1905 Staff Reduction

Georgia State Seal

Georgia Department of Human Services
Human Resources Policy #1905

Staff Reduction

Release Date:

October 1, 1999

Revised Date:

July 10, 2023

Next Review Date:

July 09, 2025

References:

O.C.G.A. 45-20-19 — Reduction in Force Notice
O.C.G.A. 47-2-2 and 47-2-123 — Involuntary Separation
Rules of the State Personnel Board 478-1-.04 — Reduction in Force

A reduction in force (RIF) is the separation from a job, furlough, or salary reduction of one (1) or more employees as the result of a shortage of work or funds, a change in organization or operations, or to otherwise support the financial health and viability of an agency.

Any staff reduction involving employees eligible for involuntary separation retirement benefits must receive prior approval from the State Personnel Oversight Commission.

Prior to initiating a staff reduction, the impacted division must contact the Office of Human Resources (OHR) for assistance.

Section A: RIF Plan for Classified Employees

When it is necessary to initiate a staff reduction of classified employees, a RIF Plan must be prepared in accordance with the Rules of the State Personnel Board.

  1. The impacted division is to advise OHR of the circumstances requiring the RIF and the proposed effective date of the RIF.

  2. OHR will work with the impacted organization to develop the RIF Plan.

  3. OHR will forward the completed RIF Plan to the Commissioner for review and approval for submission to the Department of Administrative Services (DOAS).

  4. A copy of the approved RIF Plan must be made available for inspection by any employee impacted by the RIF.

Section B: Competitive Process for Classified Employees

  1. The order of retention of classified employees involved in a competitive process is determined by a combination of retention credits, average summary of performance rating, and status as a veteran of a period of armed conflict, as outlined in this section.

  2. Retention Credits

    1. Retention credits are calculated using an employee’s average summary rating of annual performance and length of continuous and most recent service.

    2. Summary ratings on performance evaluations are assigned the following numerical values for the purpose of computing retention credits:

      1. zero (0) for a summary rating of “Unsatisfactory Performer”

      2. two (2) for a summary rating of “Successful Performer – Minus”

      3. three (3) for a summary rating of “Successful Performer”

      4. four (4) for a summary rating of “Successful Performer – Plus”

      5. five (5) for a summary rating of “Exceptional Performer”

  3. The average summary rating is derived by adding the numerical values assigned to the summary ratings of all annual performance evaluations issued in the two (2) years immediately prior to the performance evaluation cutoff date set by the agency in the reduction in force plan and dividing the sum thereof by the number of ratings, rounded to the nearest tenth of a point.

  4. If no performance evaluation was issued during the two-year period, an employee will be assigned a presumptive average summary rating of three (3) Successful Performer.

  5. The average summary rating converts to retention credits as follows:

    1. 0 retention credits for an average summary rating of 1.0 to 1.9

    2. 60 retention credits for an average summary rating of 2.0 to 2.4

    3. 68 retention credits for an average summary rating of 2.5 to 2.9

    4. 76 retention credits for an average summary rating of 3.0 to 3.4

    5. 84 retention credits for an average summary rating of 3.5 to 3.9

    6. 92 retention credits for an average summary rating of 4.0 to 4.4

    7. 100 retention credits for an average summary rating of 4.5 to 4.9

    8. 108 retention credits for an average summary rating of 5.0

  6. Employees receive one (1) additional retention credit for each full year of continuous service, including any period of leave which has been allowed in accordance with these Rules.

    1. One-half year or more will be considered as one (1) year; less than one-half year will be disregarded.

    2. For determining years of continuous service as provided in this section, service shall be computed up to the effective date of the reduction in force.

    3. If a classified employee was hired into the Executive Branch from a local department of Public Health or Community Service Board, or vice versa, without a break in employment, then continuous classified service with these employers is considered when determining retention credits.

  7. The sum of the retention credits for the average summary rating of performance and length of continuous service equals the total number of retention credits for an employee.

    It is not necessary to compute or list retention credits in the RIF Plan for a competitive job when the competitive job consists of only one employee or when all incumbents in the competitive area are to be separated effective the same date.

Section C: Order of Retention

  1. Within a competitive job in a competitive area the order of RIF of employees in each job shall be, from the lowest to the highest number of retention credits:

    1. The first group of employees impacted are those who are not honorably discharged veterans during a period of armed conflict and whose average summary rating of performance is lower than three (3) “Successful Performer”;

    2. The second group of employees impacted are those who are honorably discharged veterans during a period of armed conflict and whose average summary rating of performance is lower than three (3) “Successful Performer”;

    3. The third group of employees impacted are those who are not honorably discharged veterans during a period of armed conflict and whose average summary rating of performance is three (3) “Successful Performer” or higher; and,

    4. The final employees impacted are those who are honorably discharged veterans during a period of armed conflict and whose average summary rating of performance is three (3) “Successful Performer” or higher.

  2. If two (2) or more employees have the same total number of retention credits, and one (1) or more will be impacted by the RIF, the order of retention will be determined as follows:

    1. Employees will be retained based on a review of their overall summary ratings on all performance evaluations which were used in the calculation of retention credits.

    2. If two (2) or more employees have the same overall summary ratings on the performance evaluations, as referenced above, the order of retention will be determined by the original date of continuous employment in the classified service.

    3. If two (2) or more of these employees were hired into the classified service on the same date, the order of retention will be determined by drawing lots.

  3. Classified employees in the same competitive job in a competitive area are affected by reduction in force in the sequence within Section C1 of this policy, except as outlined in this paragraph. If the position of an employee is not to be abolished and the appointing authority determines its duties cannot be satisfactorily performed after a reasonable training period by an employee higher in the order of retention whose position is to be abolished, the employee who can satisfactorily perform the duties may be retained in preference to an employee higher in the order of retention. The facts supporting the use of this provision must be stated in the reduction in force plan.

  4. In the event of a reduction in force that involves a layoff, the following provisions apply for employees in a competitive job within a competitive area who are either on contingent leave or working test:

    1. Classified and unclassified employees on contingent leave without pay shall be the first to be separated, except as set forth in Section C3 of this policy.

    2. Classified employees on working test following a promotion shall revert to the last job (or equivalent if such job is not available) in which they hold permanent status and shall, if necessary, compete with other employees in that job, provided the job exists in the competitive area

Section D: Competitive Process for Unclassified Employees

  1. When a competitive process includes only unclassified employees, the agency has discretion to use the classified employee formula or implement another nondiscriminatory process that effectively supports its business needs. For example, the agency may consider some combination of performance, tenure, competencies, discipline history, etc.

Section E: Required Notice

  1. When a DHS office unit proposes to eliminate one (1) or more classified positions or proposes to terminate one (1) or more classified employees through a RIF, written notice must be given to affected employees at least 30 days before the effective date. The notice must include:

    1. The nature of the proposed action with respect to the impacted employee; and,

    2. The impacted employee’s rights with respect to the proposed RIF, including:

      1. Any right of appeal,

      2. Other opportunities with respect to possible continued employment,

      3. Any opportunities to apply for employment with any public or private party assuming the functions of the employee, or other similar opportunities, and,

      4. Rights and options with respect to employment benefits, including but not limited to continued participation in any retirement system or insurance plan.

  2. The above notice requirement does not apply when a RIF must become effective immediately due to insufficient funds to pay the salaries of affected employees.

Section F: Reinstatement

  1. Any classified employee who is separated or reduced in time status as a result of a RIF retains a right to reinstatement in the Department to a classified position within the same job and competitive area from which the employee was separated or reduced in time status.

    1. To be eligible for reinstatement, the employee must meet all the position qualifications (including any special qualifications, licensure and certification requirements).

    2. The employee is eligible for reinstatement for a period of one (1) year from the date of separation or reduction in time status.

    3. Reinstatement is in inverse order of the separation or reduction in time status.

    4. A refusal of reinstatement after reasonable notice nullifies this right.

Section G: Reemployment

  1. Any employee (classified or unclassified) who is separated from a position, as a result of a staff reduction and then reemployed with DHS or any other Department outside of the competitive area of the RIF (if applicable) is hired into the unclassified service.

Section H: Restoration of Leave

  1. The following leave provisions apply to eligible employees who are reinstated or reemployed with DHS within one (1) year of the effective date of a staff reduction:

    1. Any previously accumulated and unused sick leave will be restored.

    2. Any forfeited leave accumulated at the time of the staff reduction will also be credited to the employee. It can only be restored and used under the conditions identified in DHS Human Resource/Personnel Policy #1006 – Accrued Leave.

    3. The period of absence between the date of separation and the date of reinstatement or reemployment will not be considered a break in service for the purpose of graduated leave accrual.

Section I: Retirement Status

  1. Employees who were members of the old plan with the Employees' Retirement System (ERS) and did not request a refund of contributions when separated due to staff reduction, may upon reinstatement or reemployment continue to be members of the old plan.

  2. Members of ERS who did request and received a refund of contributions will only be eligible for membership under the new plan upon reinstatement or reemployment.

For additional information or assistance, please contact your local Human Resources Representative.