S.D. Admin. R. 55:10:09:01
An appointing authority may lay off an employee or reduce the regular working hours of a full-time employee in the civil service if necessary. The reasons justifying a layoff include shortage of funds or work, abolishment of a position, inefficient or nonproductive position, or material change in duties or organization. The appointing authority shall designate classifications, work units, or geographic locations where reductions in force or reduction in hours will occur. The appointing authority shall submit a plan designating each employee being laid off or whose hours are being reduced and the justification for the layoff or reduction in hours. If more than one incumbent exists in any classification, work unit, or geographic location designated for reductions in force or reductions in hours, the criteria used to identify the employee whose hours will be reduced or who will be laid off include performance, longevity with the state, employment status, and special knowledge, skills, abilities, and potential of the employee. The appointing authority shall designate the criteria used in its layoff plan. The layoff plan shall be approved by the commissioner before any employee is laid off or hours reduced.
The appointing authority shall notify the employee at least 14 days before the effective date of the layoff. The appointing authority shall give the employee written notice of the justification for the layoff or reduction.
The hire date for any employee who returns to state employment after a layoff of more than one year is the new date of employment. Any layoff of 40 hours duration of less and any reduction of hours for less than four weeks do not require prior notice to the employee.
S.D. Admin. R. 55:10:09:01
General Authority: SDCL 3-6D-14.
Law Implemented: SDCL 3-6D-14.