FAQS-Layoffs

Sometimes it becomes necessary for a State agency to reduce the size of its workforce. Whenever possible this is accomplished through normal attrition by not filing particular vacancies when they occur.  However there are times when this is not enough and layoffs become necessary. The most common reasons for layoffs include:

• Shortage of Money 
• Elimination of a position 
• Material changes in duties or the organization 
• Employees being restored - promoted employees or military employees returning from service (USERRA)

Before implementing a layoff, agencies conduct workforce planning processes. The Department Director or Administrator shall determine which areas will be affected based on the following criteria:

• Geographical location
• Class series
• Class and applicable option
• Full or part-time positions

Non-permanent employees must be laid off in the following order:

• Emergency
• Temporary
• Provisional
• Probationary

If additional reductions are necessary, permanent employees must be laid off on the basis of seniority.

In lieu of being laid off, a permanent employee may choose one of the following three options:

1. May transfer statewide within his/her department, class and option into a position held by an employee with the least amount of seniority.
2. May be given the opportunity to voluntary demote (bump) to another position of the next lower level classes in his/her current class series within the department and geographical location where employed.
   1. Layoff and displacement are departmental
   2. An employee cannot displace an employee in another Department
   3. An employee in a higher class may not displace an employee in a lower class who has more seniority
   4. Employee must meet minimum qualifications for the class and option
   5. Always a downward movement
   6. Full-time and part-time must be treated separately
    
3. If there is no one with less seniority in the current class series, an employee may move back into his/her most recent former class.

A layoff notice must include transfer or displacement (bumping) options for:

• Statewide transfer within your department
• Voluntary demotion to another position within the department and geographical location
• Move back to most recent former class

When an employee receives a layoff notice, it is his/her responsibility to indicate to Human Resource Management what additional classes are of interest, at or below the grade level of layoff. The employee provides an updated application and completes a Reemployment Job Development form, which is evaluated for minimum qualifications to be placed on the appropriate Reemployment 2 lists. 

These lists contain the names of laid off employees who meet the minimum qualifications for the classes they include in their Reemployment Job Development form beyond the class occupied when laid off. 

Reemployment 2 lists abide by the following guidelines: 

• Employees must complete a Reemployment Job Development form indicating which other classes they believe they are qualified for and locations willing to work to be added to the Reemployment 2 list
• Classes must be at or below the grade level at the time of layoff
• Employees must complete a State application
• Employees can add to the request list for 30 days after layoff date
• Human Resource Management evaluates qualifications for each requested class
• Employees are placed in order of seniority on the lists for which they meet the minimum qualifications
• Employee's name will remain on the list for 1 year after the layoff date 

Before an agency submits a recruitment request they need to contact Human Resource Management to see if there are any layoffs for the class. Human Resource Management checks for an existing reemployment list for the class. If a reemployment list exists -

• Human Resource Management provides it to the hiring agency
• It has priority over other types of eligible lists
• Names of laid off employees will appear in order of seniority
• Laid off employees must be hired in the order on which they appear on the list

You must accept or refuse a position within 

• 6 days after postmark
• 3 days after electronic mail is sent
• 3 days after a voice mail
• 24 hours after hand-delivered inquiry or oral inquiry with the reemployment

It depends on the terms of reemployment. Employees must adhere to the following guidelines:    

• A permanent employee who has been laid off and is being reemployed in the department, class, and options from which laid off must have permanent status restored
• A permanent employee who is reemployed in a different class or in a different department must serve a new probationary period
• If an employee does not complete the probationary period, that employee's name must be restored to the appropriate reemployment list for any part of the year remaining following the layoff date

An appointing authority may reinstate a former permanent employee if the employee was separated without prejudice. The following parameters are followed:

There are a variety of impacts a layoff can have upon benefits. Please see details below for each type of benefit:

• Annual Leave
  • Upon separation annual leave will be paid. May be bought back at rehire rate upon re-employment 
   
• Compensatory Time
  • Upon separation compensatory time will be paid 
   
• Accrued Sick leave
• If employed with 10 or more years, you will be paid for unused sick leave per NRS 284.355. If re-employed within one year from layoff date, unused sick leave remaining at time of layoff is reinstated
• Retirement
• Contact PERS at (775) 687-4200 (North) or (702) 486-3900 (South) for more information
• Life, Health Insurance and Pre-paid Child/Health Care
• Coverage expires at the end of the last month worked. Upon termination PEBP will send information regarding a conversion policy (COBRA). You may contact PEBP at (775) 684-7000 or (800) 326-5496 for more information
• Deferred Compensation
• Consult with administrator of your plan for details
• US Savings Bond
• Any amount less than a full bond will be refunded by your payroll center
• Unemployment Insurance
  • Unemployment claims are filed with the Employment Security Division by calling (775) 684-0350 (North), (702) 486-0350 (South), (888) 890-8211 (from out of state) or on their website at www.NVDETR.org.