PURPOSE: To establish consistent and defined policies for changes in the County's workforce (reference A).  A Decision Maker has the option to do one or more of the following: Reorganization, Reduction in Hours, Furlough, Layoff, or Job Changes.

SCOPE: This Policy and Procedure applies to all employees of Larimer County and employees of the Office of the District Attorney, Eighth Judicial District, with the exception of employees of the Larimer County Sheriff's Office.

RESPONSIBILITY: The Human Resources Director administers this Policy.

REVISION SECTION (Significant Changes from Previous Policy):

• Reference C (was P15A, Sheriff's Personnel Policy; deleted)
• Reference D (added)
• Section I, A
• Section III, A
• Section IV, A
• Section V, B, 2
• Section VII, 1
• Section VIII, B, 2, a
• Section VIII, C (added)
• Section IX, B, 4 (deleted)

 

POLICY AND PROCEDURE:

I.   PROCEDURE:

A.   When a Decision Maker believes it is appropriate to make a permanent reduction in hours, conduct a furlough or layoff, or make job changes as part of a reorganization, they must submit a business plan to a Human Resources Generalist.  The Decision Maker should contact their assigned HR Generalist for the most updated business plan template and guidance for its completion. The business plan must be approved by the Human Resources Director, or designee, after review by a Human Resources Generalist.

B.   The Human Resources Department will work with the Decision Maker to ensure compliance with County policies and applicable laws as well as provide support to the Decision Maker and any affected employees.

C.   Employees who are separated as a result of this Policy are not entitled to recall rights.  Separated employees may apply for employment when positions are posted.

II.  REORGANIZATION:

A change in the organizational structure or position changes that impact more than one employee.

III.    REDUCTION IN HOURS:

A.    Employees may volunteer to have their work hours permanently reduced as part of a workforce restructure. These requests will be reviewed and considered by the Decision Maker. The Decision Maker will make the final decision as to which employees' work hours will be permanently reduced.

B.     The permanent reduction of an employee's work hours may result in a change in the affected employee's leave accruals and insurance premiums.

IV.   FURLOUGH:

A.  A temporary leave from work that is not paid for a set period of time.

1.  An involuntary furlough is when the Decision Maker determines which employees will be required to take unpaid leave from work and may determine which workday(s) the furlough(s) will occur.
2. A voluntary furlough is when employees may volunteer to be furloughed, and if so, may choose the furlough day(s) at the Decision Maker's approval.
3. Employees selected for furlough must sign a furlough notice.  The Decision Maker must request this template from a Human Resources Generalist.  The approved request must be received in Human Resources no later than the day before the start of the pay period in which the furlough will happen.

B.  Impact on Benefits and Leave Accruals:

1.   Furloughed employees will continue to receive benefits per the Benefits Policy.  Furloughed employees should contact the Benefits staff for questions regarding required premium payments.

2.   Employees on furlough will continue to accrue leave, but are not permitted to use paid leave balances while on furlough except as needed to cover benefits premiums.

a.  If the furloughed employee is Exempt, he or she will be paid on an hourly basis during the furloughed work week(s).
b.  Furloughed employees will not perform County work during the furlough period and will not be paid a wage or salary during the hours that they are on furlough.

V.   LAYOFFS:

A.  The separation of an employee in a job that has been eliminated.

When the layoff of one or more employees is necessary, the layoff will occur in the following order:

1. Temporary employees in the identified jobs;
2. Probationary Regular employees in the identified jobs;
3. Limited Term employees hired after April 18, 1990 in the identified jobs;
4. Post-Probationary Regular employees in the identified jobs in the following order:
   a.  Employees with the least favorable performance records.  All performance evaluations, corrective actions, and disciplinary actions issued within five years prior to the proposed effective date of the layoff must be considered in making this determination.
   b.  If the evaluated performance of two or more employees is considered equal, the employee with the lowest number of years of current consecutive County service would be laid off before the employee(s) with greater seniority.  Periods of employment as a Temporary employee will not be counted.
   c.  If there are still two or more employees under consideration for layoff, the Decision Maker will see assistance from a Human Resources Generalist.

B.  Leave with Pay:

1. Limited Term employees hired prior to April 18, 1990 and all post-probationary Regular employees being laid off will be offered the opportunity to enter into a legally-compliant separation agreement (reference C) with Larimer County which would include Leave with Pay.
2. The amount of Administrative Pay is determined by the length of County service as outlined below.
   a.  An employee with three current consecutive years of County service or less will receive Leave with Pay for four weeks after the effective date of the layoff.
   b.  An employee with more than three current consecutive years of County service will receive Leave with Pay for eight weeks after the effective date of the layoff.
   c.  Periods of employment as a Temporary employee cannot be counted in determining years of service.

VI.   EMPLOYEE NOTIFICATION:

In determining when and what to communicate to employees, the Decision Maker will consult with a Human Resources Generalist.

An employee who will be affected by a reduction in hours, furlough, or layoff will receive written notice of the action.  The notification will include a statement of what has made the action necessary. The written notice will be accompanied by a copy of this policy.

Unless there is a compelling business reason approved by a Human Resources Generalist for not giving an employee a notice period, an employee will receive a minimum of five business days advance written notice.  At the Decision Maker's discretion, the employee may continue to work or may be placed on leave with pay.  A representative from the Human Resources Department may be present at the time the affected employee receives the notice.

VII.  REEMPLOYMENT AFTER LAYOFF:

If a laid-off employee is rehired within one year from the effective date of layoff, the following conditions will apply:

1.  accrue leave at the same rate as the employee accrued leave on the effective date of the layoff; 
2.  fully completed prior years of service may be counted for vesting purposes as provided for in the Retirement Plan Document; and
3.  restart at the same contribution level in the County Retirement Plan prior to the layoff.

VIII. JOB CHANGES:

A.   Creation of a New Job Description:

1.   A draft job description must be submitted to the Human Resources Generalist by the Decision Maker or designee.  Human Resources may determine a current job description is suitable for this request.

2.   Human Resources reviews the draft job description, analyzes comparative market information, establishes internal equity, and assigns the appropriate paygrade.  Human Resources will provide the final job description to the Decision Maker or designee.

3.  All new jobs must be approved by the Human Resources Director, or designee.

B.   Reclassification of an Existing Job:

1.   Jobs are reclassified when there are ongoing and significant changes in the employee’s job responsibilities.  Job descriptions are not intended to be all inclusive of the content of a specific job, but rather serve as a broad description of the general nature and level of the work involved.

2.   Reclassification of an existing job may be initiated through a submission of a Position Description Questionnaire (PDQ) (enclosure 1) or a written request that is reviewed and approved by a Human Resources Generalist. 

a.   The PDQ request may begin with either the employee or the supervisor, and is then submitted for review and signature.  The supervisor will then forward the questionnaire to the Decision Maker or their designee for review and signature.  It is then submitted to Human Resources for review.

b.   Reclassification decisions will be made by the Human Resources Generalist.  An appeal of the final decision may be submitted in writing to the Human Resources Director, and must include justification.  Reclassification appeals will be reviewed by the Human Resources Director, or designee, and their decision will be final.

c.   An employee may not be reclassified within the first six months the employee is hired in, promoted to, or reclassified into that position. 

d.   Approved reclassifications may not be effective any earlier than the date the completed Position Description Questionnaire (PDQ) was received in the Human Resources Department.

3.   Employees whose positions are under review for reclassification are not eligible for Out-of-Title Pay, unless approved by the Human Resources Director, or designee.

C.  Flexibly Staffed Positions:

1.  A position is considered to be flexibly staffed when it is noted in the job description for the higher-level position (reference D).

2.  When an employee has met the criteria for advancement as noted in the job description and is satisfactorily performing the duties of the position, the employee will be automatically advanced to the next level position.

3.  Position Description Questionnaires are not required for flexibly staffed positions.

IX.  PROBLEM SOLVING OPTIONS:

A.   Involuntary Furloughs, Reorganizations, and Reductions in Hours:

If an employee believes there has been a violation of County policy or there has been an illegal action, the affected employee must file a Problem-Solving Request as outlined in Human Resources Policy and Procedure 331.8 (reference B).  The filing of a Problem-Solving Request does not delay the effective date(s) of the action.

B.   Layoffs:

1.   Appeal Rights:

a.   An employee may file an appeal if they believe the layoff is in violation of the County policy or is not legal by following the procedure outlined below (Section IX, B, 2).
b.   Disagreement with a Decision Maker's determination regarding organizational needs and/or utilization of resources is not grounds for an Appeal.
c.   The filing of an Appeal does not delay the effective date of a layoff.

2.   Appeal Procedure:

a.   The Appeal must be in writing and filed with the Human Resources Director or designee and a copy must be sent to the Decision Maker who initiated the layoff.
b.   Clearly state the employee's reason(s) for believing the procedures outlined in County policy were not followed or the reason for believing that the layoff was done for illegal reasons.
c.  Describe the solution the employee is seeking through the Appeal.
d.   Time Period for Filing:

1)   An Appeal must be filed within five business days after the employee’s receipt of the layoff notice.  If the employee fails to file the Appeal within this time period, the Appeal will be considered untimely and a voluntary waiver of the employee's Appeal rights.
2)   The untimely filing of an Appeal may be waived if the Human Resources Director finds good cause to extend the time period.

3.   Procedure:

a.  The Human Resources Director, or designee, will review the following:

1. The employee’s written Appeal
2. Whether the Decision Maker's decision was reasonable and in compliance with policy.
3. Both the employee and the Decision Maker are required to participate in this process.

b.  The Human Resources Director, or designee, will issue a written decision within a reasonable period of time.  The written decision will address all issues raised in the Appeal.

1. If the decision is to reverse or modify the Decision Maker's decision, the decision will outline all actions the Decision Maker must take in order to resolve the Appeal.
2. If the decision is to affirm the Decision Maker's decision, the decision must advise the employee that the decision is final.

 

 

____________________________
Jody Shadduck-McNally
Chair, Board of County Commissioners
(Approved by BCC - Consent Agenda - 07/25/2023)
(Signature on original filed in Records Management)

 

Distribution:
All County Department and Elected Officials
Records Management SOP Manual (original)

 

CK/jw

 

DATE:   July 25, 2023

EFFECTIVE PERIOD:   Until Superseded

REVIEW SCHEDULE:   Every five years in July, or as needed

CANCELATION:   Human Resources Policy and Procedure 331.7.03E; November 1, 2022

ENCLOSURE(S): 

1. Position Description Questionnaire - LCHR-25

REFERENCE(S):

A.  Governing Policy Manual: Policy 3.2 - Treatment of Staff
B.  Human Resources Policy and Procedure 331.8 Corrective and Adverse Actions; Grievance Procedure; and Problem Solving Process
C.  Human Resources Policy and Procedure 331.4, Section XVI, Separation from County Employment
D.  Flexibly Staffed Positions