Chapter 7

Local Administrative HR Manual - Chapter 7

Discipline and Termination of Employment (Summary)

Section I – Layoff

Purpose: Addresses workforce reduction or reorganization.
Scope: Applies to all employees.

A. Definitions

Key terms include: Conditional status period, Demotion in lieu of layoff, Emergency employee, Former position, Layoff unit, Minimally qualified, Placement option, Probationary employee, Recall rights (valid for 6 months), Regular employee, Restricted employee, Seniority, Temporary employee; Valid vacancy.

B. Layoff Procedure

Steps include:

1. Freeze hiring on valid vacancies.
2. Identify layoff units and valid vacancies.
3. Abolish vacant positions.
4. Terminate emergency, temporary or restricted employees.
5. Rank regular employees for layoff using performance and seniority.
6. Offer placement options (may involve demotion or part-time).
7. Notify employees (minimum 2 weeks).
8. Provide recall rights notice (valid for 6 months).
9. Abolish former positions.
10. Offer recall based on seniority.

Section II – Grievance Procedure

Purpose: Provides employees a process to address unfair policy application, discrimination, discipline or retaliation.
Scope: Applies to LDSSs adopting the Board-approved procedure.

A. Access to Procedure

Available to non-probationary, regular employees and directors. Excludes probationary, restricted, seasonal, emergency or temporary employees. Must initiate within 30 days of event.

B. Grievability

Grievable issues: Discipline, unfair policy application, discrimination, retaliation or certain layoffs.
Nongrievable issues: Pay, classification, work assignments, hiring decisions etc.

C. Conciliation or Mediation

Encourages informal resolution or mediation before formal grievance.

D. Management Steps

Three steps:

1. First Step: Informal oral complaint → formal written grievance to supervisor → meeting and written response.
2. Second Step: Appeal to Director → meeting and written response.
3. Third Step: Appeal to LDSS Board → meeting and written response.

Qualification for Administrative Hearing: If unresolved, request qualification within 5 workdays; may appeal denial to circuit court.

E. Administrative Hearing

Panel of three or hearing officer hears case; decision is final and binding unless inconsistent with law/policy.

F. Compliance

Failure to follow procedure without just cause results in decision for other party.

Section III – Termination / Separation

Purpose: Addresses types of separation and related benefits.
Scope: Applies to all employees.

A. Definitions

Includes: Accrued leave, Discharge, Layoff, Reasonable notice, Resignation, Separation and Termination.

B. Types of Termination / Separation

• Resignation: Voluntary; 2 weeks’ notice requested; rescission allowed within 5 workdays if accepted.
• Discharge/Termination: Requires pre-termination notice and meeting for non-probationary employees.
• Layoff: See Section I.
• Other Separation: Includes job abandonment, death; etc.

C. Benefits upon Termination / Separation

• Payment for accrued leave.
• Health insurance continuation under COBRA.

D. Recording Date

Last day worked or last day on leave.

Section IV – Extended Health Plan Coverage

Purpose: Explains continuation of health coverage after loss of eligibility.
Scope: Applies to employees in LDSS health plan or flexible spending accounts.

A. Definitions

Includes COBRA, LDSS, gross misconduct, qualified beneficiaries, qualifying events and qualified health plan.

B. Qualifying Events

Loss of coverage due to:

• Employee: reduced hours, leave without pay or termination (except gross misconduct).
• Spouse: employee’s death, divorce or Medicare eligibility.
• Dependent: similar events or loss of dependent status.

C–E. Notices

Employee must notify LDSS within 60 days of qualifying event.

F. Continued Plan Participation

• Election within 60 days; coverage retroactive to event.
• Up to 18 months (24 for military, 29 if disabled, 36 if second event).

G. Premium Payments

Employee pays 100% + 2% admin fee; 150% if disabled extension.

H. Coverage Ends

At max period or earlier for nonpayment, new coverage, Medicare or plan termination.

I. Other Provisions

Open enrollment, appeals, Family and Medical Leave coverage.

J. HIPAA Benefits

Conversion rights, enrollment in spouse’s plan, certificate of creditable coverage.