Policy #23

Reduction in Force of Employees Subject
to the State Personnel Act

A reduction in force (RIF) of employees subject to the State Personnel Act may be made necessary by a shortage of funds or work, abolishment of a position, or other material changes in duties or organization. The decision to retain or separate an employee will follow from a fair and systematic consideration of the skills, knowledge, and productivity of the employee relative to the services needed to maintain continuing programs. At a minimum, the following factors will be considered: type of appointment; relative efficiency of the employee as evidenced by items such as the employee's annual performance appraisal rating; and, length of service of the employee.

The University's guidelines for administering a reduction in force must be openly available for review in the Office of Human Resources. The guidelines shall also be on file with the Office of State Personnel as a public record.

Requirements for Implementation:

1.Neither temporary, probationary, nor trainee employees in their initial six months of training shall be retained in cases where employees with a permanent appointment (those who have satisfactorily completed a probationary or equivalent trial period) must be separated in the same or related class.

2.In determining length of service, an eligible veteran shall be accorded one year of state service for each year (or fraction thereof) of military service, up to a maximum of five years credit.

3.The University must provide employees with a minimum of 30 calendar days advance written notification of separation. The notice must include the reasons for the separation, the employee's eligibility for priority consideration, applicable appeal rights and other benefits available. For employees desiring priority employment consideration, the Office of Human Resources must submit an application to the Office of State Personnel requesting priority consideration for the employee. If the employee does not want assistance in finding another state job, the Office of Human Resources shall get a written statement to this effect and send a copy to the Office of State Personnel.

4.The evaluation of individual employees must be systematic. Decisions must be consonant with the latest Performance Appraisal Summary Rating. Seniority is a proper consideration but will be subordinate to considerations of the relative skills, knowledge, and productivity needed to maintain continuing programs.

5.A career state employee, as defined in statute, who is separated due to reduction in force shall have the right to appeal to the State Personnel Commission for a review to assure that systematic procedures were applied in making reduction in force separation decisions.

6.In accordance with federal guidelines affecting equal employment opportunity and affirmative action, all decisions concerning reduction in force must be analyzed to determine their impact on the University as set forth by State Personnel policy.

7.Accumulated vacation leave, not to exceed 240 hours, is paid to the employee in a lump sum. Employees shall be informed that their sick leave shall be reinstated if employed by any state agency or university within five years.

The University shall also interview and give priority consideration to permanent employees of other State agencies and institutions who are separated in a reduction in force after appropriate consideration of WCU employees. The steps to be followed in considering individuals from other agencies are:

a.) The Office of Human Resources shall refer such applicants to University supervisors who will interview those "RIF'd" employees and will give qualified "RIF'd" employees priority consideration for the vacant positions.

b.) If a "RIF'd" employee is minimally qualified, but unacceptable, the critical deficiencies noted must be substantiated and documented.

c.) Supervisors shall not make job offers until the Office of Human Resources has determined that all requirements of State Personnel Policy for consideration of "RIF'd" applicants have been met.

When a campus-wide reduction in force is ordered, the Chancellor will determine how the reduction is to be distributed among the major administrative divisions of the University. Respective vice chancellors and/or the Assistant to the Chancellor will then submit recommendations to the Chancellor regarding the particular positions to be discontinued. These recommendations will be formulated in accordance with State Personnel Policy. Each vice chancellor or the Assistant to the Chancellor will develop documentation of compliance with these guidelines to be placed on file with the Office of Human Resources.

Formerly Executive Memorandum 81-54
Initially approved July 15, 1981
Revised April 23, 2001
Administering office: Human Resources

Posted April 23, 2001