Resignation Letter Notice Period Waiver

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					                                        RULE C11

                             RESIGNATION AND LAYOFF

C11.0 Resignation

An employee may resign from employment with the Alaska Court System by delivering a
written resignation to the employee's supervisor at least 10 workdays prior to the effective
date of the resignation. The effective date is the last day the employee expects to work.
All resignations must have an effective date. Holidays and previously approved personal
leave are excluded from the 10 day notice period. The date the notice of resignation is
delivered to the supervisor in person, by e-mail or by fax is considered the first day of
notice.

Employees who do not follow this procedure will not be considered to have resigned in
good standing, unless the 10 day notice requirement has been waived under Section C of
this rule. An employee who is considered to have not resigned in good standing will not be
eligible for rehire under Personnel Rule C3.02.C.

The supervisor of a resigning employee must acknowledge in writing, receipt and
acceptance of the employee’s resignation. This acknowledgement may be done by writing
on the employee’s written resignation notice and providing a copy to the employee or the
supervisor may acknowledge receipt of the notice by e-mail to the employee or by
separate memo to the employee. A notice of resignation is deemed to be accepted
regardless of written acknowledgement by the supervisor.

Upon receipt, the supervisor of a resigning employee must immediately send a copy of the
employee’s written resignation notice and acknowledgement to the Human Resources
Department and to the Area Court Administrator for trial court employees, the Clerk of the
Appellate Court for appellate court employees, or the Deputy Administrative Director for
employees in administration.

A.     Resignation While on Leave

       An employee who goes on leave and subsequently gives notice of resignation
       without returning to work will be considered as having terminated employment on
       the last day worked. However, if an employee terminates while on approved
       family medical leave, the date of the written notification will be considered the
       date of termination.

B.     Withdrawal of Resignation

       With the approval of the supervisor, an employee's resignation may be withdrawn
       at any time prior to the effective date. A request to withdraw a resignation must be
       in writing from the employee. The supervisor shall consult with the Human
       Resources Director prior to approving an employee’s request to rescind the
       employee’s resignation.



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C.    Waiver of 10 Workday Notice

      Under extenuating circumstances the employee may make a written request
      through the supervisor to the Human Resources Director requesting that the
      required 10 workday advance notice be waived. The Human Resources Director
      will respond in writing to the employee within one business day of receipt of the
      employee’s written request for a waiver of the 10 workday notice.

D.    Resignation in Lieu of Dismissal

      Upon request of the employee and upon recommendation of the supervisor, the
      Human Resources Director may approve an employee’s resignation in lieu of
      dismissal. If an employee is permitted to resign in lieu of dismissal, the supervisor
      shall document the reasons why the employee would have been dismissed had the
      employee not resigned. A copy of this statement will be given to the employee and
      a copy will be placed in the employee's personnel file. An employee allowed to
      resign in lieu of dismissal is considered not eligible for rehire.

C11.01 Layoff

An employee in the Alaska Court System may be laid off if there is a shortage of work or
funds, or for other reasons outside the employee's control, which do not reflect discredit
on the service of the employee. The determination of the need for a reduction in force
will be made by the Administrative Director or the Chief Justice.

A.    Order of Layoff

      The name of a regular or probationary classified employee who is involuntarily
      separated from the classified service because of a shortage of work or funds,
      because of a reorganization, or for other reasons beyond the employee’s control
      will be placed on the appropriate layoff lists.

      The order of the layoff will be based on seniority, within the identified organizational
      units, (Appendix C) within the same job class and position status (full-time or part-
      time).

      For seniority purposes, total Alaska Court System service, excluding temporary
      employment and periods of leave without pay that are not designated as family
      medical leave or military leave under USERRA, will be counted. An employee in a
      flexibly staffed position will be placed on the layoff list based on the employee’s job
      class at the time of the layoff.

      For employees with equal seniority, the Human Resources Director will consider
      performance evaluations and other performance records to determine who will be
      laid off first.

      The Human Resources Director shall promulgate layoff lists from approved
      organizational units for layoff purposes. The order of employees on the layoff list
      will be in ascending order by years, months, and days of service. The employee
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     listed first shall have the least seniority and shall be laid off first, the second
     employee second, etc.

B.   Notice to Employee of Layoff

     The Alaska Court System will make every reasonable effort to give an employee
     affected by a layoff 30 calendar days notice of the layoff. Except under extenuating
     circumstances, a probationary or regular employee, affected by a layoff, will be
     given written notice at least 15 calendar days before the effective date of layoff.

     No probationary or regular employee in the classified service may be laid off while
     there are temporary or substitute employees serving in the same classification
     within the same organizational unit.

C.   Benefits While on Layoff

     The initial notice of layoff to the employee will include information regarding the
     employee’s benefits during the period of layoff. An employee may request that
     the employee’s leave balance be cashed out upon layoff.

D.   Recall

     The order of recall from layoff will be the inverse of layoff, i.e. the employee with the
     most seniority will be recalled first, followed by other employees in descending
     order of seniority.

E.   Recall Rights

     An employee retains recall rights to the organizational unit and job class from which
     the employee is laid off for a period of two years from the effective date of the
     employee’s layoff.

     The name of a laid off employee will be placed on a non-competitive layoff list and
     may remain on it for two years. When a certified eligible list is requested by the
     hiring authority, the employee highest on the layoff list for that organizational unit in
     that job class will be certified to the position.

     At all times, it is the employee’s responsibility to ensure the Human Resources
     Department has current contact information to recall the employee from layoff.

     An employee who accepts another position in the court system, in lieu of layoff, at a
     lower salary range than the employee’s current salary range before the effective
     date of the layoff, or while in layoff status accepts a position at a lower salary range
     than the position from which the employee was laid off, retains recall rights to the
     organizational unit and job class from which the employee was laid off for a period
     of two years from the date of layoff.




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F.   Recall Rights for Employees in Limited Job Classes

     If an employee is laid off from a job class containing less than three filled positions
     in the organizational unit at the time of layoff, the employee may elect one
     additional job class at an equal or lower range for which the employee is qualified,
     to which the employee will have recall rights. Selection of the additional job class
     must be made within five working days from the receipt of the layoff notice. The
     employee’s qualification for the selected job class will be determined by the Human
     Resources Department.

G.   Job Recall

     An employee on layoff will be given five workdays from receipt of the written or
     verbal notification of recall to accept or reject a position in the same job class and
     organizational unit from which laid off.

     A laid off employee who refuses to accept an appointment to the same
     organizational unit and job class, or to a job class selected under Personnel Rule
     C11.01.F or does not respond to a recall notice within the established time frames,
     loses all recall rights. An employee who loses recall rights under this section will be
     given written notice of separation.

H.   Termination of Layoff Rights

     An employee’s right to be recalled from layoff will terminate when any of the
     following occur:

     (1)    The employee resigns from the court system.
     (2)    The employee is appointed to a job class at the same or higher salary
            range than the job class from which laid off.
     (3)    The employee fails to accept a recall offer in the job class and
            organizational unit from which the employee was laid off.
     (4)    The employee fails to respond to a recall offer within the designated time
            frames set forth in Section G above.
     (5)    The employee has been on layoff for two years and has not been recalled
            to work.
     (6)    The employee files an application for formal retirement under PERS or for
            the withdrawal of PERS funds.
     (7)    The employee fails to advise the court system of a current mailing
            address. For this purpose, the return of a letter by the post office with the
            inability to forward the letter to a more current address will be deemed to
            be sufficient grounds for an administrative separation.




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