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State Personnel Director Official Communication 07-04

April 18, 2007
TO: ALL APPOINTING AUTHORITIES, HUMAN RESOURCES OFFICERS, AND RECOGNIZED EMPLOYEE ORGANIZATIONS

FROM: JAMES D. FARRELL, STATE PERSONNEL DIRECTOR

SUBJECT: PROPOSED RULE AMENDMENTS

Staff proposes that the Civil Service Commission consider the attached amendments to the Civil Service Rules.  The proposed amendments are summarized as follows:

1. Temporary Layoffs (Rules 2-4, 2-5, 5-16, and 9-1)

  In response to the current fiscal situation, staff recommends that Rule 2-4 (Layoffs) be amended by adding a new section permitting temporary layoffs for nonexclusively represented employees (NEREs).  A temporary layoff differs from an indefinite layoff in the following important ways:

  A. A temporary layoff is an unpaid layoff of one or more full workdays, but limited to a maximum of 20 cumulative workdays in a fiscal year.  [Indefinite layoffs are unlimited.]

  B. A temporary layoff is not a break in service and is creditable time.  The employee gets credit for insurance, leave accruals, and service for each day of temporary layoff as if the employee were on active pay status.  [Time on an indefinite layoff is not creditable time.]

  C The rules and regulations governing employment preference do not apply to temporary layoffs.  [Employment preference applies to indefinite layoffs.]

  D. The regulations governing recall do not apply to temporary layoffs.  However, persons returning from a temporary layoff are guaranteed to return to the same position from which they were laid off.  [Recall from an indefinite layoff is not guaranteed.]

  E. An employee cannot substitute annual leave, personal leave, school and community participation leave, banked leave, compensatory leave, sick leave, deferred hours, or any other paid status for a temporary layoff.  An employee also cannot elect to be paid for any accrued leave balances.  [An employee placed on indefinite layoff may elect to be paid for all accrued annual leave.]

  Conforming amendments are proposed for Rule 2-5 (Employment Preference) and Rule 9-1 (Definitions of “creditable time” and “noncreditable time). Also, staff proposes deleting Rule 5-16 (Temporary Furloughs) in its entirety.  This rule applied exclusively to Fiscal Year 2003-04.

The proposed amendments will be considered by the Civil Service Commission at its next meeting, scheduled for 10:30 a.m., Wednesday May 2, 2007, Capitol Commons Center, 400 S. Pine Street, Lansing.  Comments regarding the proposed amendments may be addressed to Janet McClelland, Chief Deputy Director, Department of Civil Service, P.O. Box 30002, Lansing, Michigan, 48909, or e-mail at McclellandJ@michigan.gov.  Comments must be received by Wednesday, April 25, 2007.


Related Documents
MDCS_Clarification_Retirement_Credit - 31316 bytes PDF icon
MDCS_SPDOC 07-04_TempLayoffClarification - 31142 bytes PDF icon
MDCS_SPDOC 07-04a - 48924 bytes PDF icon
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