(a) An appointing authority may institute layoff actions for economy, efficiency, or other related reasons.
- Demotions for economy, efficiency, or other related reasons shall be considered layoff actions and shall be subject to the requirements of this chapter.
(b) In the case of those titles approved for inclusion in job bands (see N.J.A.C. 4A:3-3.2A), all layoff rights, including lateral, demotional, and special reemployment rights, shall be based on the job band, not the title level within the band.
- All references to titles in this chapter shall mean the job band in the case of those titles approved for inclusion in job bands.
- All references to class codes in this chapter shall mean the class code of the lowest title level in the band in the case of those titles approved for inclusion in a job band.
(c) The Chairperson or designee shall determine seniority (see N.J.A.C. 4A:8-2.4), and shall designate lateral, demotional, and special reemployment rights for all career service titles prior to the effective date of the layoff and have such information provided to affected parties.
(d) At no time shall any employee be subject to any layoff action if the employee is on a military leave of absence for active service in the Armed Forces of the United States in time of war or emergency.
4A:8-1.2 Alternatives to layoff
(a) In State service, appointing authorities shall lessen the possibility of layoffs by offering and implementing, as appropriate, voluntary alternatives.
(b) In local service, appointing authorities should lessen the possibility of layoffs by considering voluntary alternatives.
(c) Alternatives to layoff may include, but are not limited to:
- Granting of leaves of absence without pay to permanent employees, without loss of seniority for purposes of this Title, subject to the approval of the Chairperson or designee;
- Granting voluntary furloughs to employees (see N.J.A.C. 4A:6-1.23);
- Allowing voluntary reduction of work hours by employees, which may include job sharing arrangements;
- Providing employees with optional temporary demotional title changes; and
- Other appropriate actions to avoid a layoff.
(d) Employee participation in alternatives is voluntary. Should a layoff occur despite alternative measures, employee layoff rights shall not be diminished by their participation in any such alternative measure; that is, the employee will be considered to have been serving in the original title and earning seniority in that title.
(e) Appointing authorities should consult with affected negotiations representatives prior to offering alternatives to layoff.
(f) Appointing authorities shall submit a plan for alternatives to layoff and obtain approval from the Chairperson or designee prior to implementation. The plan shall include time periods for all alternatives, a statement of the employees' right to be restored to prior status should a layoff occur during such time periods, and summaries of employee status and salary at the conclusion of time periods.