Layoff Q&A for Employers
This information primarily applies to non-represented employees. Employers should consult the Collective Bargaining Agreements or contact labor.relations@ofm.wa.gov for specific questions concerning represented employees.
General Questions
- What is the difference between layoff and other types of separation?
- How are positions selected for layoff?
- May an employer temporarily lay off an employee?
- Can an employee appeal a layoff action?
- What happens to a laid off employee's salary if appointed to a lower level class?
- What is an employment retention rating and how does it factor into layoff?
- What are competencies?
- Are 'competencies' as used in the rules the same as 'skills and abilities' as used in the collective bargaining agreements (CBAs)?
- What happens if competencies have not been identified prior to a layoff activity?
- How does an employer determine if a layoff candidate meets a position's requirements?
Layoff Lists
- Where do employees apply for layoff lists?
- How long may employees stay on layoff lists?
- Are all candidates on layoff lists certified for a vacant position?
- How many times may an employee that is hired from a layoff list voluntarily separate before being removed from the list?
Layoff Options
- What factors can be considered when determining layoff options for employees? Can performance be included?
- How do bumping options work when the layoff unit spans both represented and non-represented positions?
- How does an employer know if the position offered as a layoff option will be a good fit for the employee?
- What other options are available to employees after a layoff?
General Questions
What is the difference between layoff and other types of separation?
Layoff is not a disciplinary action. Layoff actions are caused specifically by:
- Lack of funds.
- Lack of work.
- Other organizational needs.
Examples of layoff actions due to lack of work may include, but are not limited to:
- Termination of a project or special employment.
- Availability of fewer positions than there are employees entitled to such positions.
- An employee's ineligibility to continue in a position following its reallocation to a class with a higher salary range maximum.
- An employee's ineligibility to continue, or choice not to continue, in a position following its reallocation to a class with a lower salary range maximum.
- Elimination of a position due to the work of the position being competitively contracted.
How are positions selected for layoff?
Management determines which positions will be selected for layoff.
May an employer temporarily lay off an employee?
An employer may temporarily lay off an employee by:
- Reducing an employee’s scheduled hours to no less than 20 hours per week and for no more than 60 calendar days.
- Furloughing an employee for 60 calendar days or less.
Can an employee appeal a layoff action?
Yes.
What happens to a laid off employee's salary if appointed to a lower level class?
An employee who accepts a demotion in lieu of layoff, or accepts a layoff option to a position with a lower salary range, will generally receive his or her current salary. However, if the previous salary exceeds the new position's salary range, the salary will be set equal to step M of the new position's range. The employee's salary may be set higher than the top of the salary range if allowed by the employer's salary determination policy.
What is an employment retention rating and how does it factor into layoff?
The employment retention rating is the basis for determining layoff options for non-represented employees.
What are competencies?
Competencies are the measurable and observable knowledge, skills, abilities, and behaviors critical to an employee's success in a key job role or function.
Are 'competencies' as used in the rules the same as 'skills and abilities' as used in the collective bargaining agreements (CBAs)?
Operationally, the CBA term 'skills and abilities' is equivalent to 'knowledge, skills, and abilities' as defined in Washington State's Competency Model. Competencies also include behaviors, but most organizations will likely focus on knowledge, skills, and abilities when determining layoff options. Some CBAs specifically define 'skills and abilities' for layoff as documented criteria found in:
- Licensing and certification requirements.
- State and federal requirements.
- Position descriptions.
- Recruitment announcements.
- Bona fide occupational requirements approved by the Washington State Human Rights Commission.
Consult the specific CBA for more information.
What happens if competencies have not been identified prior to a layoff activity?
Washington State's Civil Service Rules do not require establishment of competencies prior to a layoff. However, some collective bargaining agreements require that skills and abilities be identified at least three months in advance of a layoff. Employers should establish required competencies in advance of a layoff to avoid suspicion and complaints. If an employer must clarify competencies at the time of layoff, consulting an attorney is advised.
How does an employer determine if a layoff candidate meets a position's requirements?
Employers may require a state application, resume, employee profile, or other information from candidates to determine if they meet position requirements.
Layoff Lists
Where do employees apply for layoff lists?
If the employer maintains its own internal layoff list, the employee must submit an application directly to the employer. To join the General Government Statewide Layoff List, the employee must submit an application to the Department of Enterprise Services.
Employees interested in being placed on higher education’s statewide layoff lists must apply directly at the institutions. Similarly, higher education employees need to apply separately to general government’s statewide layoff list.
How long may employees stay on layoff lists?
Two years from the effective date of the qualifying action.
Are all candidates on layoff lists certified for a vacant position?
Yes, as long as they meet the competencies and other position requirements, and are not under a collective bargaining agreement that says otherwise. Employers may also choose to certify internal promotional candidates along with their internal layoff candidates. If so, this should be addressed in their layoff procedure.
How many times may an employee that is hired from a layoff list voluntarily separate before being removed from the list?
An employee who has been certified from the layoff list may waive consideration for a position in the class a maximum of three times.
Layoff Options
What factors can be considered when determining layoff options for employees? Can performance be included?
Seniority and position requirements, including competencies, are the two main factors to consider in determining layoff options for employees.
How do bumping options work when the layoff unit spans both represented and non-represented positions?
The laid off employee’s position determines the bumping options. If it is within a bargaining unit, bumping options will be governed by the collective bargaining agreement. If it is not part of a bargaining unit, bumping options will be governed by Civil Service Rules.
How does an employer know if the position offered as a layoff option will be a good fit for the employee?
Employers may require that employees hired as a layoff option or from a layoff list serve a six-month transition review period
What other options are available to employees after a layoff?
Employees subject to a layoff may also be placed on one or more layoff lists.
