2011 Ohio Revised Code
Title [1] I STATE GOVERNMENT
Chapter 124: DEPARTMENT OF ADMINISTRATIVE SERVICES - PERSONNEL
124.322 [First of two versions] Layoff procedures.

Whenever a reduction in the work force is necessary, the appointing authority of an agency shall decide in which classification or classifications the layoff or layoffs will occur and the number of employees to be laid off within each affected classification. The director of administrative services shall adopt rules, under Chapter 119. of the Revised Code, establishing a method for determining layoff procedures and an order of layoff of, and the displacement and recall of, laid-off state and county employees.

The order of layoff in those rules shall be based in part on length of service and may include efficiency in service, appointment type, or similar other factors the director considers appropriate. If the director establishes relative efficiency as a criterion to be used in determining order of layoff for state and county employees, credit for efficiency may be other than ten per cent of total retention points.

Effective Date: 10-25-1995; 07-01-2007

This section is set out twice. See also § 124.322, as amended by 129th General Assembly File No. 10, SB 5, § 1, subject to referendum.

124.322 [Second of two versions] Layoff procedures

Whenever a reduction in the work force is necessary, the appointing authority of an agency shall decide in which classification or classifications the layoff or layoffs will occur and the number of employees to be laid off within each affected classification. The director of administrative services shall adopt rules, under Chapter 119. of the Revised Code, establishing a method for determining layoff procedures and an order of layoff of, and the displacement and recall of, laid-off state and county employees. Layoffs, job abolishments, and displacements shall be governed by the Revised Code or the rules adopted pursuant to it that are in effect at the time the appointing authority files the statement of rationale and supporting documentation in accordance with section 124.321 of the Revised Code, as applicable. Otherwise, layoffs, job abolishments, and displacements shall be governed by the Revised Code or the rules adopted pursuant to it that are in effect at the time of notification of layoff or displacement to the employee.

The order of layoff in those rules shall be based in part on length of service ; however, the rules shall prohibit an agency from using an employee’s length of service as the only factor to determine whether to lay off the employee.

Amended by 129th General Assembly File No. 10, SB 5, § 1. This amendment is subject to referendum in the Nov. 8, 2011 election.

Effective Date: 10-25-1995; 07-01-2007

The amendment to this section by 129th General Assembly File No. 10, SB 5, § 1 has been made subject to referendum in the upcoming November, 2011 election.

This section is set out twice.