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Link to original content: https://merb.delaware.gov/state-merit-rules-chapter-11/
Providing timely disposition of Merit employee grievance and maintenance review classification appeals.
11.1 Agencies may choose to lay off Merit employees for legitimate substantiated reasons (e.g., loss of funding, abolishment of the position) unrelated to their conduct or performance.
11.2 The DHR Secretary shall determine the boundaries of the layoff field.
11.3 Employees who have been identified as layoff candidates shall be given at least 30 days written notification by the agency, unless an emergency condition exists.
11.4 Employees identified as layoff candidates shall be given hiring preference.
11.5 Employees who cannot be placed via hiring preference shall be placed in any vacancy for which they qualify in their class or occupational series, which is equal to or no more than 3 paygrades lower than their current paygrade within the layoff field. Employees may choose to be placed in a vacancy that is more than 3 paygrades lower.
11.6 Employees shall be presumed to exercise bumping rights in their county of employment only, unless they provide notice to the agency authority within 10 calendar days of receivingthe layoff notice. Employees may waive their bumping rights.
11.7 If placement is not possible under 11.5, bumping shall begin. Employees may only bump employees having less seniority. Employees, in order of seniority, shall bump the least senior employee in their present class, and, as necessary, bump the least senior employee in each succeeding lower class until there are no positions within the same occupational series into which employees may bump.
Related Topics: Layoff Procedures, Merit Rules
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