Employment Service; Legal Definition by ert41610


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									                         Summary of Proposed Rule for Reductions in Force
    Current Language                      Proposed Language

    Uses retention points to measure      Uses continuous Miami University
    seniority                             service to measure seniority.

                                         Defines layoff jurisdictions as: (1) Oxford,
                                         Academic Affairs (2) Oxford, Student
                                         Affairs (3) Oxford, Finance & Business
    Defines layoff jurisdictions as main Services (4) Oxford, IT Services (5)
    campus and each regional campus. Oxford, University Advancement (6)
                                         Oxford, President's Office (7)
                                         Middletown Campus (8) Hamilton
                                         Campus & VOA

    Job abolishment: extra rights
    include being able to be placed in a
    vacancy, displace the least senior
                                          Combines job abolishment with the
3   person in your classification, fill a
                                          layoff section.
    vacancy in a lower classification in
    the classification series or displace
    down in the classification series.

                                          Adds temporary positions to the layoff
                                          order and requires employees in
    Layoff order does not include         temporary positions be laid off before
    temporary positions (FT is defined    employees in permanent positions.
    in another section of the ORC as a    Defines full time to include benefit
    40 hour employee)                     eligible employees (32 hours per week)
                                          as well as employees on a nine (9), ten
                                          (10) or eleven (11) month appointment.
    Permits a laid off employee to
                                              Laid off employees have displacement
5   displace into an immediately prior
                                              rights within their classification series.
    position if it was within 3 years .

    Reinstatement rights would be for
                                              There would be one reinstatement list.
    the position in the layoff jurisdiction
                                              Employees would have the option of
6   (Oxford, Middletown, or Hamilton
                                              selecting employment in any layoff
    campus). Recall would be to a
    position on any of the campuses.

    Order of reinstatement/recall:            Permits the department to interview and
7   positions are filled by order on the      select among the top 5 most senior
    appropriate list                          employees on the reinstatement list.
ctions in Force
         The proposed language is a modest
         change for the benefit of employees. The
         legal definition of retention points does
         not cover periods of unpaid leave. By
         changing the definition to continuous
         service employees are not penalized for
         taking periods of unpaid leave (i.e.
         parental leave, FMLA).

         Displacement would occur by classification
         series within the layoff jurisdiction.
         Employees would be protected in two
         ways. Bumping is lessened and employees
         would displace into positions in their
         current area. (See #6 for more details)

         Employees will benefit in a layoff situation
         to "bump" into vacant positions prior to
         displacing a co-worker. Extends job
         abolishment rights to layoff situations.

         The proposed language protects benefit
         eligible employees by defining them as full
         time employees for layoff purposes.
         Additionally, the proposed language
         makes it clear that temporary positions
         will be reduced first.
This language helps to decrease the
displacement and uncertainty for
employees and departments. It also
makes the process more easily

Employees will be able select which
campuses for which they have
reinstatement rights.

This language permits the hiring
department to interview employees and
select among the top 5. This also gives the
employee an opportunity to better
understand the department and the

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