Skip Maine state header navigation

Agencies | Online Services | Help

DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Human Resources


November 20, 1996

HUMAN RESOURCES MEMORANDUM 14-96


TO: Department and Agency Heads, Directors of Administrative Services, Personnel Officers and Equal Employment Opportunity Officers
SUBJECT: Layoff and Recall from Layoff

====================================================================================

This Memorandum is in response to several processing questions that have been directed to the Bureau of Human Resources over the past several weeks concerning the continued employment of employees on layoff and the recall of employees from layoff.

Following are the most frequently asked questions and the answers to these questions:

Q1.  What happens to the accrued vacation time of an employee who is laid off but who is immediately appointed to another position without any interruption of State service?

There is not any interruption to service when an employee is laid off and demoted, transferred or promoted on the next work day by an acting or permanent appointment to any position except a project or intermittent position.  For all of these types of continued employment:

If the new position is with the same appointing authority, the employee's accrued vacation and the employee's earning rate "transfers" with the employee to the new position.

If the new position is with a different appointing authority, the employee may choose to cash in all of the employee's accrued vacation or cash in some and transfer some to the new appointing authority.

Q2.  Do I need to adjust the Performance Review Date if a probationary employee transfers to another class at the same pay grade as the layoff class?

If an employee is on probation when laid off and transfers in lieu of layoff or transfers while on layoff, the appointing authority may choose to have the employee serve a full probationary period or just the balance of probation that remained at time of layoff.  For either choice, if the employee is recalled from layoff, the employee must complete the balance of probation that remained in the layoff class when layoff occurred.

Q3.  Can a permanent status employee who is transferred to another class at the same pay grade as the layoff class be placed on probation?

A transfer that is based on layoff is treated the same as a transfer for any other reason.  Thus, if an employee transfers to another class in lieu of layoff or while on layoff, the appointing authority may choose to transfer the employee with permanent status or to require the employee to serve a full probationary period.

Q4.  How do I establish the salary of an employee who has been laid off and who becomes employed in another classification while layoff status is still in effect?

During the two or three year period that the employee has layoff status, all permanent and acting/temporary compensation appointments to other than project and intermittent positions are subject to the compensation rules for demotions, transfers or promotions.

For the first class held after layoff, the 5% promotion/demotion rule or the step-to-step transfer compensation rule is applied to the range and step held at time of layoff, depending on whether this first class after layoff is at a higher pay grade, lower pay grade or the same pay grade as the layoff class.

If the employee should later demote, transfer or promote from the first class held after layoff while layoff status is still in effect, the salary for the next class is the salary computed by applying the appropriate compensation rule to the layoff rnage and step or the salary computed by applying the appropriate compensation rule to the range and step of the class currently held, whichever provides the greater salary.

Employees on layoff who are employed in a project position may be compensated at the higher step rates in accordance with the compensation rule for project employment.  Those employed in an intermittent position must be hired at Step 01 of the pay grade unless an exception is requested and approved.

Q5.  How do I establish the salary of an employee who is recalled from layoff?

Employees who are not employed by the State at the time of recall, employees who hold an acting/temporary compensation assignment at time of recall, and employees who are employed in a project or intermittent position at time of recall must be placed at the range and step held when laid off.

Employees who are permanently employed as a demotion, transfer or promotion in other than a project or intermittent position at the time of recall must be placed at the step held at time of layoff or to the step that results by application of the 5% promotion/demotion or step-to-step that results by application of the 5% promotion/demotion or step-to-step transfer compensation rule to the range and step of the class held at time of recall, whichever provides the greater salary.

Q6.  What adjustments do I need to make to the performance review date and the salary review date when an employee is recalled from layoff?

For the past several years, employees who were recalled from layoff were placed at the step they would have attained if layoff had not occurred.  Under this practice, the anniversary date in effect at time of layoff was not changed.   This practice, while beneficial to the employee, was recently determined to be inconsistent with the Civil Service Rule, and the Rule was enforced.  With the enforcement of this rule, the requirement of Personnel Bulletin 10.4 to compute a new anniversary date is also being enforced.

The new procedure for establishing the Performance Review and Salary Review dates upon recall:

The new procedure for establishing Salary and Performance Review dates is explained in detail by the Attachment to this Memorandum.  Please note that the procedure differs with each employee's circumstance (Was the employee laid off with permanent status or was the employee on probation when laid off?  Did the employee work in a higher, same-occupational-field classification while on layoff?).  Because of these variations, the Attachment provides a useful reference for establishing the appropriate Adjustment Procedure for Performance and/or Salary Review dates when an employee is recalled.

Q7.  What happens to layoff status if the employee retires while on layoff?

The employee's layoff status must be continued for the balance of the employee's two or three-year layoff term.  Resignations to retire while on layoff are often involuntary resignations that are forced by the economical impact of unemployment.


____________/s/________________
Donald A. Wills, Acting Director
BUREAU OF HUMAN RESOURCES

Attachment
Calculating Dates