S.C. Code Regs. § § 19-719.04

Current through Register Vol. 48, No. 10, October 25, 2024

Section 19-719.04 - REDUCTION IN FORCE

A. Statements of Policy

1. The Office of Human Resources shall develop a reduction in force model policy to assist an agency in its policy development. The Office of Human Resources must review and approve each agency's reduction in force policy.

2. Each agency shall develop a reduction in force policy. This requirement shall not apply to academic personnel. However, each institution of higher learning or medical institution of education and research shall develop a policy outlining the criteria for a reduction in force for these employees.

3. Technical colleges are required to have a reduction in force policy.

4. Employees on authorized leave are eligible to compete in a reduction in force as if they are not on leave.

5. When a covered employee is assigned lower level responsibilities or demoted as a result of a reduction in force implemented due to budgetary reductions, the employee's salary may be reduced on the effective date of the reduction in force. The agency head or his designee, at his discretion, may reduce the employee's salary to a salary either between 0%-15% below the employee's current salary or between the employee's current salary and the midpoint of the lower pay band. In exercising this discretion, the agency head or his designee may use the option which results in the greatest cost savings.

(Note: Regulation Regulation 19-719.04 A. 5. only applies to decreases in salary as a result of a reduction in force implemented due to budgetary reductions and is an exception to salary decreases when a covered employee is assigned lower level responsibilities or demoted as listed in Regulation 19-705 and 19-706.)

B. Reduction in Force Plan

1. Each agency shall submit a reduction in force plan to OHR for review and approval for procedural correctness prior to its implementation.

2. A reduction in force plan must include:

a. A reason for the layoff as defined by the agency. These circumstances shall be either agency reorganization, work shortage, loss of funding, or outsourcing/privatization. If the reason for the reduction in force is that the agency can no longer meet its personal services budget, OHR will forward a copy of the plan to the Office of State Budget for concurrence on the budgetary issue prior to final approval.

b. The competitive area(s) in which the reduction in force will apply. Competitive area(s) shall be determined by the agency according to critical needs. Any covered employee affected by a reduction in force shall have bumping rights within a competitive area(s).

c. The competitive group(s) within the competitive area(s) as defined by the agency including any employees in specified competitive area(s).

d. The proposed list of employees to be affected by the reduction in force which includes:

(1) The age, race, and sex of all employees in the competitive group(s); and

(2) A preliminary list of employees in each group in retention point order.

e. The efforts that will be made to assist laid off employees to find other employment, including notice to OHR.

f. A current organizational chart showing the competitive area(s) and competitive group(s).

g. Justification of the use of any retention of necessary qualifications as provided in the agency's reduction in force policy.

3. Implementation

After a reduction in force plan is reviewed and approved by OHR for procedural correctness and before it becomes effective, an agency representative shall inform affected employees of the following:

a. The reason for the reduction in force;

b. The competitive area(s) and competitive group(s);

c. The effects of the reduction in force upon State benefits;

d. The assistance offered by OHR;

e. The employee's recall rights; and

f. The method of notification should a job become available.

4. Reduction in Force Rights

a. Any covered employee affected by a reduction in force shall retain covered status and recall rights for a period of one year from the date of separation.

b. Employees who are affected by the reduction in force shall be recalled in inverse order based on retention points should a position become available within the competitive area.

c. A covered employee who is separated due to a reduction in force shall retain continuous service if the employee is reinstated within one year from the date of separation.

d. An employee who is separated by an agency by a reduction in force and is subsequently reinstated within one year shall have his sick leave restored and shall be given the option of buying back all, some, or none of his annual leave at the rate at which it was paid out.

5. Grievance Rights

A covered employee who is affected by a reduction in force may grieve or appeal the reduction in force under the State Employee Grievance Procedure Act if the appeal is based on inconsistent or improper application of a reduction in force policy or plan.

S.C. Code Regs. § 19-719.04

Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.