rights to recall. In the event that performance points are equal, the employee with the lower last four digits of their social security number shall have the first right to recall.
1. Non-contract employees who are recalled return with permanent status.
Employees in AFSCME or UE/IUP covered classes will serve a six month conditional probationary period if the employee is recalled to a position in a classification not previously held. If the recalled employee fails to successfully complete the probationary period the employee will be returned to layoff status and placed on the recall list for an additional period of two years. See the forms section of this chapter for a sample notice to the employee being returned to recall.
If an employee engages in conduct that would otherwise result in disciplinary action, then the discipline provisions in the applicable agreement or the DAS-HRE rules would apply. Just cause must be established to discipline or discharge employees for reasons other than the inability to satisfactorily complete their post-recall probationary period. Sample letters of discipline can be found in Chapter 11 of this manual.
2. An employee recalled to a class that is contract covered and not a formerly held class may not exercise transfer rights during the six month probationary period following recall.
1. Pay at the time of recall is set according to the DAS-HRE subrule 11-53.6(11). The employee will continue to be paid at the same rate of pay including any class series, pay grade, or other pay adjustments for which the employee would have been eligible while on layoff, unless the pay needs to be adjusted to fit within the minimum or maximum of a pay grade on a different pay plan.
Upon recall to a formerly held class, after bumping, where the employee's pay is less than that received at the time of the layoff, the employee's pay shall be increased to the rate the employee was receiving before bumping, including any adjustments for which the employee would have been eligible. In no cases shall the salary be set below the minimum of the class.
If an employee on phased retirement is laid off, the employee must continue on the phased retirement program upon recall.
2. If an employee is recalled during the same fiscal year in which the employee is laid off, the "care and necessary attention" leave ("personal" leave for UE/IUP covered classes, temporary care of immediate family for non-contract employees) balance at the time of layoff will be restored.
If an employee is recalled in a subsequent fiscal year, personal leave for employees recalled to UE/IUP classes will be prorated based on the date of recall. Employees recalled to SPOC or AFSCME positions will be allowed to use up to 40 hours during the remainder of the fiscal year, regardless of the date of recall.
If an employee recalled to a
formerly held class expresses concerns about the ability to perform the duties
of the position to which recalled due to a disability, the employee may submit
a written notice of declination and remain on the recall list. If an employee
does not request an accommodation, the employer is not required to provide one.
If a person with a disability
is on the recall list and cannot perform the essential functions of the
position with reasonable accommodations, the person may be bypassed and remain
on the recall list. The department must use the same process for considering
reasonable accommodations as used when considering an applicant for employment.
The Americans With Disabilities Act (ADA) provides that the decision whether a
person with a disability can do the job is a position by position
determination.
In order to arrive at an
informed decision, the department must first have identified the essential
functions of the position. These essential functions must be discussed with the
person being recalled to determine if the person can perform them. If the
person indicates that he/she will have a problem performing any essential
function, possible reasonable accommodations must be discussed. A record of
discussion and determinations must be kept using established reasonable
accommodation procedures. To bypass a person form number CFN 552-0574 or a letter
of mutual agreement signed by both parties must be submitted to the DAS-HRE
Employment Team.
1. Employees may change their recall classes and availability at any time by writing or calling the DAS-HRE Employment Team. Employees may not, however, remove their names from the recall list for the class from which laid off. (Note: A doctor's statement can prevent an employee on recall from returning to the class from which laid off.)
2. Departments must submit total retention point credit as well as seniority dates with the recall form for all laid off employees.
3. 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. The department must submit written reasons to the DAS-HRE for review and approval before a name on the recall list can be bypassed if an employee is not available to report in a reasonable amount of time.
4. The initial contact and recall offer may be made by phone. If the employee declines, the department must send written notice of recall by certified mail in order to provide for appropriate documentation. If the employee accepts, a written confirmation of the acceptance must be sent by certified mail to the employee.
5. If the recall notice is sent by certified mail and is undeliverable, the department may bypass the name and notify DAS-HRE. The employee will be sent a first class letter by DAS-HRE advising the employee that if no response is received by a given date, the employee's name will be removed from recall.
6. Employees are responsible for keeping the DAS-HRE informed of any change in address that occurs while on layoff. The UE/IUP contract specifically provides that failure to keep the DAS-HRE informed of address changes will result in loss of recall rights.