Did You Receive a Layoff Notice?
Help IS available!
What You Need to Know
If you receive a lay-off notice, either
1. Go to the SEA website and fill out our online “Layoff Intake Form” or
2. Contact your SEA Steward or Worksite Leader – They are your first point of contact. You can find their information though the links here.
Do this immediately after receiving the notice of layoff. If you decide to appeal your layoff, there is a very short time frame to file the appeal.
THENFile a formal Request for Information with your Department. You can download a template for this document here.
Why? If you decide you want to appeal your layoff to the NH Personnel Appeals Board (PAB), the PAB will need a reason why your layoff should be overturned -- and that will require some basic information that only your Department can provide. Your SEA Steward can help with this, or you can get help from SEA staff.
THEN Contact the Department of Personnel to update your records (qualifications & skills) for their Reduction in Force (RIF) List.
Click here for a list of SEA staff members who are trained to help you though this process.
Please review carefully the items listed below. Some require your immediate attention, while others may wait.
**Keep in mind that the Governor and Legislature have suspended certain Personnel Rules, including “Bumping Rights” and the requirement that Departments lay off temporary, probationary and part-time employees before laying off permanent full-time employees. SEA has an open suit against the State of NH and will continue to fight for the restoration of these rights.**
According to the Rules of the Division of Personnel, Per 1101.01, an appointing authority may lay off an employee only when such layoff becomes necessary because of one or more of the following reasons:
(a) Abolition of a position;
(b) Change in organization;
(c) Decline in agency work load;
(d) Insufficient funding;
(e) Change in state law; or
(f) Change in federal requirements.
Be certain of what your notice states. Some employees may receive Transfers or Demotions rather than a Layoff or Reduction in Force (RIF) Notice.
The New Hampshire Personnel Appeals Board (PAB) dismissed almost all SEA/SEIU Local 1984 Appeals from the previous lay-offs. Why? We filed them all together and they dismissed them the same way. Therefore, we changed our methods to meet their interpretation of the rules – or – simply put, “we became more agile to jump through their hoops.”
Things you should review are:
- Your Seniority. (Your Steward can help with this). Here is the relevant quote from the NH Personnel Rules:
As per Personnel Rule 701.01, Seniority Based on Full-time Employment:
(a) Seniority shall be based on the length of continuous full-time employment with the state from the most recent date of hire.
(b) Full-time employment shall be calculated on the basis of years, months, and days of service, except that any days, months, or years of leave without pay for personal or educational purposes shall not be counted toward seniority.
(c) The length of seniority calculated under paragraph (b) shall include adjustments for prior military service as provided under Per 701.02 and 701.03, except that any permanent employee who voluntarily leaves state service shall not be entitled to receive an additional seniority adjustment for the same prior military service upon rehire.
- Contact Department of Personnel – Update your information for the Reduction In Force (RIF)Listing
- Personnel File – Check to be certain all information is current and review items that may have to be explained.
- Pay-out (Sick, Annual, Comp, Bonus, & Floating Holiday) – Review for accuracy
- Healthcare Benefits – COBRA
- Unemployment Benefits – Calculate when benefits will begin & plan your finances between now and then. The State expects you to live on your payout - - unemployment benefits will not begin until after your payout has been exhausted according to NH Employment Security (NHES) rules.
- NH Retirement – Dependent on certain criteria – Set an appointment with the Retirement System if you think you are eligible.
- Do you participate in the NH Deferred Compensation Plan? The plan is now administered by Great West, not ING. If you participate in the plan, check with Great West at www.nhdcp.com regarding your options.
- Do you have a Flexible Spending Account? Check with your HR administrator to see how long you will have to use the balance.
- Update all of your personal information with SEA – Address, Phone, & Email. Call 271-3411 or send an email to sea@seiu1984.org.
- You will need to continually check for re-hire opportunities. Check in two places: with your Department for recall to your position and with the Department of Personnel for other openings within state government.
- If you file an Appeal with the Personnel Appeals Board, keep in contact with your SEA Grievance Representative.
Keep copies of all documents together in a place where you can easily locate them.