RIF Frequently Asked Questions (FAQ)

RIF PROCESS AND PROCEDURES

1. Q: FOR WHAT REASONS CAN A CLASSIFIED EMPLOYEE BE LAID OFF?
A: Classified employees may be laid off for the ensuing year due to lack of work or lack of funds. (Ed Code §45117)

2. Q: HOW MUCH NOTICE WILL I RECEIVE BEFORE A LAYOFF?
A: If a layoff is for lack of work or funds for the following school year, you must receive a notice by March 15. (Ed Code §45117)

3. Q: DO I HAVE A RIGHT TO A HEARING?
A: Permanent classified employees have the right to request a hearing. If you receive a March 15^th notice, the letter will explain how to request a hearing and include the applicable deadlines.   (Ed Code §45117)

4. Q: ARE THE CLASSIFIED LAYOFF AND REEMPLOYMENT PROCEDURES EXTENDED TO ALL CLASSIFIED EMPLOYEES?
A: Most regular status classified employees are covered by these provisions. Restricted, substitute, and most unclassified service employees are not covered by Education Code §§45117, 45298, and 45308.

5. Q: I AM A PROBATIONARY EMPLOYEE. AM I COVERED BY LAYOFF AND REEMPLOYMENT RULES?       A: Probationary classified employees do not have the same statutory right to a hearing that applies to permanent classified employees under Education Code Section §45117. However, if they are laid off, they still retain seniority based reemployment rights under Education Code section §45308. In addition, for purposes of section Education Code §45117, a “permanent employee” includes both an employee who was permanent when notice or hearing rights were required and an employee who became permanent after the date the required notice should have been given.

6. Q: WHAT HAPPENS IF THERE IS NO VACANCY IN MY JOB CLASSIFICATION AND I DO NOT HAVE ENOUGH SENIORITY TO BUMP ANOTHER EMPLOYEE?
A: If there is no vacancy in your current job classification and you do not have enough seniority to bump the least senior employee in the classification, you may have the right to return to a former classification in which you previously held regular status, based on your seniority in that classification. If no placement is available, you will be laid off and placed on a reemployment list in accordance with Education Code §§ 45298 and 45308. If laid off, your name will be placed, in order of seniority, on a reemployment list for the classification you held at the time of layoff for thirty-nine (39) months, in accordance with Code sections 45308 and 45298.

7.  Q: WHY DID I RECEIVE A RIF NOTICE IF THE BOARD REPORT (IN ATTACHMENT A) DOESN’T LIST MY POSITION AS BEING ELIMINATED?
A: You may receive a RIF notice even if your exact position is not listed as “closed” in the Board Report (Attachment A). The Board Report shows the list of positions that the District is closing, but those closures can lead to staffing changes that affect other positions as well. After the list of positions are closed, staffing changes can carry over to other positions through the “bumping” process, which is based on seniority and qualifications. Because staffing changes can affect other positions, you may receive a notice even though your position title does not appear as closed in the Board Report.

Example: If Position A is eliminated, the employee in Position A may move into Position B because they have “bumping” rights. In simple terms, if the employee was qualified and has previously held (or has return rights to) the Position B classification, they may be allowed to take an available Position B instead of being laid off. Then the employee currently in Position B may have similar rights to move into Position C, and so on. Even if Positions B and C are not “closed,” employees in those positions may still receive a notice because their assignment is affected by the “bumping” process.

8. Q:  IF I ACCEPT PLACEMENT IN A LOWER CLASSIFICATION INSTEAD OF BEING LAID OFF, DO I STILL HAVE RETURN RIGHTS TO MY FORMER CLASSIFICATION?
A: Yes. Under Education Code section 45298, if you take a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff, you may at your option, be returned to a position in your former class, or to a position with increased assigned time, as vacancies become available. If there is a valid reemployment list, you would be ranked on that list according to your proper seniority. In addition, Education Code section 45298, provides that an employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff is granted the same rights as a person laid off and remains eligible to be considered for reemployment for up to an additional 24 months, provided the same tests of fitness still apply. The Personnel Commission determines the specific period of reemployment eligibility on a class-by-class basis.

9. Q: WHAT IS A REEMPLOYMENT LIST?
A: A reemployment list is established for each job classification from which employees are laid off. Employees are placed on the list in order of classification seniority, with most senior employees having the first right to reemployment in that classification. If a vacancy occurs, the District will offer reemployment to the most senior qualified employee on the reemployment list in accordance with Education Code §§ 45298 and 45308.

10. Q: HOW LONG WOULD MY NAME REMAIN ON THE REEMPLOYMENT LIST?
A: If you are laid off from District service, your name will remain on the reemployment list for that classification for thirty-nine (39) months from the effective date of layoff. If you remain employed by the District in regular status in another classification, you still keep your reemployment rights to the classification you were laid off from as long as you remain in regular status. If you refuse three regular-status job offers for the specific classification, your name will be removed from the reemployment list for that specific classification.

11. Q: IF I ACCEPT A SUBSTITUTE ASSIGNMENT, WILL I STILL BE CONTACTED FOR A REGULAR OPENING?
A: Yes, accepting a substitute assignment does not affect your availability for regular assignments.

12. Q: THERE IS A POSITION I WOULD LIKE TO HAVE AND THE INCUMBENT HAS LESS SENIORITY THAN I DO. CAN I BUMP THAT PERSON?
A: No. Under Education Code § 45308, layoffs and bumping rights are determined by classification seniority, not by performance for a specific location or position. If there is a vacant position in your job classification, you would be placed in that position. Otherwise, you would bump the least senior employee in your job classification.

13. Q: WHAT IF I BUMP ANOTHER EMPLOYEE, BUT I DON’T LIKE THE LOCATION OF THE NEW POSITION?
A: Placement following layoff or bumping is determined by job classification, seniority and qualification requirements. Employees do not have the right to select a specific work location. If vacancies exist during the reassignment process, the PC will reassign you to a position in the same region or near your home. If your new assignment is inconveniently located, you may file a request for transfer (Change of Work Location) so that you can be considered for vacancies that might occur in the future. Obtain PC Form 5005 - Request for Transfer Form (Change of Work Location) – from the Classified Employment Services, from any of the Classified Employment Offices or from the Personnel Commission website.

14. Q: I AM A SCHOOL-BASED CLERICAL EMPLOYEE. I WOULD LIKE TO REMAIN AT MY SCHOOL. WHAT ARE MY OPTIONS IF MY POSITION IS CUT?
A: If there is a vacancy in your school for a classification in which you have seniority, you may be placed there depending on your seniority ranking. If there is no vacancy, you will be reassigned as close to your current work location and/or residence. Once you reach your new school, you can put in a transfer request to a location closer to your previous location or within your desired Local District. You will be contacted if an opening becomes available.