Section 36-26-26

Layoffs.

THIS SECTION WAS AMENDED IN THE 2003 SECOND SPECIAL SESSION, EFFECTIVE SEPTEMBER 30, 2003. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) In accordance with the rules of the State Personnel Board, an appointing authority may lay off an employee in the classified service whenever he deems it necessary by reason of shortage of work or funds or the abolition of a position or other material change in duties or organization. The seniority and service ratings of employees shall be considered, in such manner as the rules shall provide, among the factors in determining the order of layoffs. The appointing authority shall give written notice to the director of every proposed layoff a reasonable time before the effective date thereof, and the director shall make such orders relating thereto as he considers necessary to secure compliance with the rules. The name of every regular employee so laid off shall be placed on the appropriate reemployment list.

(b) In addition to any rights currently provided to state employees, any permanent state employee who is laid off from a position under the state Merit System shall have priority for any other position in the same class filled from an open competitive register by any appointing authority in accordance with rules adopted by the State Personnel Board.

(c) No state agency or appointing authority may lay off any Merit System employee if the state agency or appointing authority is using or employing a contract employee to perform a substantially similar job. In the event of a layoff, the contract employee or worker shall be laid off before a Merit System employee. This section shall not apply if there is no Merit System employee in an appropriate class who will accept the duties of the contract employee or worker who would otherwise be laid off. This section shall not apply to contract services of a state agency for which the state agency or appointing authority does not directly hire agents or employees of the contract service. Further, this section shall not apply to nonmerit employees hired for a period not to exceed two years, pursuant to a specific money grant to fill a specified position.

(d) A Merit System position may not be filled with a contract or nonmerit employee until all laid-off Merit System employees who have been laid off from the substantially same position have been offered the vacant position and have likewise rejected the offer for the vacant position.

(e) If a function of a state agency is eliminated or ceased, the state would not be obligated to retain the employees of the state agency.

(f) The provisions of this section are supplemental and shall not be construed to repeal any law not in direct conflict.

(Acts 1939, No. 58, p. 68, §23; Code 1940, T. 55, §314; Acts 1983, No. 83-493, p. 691, §1; Act 2003-501, 2nd Sp. Sess., §1.)