Reductions in Force
Procedures to conduct reductions-in-force, full agency furloughs and the administration of agency reemployment priority and displaced employee programs. Current Transmittal No: 207
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2400.1 The provisions of sections 2400 through 2499 of this chapter shall apply to:
2400.2 The provisions of sections 2438 through 2446 of this chapter apply to:
2400.3 The provisions of sections 2438 through 2445 of this chapter shall apply to all employees appointed to the Executive Service under the authority of sections 1051 through 1063 of the CMPA (D.C. Official Code §§ 1-610.51, et seq. (2006 Repl. & 2011 Supp.)).
2400.4 The provisions of sections 2409 and 2499 of this chapter shall apply to all employees in the Senior Executive Attorney, Excepted, and Management Supervisory Services only when applying the provisions of sections 2438 through 2446 of this chapter.
2400.5 The provisions of sections 2409 and 2499 of this chapter shall apply to all employees in the Executive Service only when applying the provisions of sections 2438 through 2445 of this chapter.
2401.1 Each personnel authority shall follow these regulations when releasing a competing employee from his or her competitive level when the release is required by any of the following:
2402.1 This chapter shall not apply to the following:
2403.1 Planning the work program and organizing the work force to accomplish the work program within available resources shall be the responsibilities of the agency.
2403.2 An agency may, within its budget authorization, take appropriate action, prior to planning a reduction in force, to minimize the adverse impact on employees or the agency. Examples of such actions are the following:
2404.1 An employee may be assigned to job sharing or reduced working hours, provided the following conditions are met:
2405.1 Each personnel authority and agency head shall apply the rules set forth in sections 2400 through 2431 of this chapter when conducting a reduction in force.
2405.2 Personnel authorities and agencies may, in order to minimize the adverse impact of a reduction in force, offer a released employee a vacant position for which he or she qualifies.
2405.3 The need to apply reduction-in-force procedures shall not suspend an agency’s authority and responsibility to discipline, remove, demote, or reassign any employee under any other chapter of these regulations.
2405.4 Personnel authorities have authority over the preparation for, and implementation of, a reduction in force, provided that agencies under the personnel authority of the Mayor shall not plan or conduct the reduction in force without the Mayor’s approval, as provided in subsection 2406.4 of this chapter.
2405.5 If the personnel authority finds that preparations are contrary to these regulations, the personnel authority shall require appropriate corrective action. Such action shall be implemented prior to the completion of the reduction in force.
2405.6 An action which has been found by the personnel authority or the Office of Employee Appeals to be erroneous as a result of procedural error shall be reconstructed and a re-determination made of the appropriate action under the provisions of this chapter.
2405.7 The retroactive reinstatement of a person who was separated by a reduction in force under this chapter may only be made on the basis of a finding of a harmful error as determined by the personnel authority or the Office of Employee Appeals. To be harmful, an error shall be of such a magnitude that in its absence the employee would not have been released from his or her competitive level.
2405.8 During a reduction in force, the agency, with the approval of the personnel authority, may increase or decrease the number of positions previously identified for abolishment.
2406.1 If a determination is made that a reduction in personnel is to be conducted pursuant to the provisions of sections 2400 through 2431 of this chapter, the agency shall submit a request to the appropriate personnel authority to conduct a reduction in force (RIF).
2406.2 Upon approval of the request as provided in subsection 2406.1 of this section, the agency conducting the reduction in force shall prepare a RIF Administrative Order, or an equivalent document, identifying the competitive area of the RIF; the positions to be abolished, by position number, title, series, grade, and organizational location; and stating the reason for the RIF.
2406.3 Any changes following the submission and approval of the request to conduct a reduction in force shall be made by issuance of an amendment to the administrative order by the agency.
2406.4 The approval by the appropriate personnel authority of the RIF Administrative Order by the appropriate personnel authority shall constitute the authority for the agency to conduct a reduction in force.
2407.1 Any agency head initiating a reduction in force shall assure that no covered employee in the affected competitive area is serving on an unauthorized detail.
2408.1 The retention standing of each competing employee shall be determined on the basis of tenure of appointment, length of creditable service, veterans preference, residency preference, and relative work performance, and on the basis of other selection factors as provided in these regulations. Together these factors shall determine whether an employee is entitled to compete with other employees for employment retention and, if so, with whom, and whether the employee is retained or released.
2409.1 Except as provided in this section, each agency shall constitute a single competitive area.
2409.2 Lesser competitive areas within an agency may be established by the personnel authority.
2409.3 An agency head may request the personnel authority to establish lesser competitive areas within the agency by submitting a written request which includes all of the following:
2409.4 Any lesser competitive area shall be no smaller than a major subdivision of an agency or an organizational segment that is clearly identifiable and distinguished from others in the agency in terms of mission, operation, function, and staff.
2409.5 Employees in one competitive area shall not compete with employees in another competitive area.
2410.1 Each personnel authority shall determine the positions which comprise the competitive level in which employees shall compete with each other for retention.
2410.2 Assignment to a competitive level shall be based upon the employee’s position of record.
2410.3 An employee’s position of record is the position for which the employee receives pay or the position from which the employee has been temporarily reassigned or promoted on a temporary or term basis.
2410.4 A competitive level shall consist of all positions in the competitive area identified pursuant to section 2409 of this chapter in the same grade (or occupational level), and classification series and which are sufficiently alike in qualification requirements, duties, responsibilities, and working conditions so that the incumbent of one (1) position could successfully perform the duties and responsibilities of any of the other positions, without any loss of productivity beyond that normally expected in the orientation of any new but fully qualified employee.
2410.5 The composition of a competitive level shall be determined on similarity of the qualification requirements, including selective factors, to perform the major duties of the position successfully, the title and series of the positions, and other factors prescribed in this section and section 2411 of this chapter.
2411.1 Separate competitive levels shall be established for the following:
2411.2 Employees whose official position descriptions have the same title, series, and grade, but who have specialties which are identified on their position descriptions by parenthetical titles in accordance with applicable classification standards, shall be assigned to separate competitive levels.
2411.3 A position shall be considered as being formally designated in a trainee or developmental program if it has all the following characteristics:
2412.1 A retention register shall be established by the appropriate personnel office whenever a competing employee is to be released from his or her competitive level.
2412.2 A separate retention register shall be prepared for each competitive level in the competitive area.
2412.3 The retention register shall document the final action taken, and the effective date of that action, for each employee released from his or her competitive level.
2412.4 Each competitive level shall be identified by the title, series, and grade of the position(s) that composed the competitive level.
2412.5 When a competitive level consists of two (2) or more different titles, each position title shall be identified on the retention register.
2412.6 The retention register for each competitive level shall list all positions in the competitive level. A written justification shall be attached to the retention register when positions of the same title, series, and grade are placed in different competitive levels.
2412.7 The retention register shall include all of the following:
2412.8 An employee on military duty with restoration rights as specified in Chapter 8 of these regulations shall not be placed on a retention register.
2412.9 An employee who has received a written decision under Chapter 16 of these regulations to demote him or her shall compete for retention in the position to which he or she will be demoted.
2412.10 At the bottom of the retention register, or on a separate list appended to the retention register, in the order set forth below, shall be the following:
2412.11 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations, will receive their first (1st) performance rating under the new system on or after September 30, 2009. Accordingly, for reductions in force occurring before an employee receives a rating under the new performance rating system and for the purposes of subsection 2412.10(c) of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.
2413.1 The name of each competing employee shall be listed on the retention register in the order of his or her retention standing.
2413.2 Competing employees shall be categorized on a retention register in the groups listed in subsection 2413.3 of this section on the basis of tenure of employment, including additional credit as provided in sections 2416 and 2417 of this chapter.
2413.3 The retention register groups, in descending order of retention standing, shall be tenure group I, group II, and group III.
2413.4 Within each group, employees shall be listed by their reduction-in-force service computation date, as defined in subsection 2415.3 of this chapter, beginning with the earliest date.
2413.5 Tenure group I shall include each employee (other than an employee in group II or group III) who is not serving a probationary period.
2413.6 Tenure group II shall include the following:
2413.7 Tenure group III shall include each employee serving under an indefinite appointment, a TAPER appointment, or a term appointment.
2414.1 An employee serving under a temporary appointment shall be a non-competing employee in a reduction in force and shall be terminated ahead of any competing employee in his or her competitive level without regard to length of creditable service or preference eligibility, unless the positions in the competitive level are not affected by the reduction in force.
2414.2 An employee with a current performance rating of “Inadequate Performer” or a current performance rating at the level equivalent to “Inadequate Performer” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable, shall be a non-competing employee in a reduction in force and shall be terminated ahead of any competing employee in his or her competitive level without regard to length of creditable service or preference eligibility, unless the positions in the competitive level are not affected by the reduction in force.
2414.3 To ensure that non-competing employees are separated ahead of competing employees, they shall be listed separately below group III employees on the retention register or on a separate list appended to the retention register, as provided in subsection 2412.10 of this chapter.
2415.1 Creditable service in determining length of service shall include all federal government, District government, and military service otherwise creditable for Civil Service Retirement System purposes under title 5 U.S.C. § 8332 or District government retirement under sections 2602 or 2603 of the CMPA (D.C. Official Code §§ 1-626.02 or 1-626.03 (2006 Repl.)).
2415.2 A reduction-in-force service computation date shall be established for each competing employee as specified in this section.
2415.3 An employee’s reduction-in-force service computation date shall be the date that reflects total creditable service plus additional service credit, if applicable, for a performance rating of “Role Model” (Level 5 of the Performance Management system set forth in chapter 14 of these regulations) or a current performance rating at the level equivalent to “Role Model” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable; veterans preference, and residency preference. The reduction-in-force service computation date shall be one (1) of the following:
2415.4 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009. Accordingly, for reductions in force occurring before an employee receives a rating under the new performance rating system, and for the purposes of subsection 2415.3 of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.
2416.1 Each employee who has a current performance rating of “Role Model,” which is Level 5 of the Performance Management system set forth in chapter 14 of these regulations, or a current performance rating at the level equivalent to “Role Model” under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable, shall be credited with four (4) years of additional service.
2416.2 The current performance rating shall be the performance rating for the year which ended on the March 31st, August 31st, or September 30th, as applicable, that precedes the date of the reduction-in- force notice.
2416.3 To be credited under subsection 2416.1 of this section, the performance rating must have been officially acted upon with all the necessary approvals, received in the appropriate personnel office maintaining the official personnel folder no later than thirty (30) days before the close of business of the day immediately before the reduction-in-force notice is issued.
2416.4 A performance rating received by the personnel authority after the date specified in subsection 2416.3 of this section shall not change the employee’s retention standing.
2416.5 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009. Accordingly, for reductions in force occurring before an employee receives a rating under the new performance rating system and for the purposes of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.
2417.1 In accordance with section 2402 (b)(1) of the CMPA (D.C. Official Code § 1-624.02(b)(1) (2006 Repl. & 2011 Supp.)), veterans preference eligibility shall be determined in accordance with federal law and regulations issued by the U.S. Office of Personnel Management.
2417.2 Pursuant to the regulations referred to in subsection 2417.1 of this section, a retired member of a military service shall be considered preference eligible under this chapter only if he or she meets at least one (1) of the following conditions:
2417.3 An employee who would otherwise be considered a preference eligible under conditions in subsections 2417.2(b) or (c) of this section shall not be considered a preference eligible for purposes of this chapter if the employee retired at or above the rank of major or its equivalent.
2417.4 A preference eligible employee having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service.
2417.5 A preference eligible employee other than as described in subsection 2417.4 of this section shall be credited with four (4) years of additional service.
2418.1 Three (3) years of additional service shall be credited to each competing employee who is eligible for a residency preference as provided in subsection 2418.2 of this section.
2418.2 Residency preference eligibility in a reduction in force shall be afforded to all of the following:
2419.1 The retention standing of each employee released from his or her competitive level shall be determined as of the date of release.
2419.2 When the personnel authority discovers an error in the determination of an employee's retention standing, it shall correct the error and adjust any erroneous reduction-in-force action in accordance with the employee's true retention standing as of the effective date established under this section.
2420.1 A competing employee shall not be released from a competitive level while any of the following is retained in that level:
2420.2 A competing employee shall not be released from a competitive level while an employee with lower retention standing is retained in that level, except as required under section 2421 of this chapter when an employee is retained under a mandatory exception.
2420.3 Competing employees shall be selected for release from a competitive level in the inverse order of retention standing, beginning with the employee with the lowest retention standing on the retention register.
2420.4 When one (1) or more but not all employees with the same reduction-in-force service computation dates in the same tenure group must be released from a competitive level, the ties shall be broken as follows:
2420.5 When an employee is selected for release from his or her competitive level, the personnel authority shall separate the employee from service.
2420.6 Career Service employees who have transitioned from the Performance Evaluation System (PES) established in accordance with part II of chapter 14 of the District Personnel Manual to the Performance Management system set forth in chapter 14 of these regulations will receive their first (1st) performance rating under the new system on or after September 30, 2009. Accordingly, for reductions in force occurring before an employee receives a rating under the new performance rating system; and for the purposes of subsection 2420.1 of this section, official performance ratings under the PES shall be utilized, as applicable. The same shall apply to any Legal Service employees transitioning to another performance appraisal system, as appropriate.
2421.1 When employees are released from their competitive levels under section 2420 of this chapter, the special retention preferences outlined in this section shall be applicable.
2421.2 Each group I or II preference eligible employee entitled to retention for one (1) year after restoration under the Vietnam Veterans Readjustment Assistance Act of 1974 (38 U.S.C. § 2021 et seq.), shall be retained over other employees in his or her tenure group for the retention period.
2421.3 Each group I or II non-preference eligible employee entitled to retention for either six (6) months or one (1) year after restoration under the Vietnam Veterans Readjustment Assistance Act of 1974 (38, U.S.C. § 2021 et seq.), shall be retained over other employees in his or her tenure group for the retention period.
2421.4 The retention register shall indicate the reasons for any deviation from the regular order of selection required by subsections 2421.2 and 2421.3 of this section, respectively.
2422.1 Each competing employee selected for release from his or her competitive level under this chapter shall be entitled to written notice at least thirty (30) full days before the effective date of the employee’s release.
2422.2 The notice required by subsection 2422.1 of this section shall not be issued until the administrative order provided for in subsection 2406.3(a) of this chapter, or any amendment to that order, has been approved by the appropriate personnel authority.
2422.3 A notice shall not be issued less than thirty (30) days before the effective date of the employee’s release.
2422.4 In counting the thirty-day (30-day) minimum notice period, the day the employee receives the notice shall be omitted; and a notice period that ends on a Saturday, Sunday, or legal holiday shall be automatically extended to the next workday.
2422.5 An agency shall not retain an employee beyond the end of the notice period.
2422.6 The notice to the employee shall specify the effective date of the employee’s release from his or her competitive level.
2422.7 A notice shall expire when followed by the action specified in the notice, or in an amendment made to the notice before the agency takes the action. Such amendment shall be permitted without extension of the notice period only when the action to be taken is less severe than the action in the original notice.
2422.8 A reduction-in-force action shall not be taken before the effective date of a notice.
2422.9 An employee shall be retained in an active duty status during the notice period, unless on leave pursuant to section 1203 of the CMPA (D.C. Official Code § 1-612.03 (2006 Repl.)).
2422.10 Except as provided in subsection 2422.11 of this section, an employee who receives written notice of release from his or her competitive level due to a reduction in force shall be entitled to be retained in an active duty status during the notice period.
2422.11 An employee who receives written notice of release from his or her competitive level due to reduction in force may be placed on administrative leave at the discretion of the agency head (or his or her designee).
2423.1 Each notice shall state the following:
2423.2 A notice may either be a complete single notice, or a notice with an attachment containing the information specified in subsection 2423.1(f) of this section.
2424.1 Each personnel authority shall maintain the correct records needed to determine the retention standing of competing employees.
2424.2 Each personnel authority shall allow inspection of retention registers and related records by the following:
2424.3 All registers and records relating to an employee shall be preserved intact for at least one (1) year from the date the employee is issued a specific reduction-in-force notice, or until any appeal is decided, whichever is later.
2425.1 An employee who has received a notice of reduction in force may file an appeal with the Office of Employee Appeals (OEA) under the provisions of OEA’s regulations if he or she believes that his or her agency has incorrectly applied the provisions of this chapter.
2425.2 Any appeal filed with the OEA shall be filed within thirty (30) days of the effective date of the agency action.
2426.1 The following attorneys shall be eligible for priority consideration under the agency reemployment priority program upon separation from their competitive level:
2426.2 Priority consideration under the agency reemployment program for attorneys described in § 2426.1 shall be limited only to other attorney positions in the Service the individual was serving in at the time of separation that are at grades no higher than the grade held by the employee at the time of separation.
2426.3 An employee as described in subsection 2426.1 of this section who has reinstatement eligibility to the Career Service and who is separated from his or her competitive level shall be eligible for priority consideration, under the agency reemployment priority program and the displaced employee program, for positions for which qualified, at grades no higher than the grade last held under a Career Appointment (Permanent) or at any lower grade acceptable to the employee.
2427.1 The personnel authority shall establish and maintain a reemployment priority list for each agency in which it separates group I and II employees.
2427.2 As appropriate, when a reduction in force is conducted in a lesser competitive area established pursuant to section 2409 of this chapter, the personnel authority may:
2427.3 The reemployment priority list shall be annotated to identify those employees who are eligible for placement assistance limited to other attorney positions only, as provided in subsection 2426.1 of this chapter.
2427.4 A group I employee’s name shall remain on the reemployment priority list for two (2) years, and a group II employee’s name for one (1) year, from the date he or she was separated from his or her competitive level.
2427.5 An employee covered under the provisions of this section shall be entered automatically on the reemployment priority list immediately after it has been determined that the employee is to be adversely affected by the reduction in force and not later than issuance of the notice of reduction in force.
2427.6 Except as provided in subsection 2426.1 of this chapter, the employee’s name shall be entered on the appropriate agency reemployment priority list for all positions for which qualified as follows:
2427.7 The agency may delete an employee’s name from the list when he or she declines a non-temporary position with a tour of duty similar to the position from which separated that is at the same grade level from which he or she was separated or at any lower grade acceptable to the employee.
2428.1 When a qualified person is available on the agency reemployment priority list, including a lesser competitive area reemployment priority list, as appropriate, a Career Service position within the competitive area shall not be filled except as provided in Chapter 8 of these regulations concerning priority placement categories and order of priority, and shall not be filled by the following:
2428.2 Subsection 2428.1 of this section shall not apply when all qualified persons on the agency reemployment priority list decline or fail to respond to offers of employment.
2428.3 In selecting employees on the agency reemployment priority list from among those adversely affected by reduction in force, but who have not yet been separated, offers of employment shall be made according to the employees’ relative standing in their competitive levels. In this regard, a lower standing employee shall not be offered a position if a higher standing employee qualifies for the position, unless the higher standing employee declines the position.
2428.4 The order of priority in selecting from an agency reemployment priority list shall be as follows:
2428.5 When a position becomes available in the agency or lesser competitive area in which the reduction in force is conducted, as applicable, preference shall be given to the reemployment of a person who is on the agency reemployment priority list over a person who is on the displaced employee program list under section 2429 of this chapter.
2428.6 A personnel authority may appoint a person not on the agency reemployment priority list or a person on the list with lower standing than others on the list only when it is necessary to obtain an employee for duties that cannot be taken over without undue interruption to the agency or lesser competitive area by a person on the list with higher standing than the person appointed.
2429.1 Each personnel authority shall establish and maintain a displaced employee program list for priority placement referral of its displaced employees to all agencies or any other identifiable organizational components within the personnel authority under its administrative control.
2429.2 The D.C. Department of Human Resources (DCHR) may establish and maintain a displaced employee program list for priority referral of employees displaced by reduction in force in any subordinate agency with personnel authority. Subordinate agencies with personnel authority include the Child and Family Services Agency, the Department of Mental Health, and the Department of Disability Services.
2429.3 A group I employee’s name shall remain on the displaced employee program list for two (2) years, and a group II employee’s for one (1) year, from the date he or she was separated from his or her competitive level.
2429.4 The displaced employee program shall be separate and distinct from the Agency Reemployment Priority Program in sections 2427 and 2428 of this chapter.
2429.5 The displaced employee program list shall consist of the following:
2429.6 The employee’s name shall be entered on the displaced employee program list for all positions for which qualified as follows:
2429.7 The personnel authority may delete an employee’s name from the list when he or she declines a non-temporary position, with a tour of duty similar to the position from which separated, that is at the same grade level from which he or she was separated or at any lower grade acceptable to the employee.
2430.1 When a qualified person is available on the personnel authority’s displaced employee program list, a Career Service position shall not be filled except as provided in Chapter 8 of these regulations concerning priority placement categories and order of priority, and shall not be filled by the following:
2430.2 Subsection 2430.1 of this section shall not apply when all qualified persons on the displaced employee program list decline or fail to respond to offers of reemployment.
2430.3 In selecting from a displaced employee program list, preference shall be given to tenure group I employees over tenure group II employees.
2430.4 A personnel authority may appoint a person not on the displaced employee program list or a person on the list with lower standing than others on the list only when it is necessary to obtain an employee for duties that cannot be taken over without undue interruption to the agency by a person on the list or a person on the list with higher standing than the person appointed.
2431.1 An employee separated by reduction in force pursuant to this chapter shall be entitled to severance pay not to exceed twenty-six (26) weeks’ pay at the rate received immediately before the separation, computed in accordance with the provisions of section 1148 of Chapter 11 of these regulations and as provided in section 2431.2 of this section, on the basis of the employee’s basic pay, length of creditable service, and age, as follows:
2431.2 In computing an employee’s creditable service for severance pay purposes, additional service credit shall be provided as follows:
2431.3 Total severance pay of an employee described in section 2431.1 of this section shall be limited to not more than twenty-six (26) calendar weeks during the employee’s total years of service in the District government, except that severance pay totaling twenty-six (26) weeks or less received prior to October 21, 1998 shall not be counted for this purpose.
2438.1 A furlough may be conducted, in accordance with sections 2438 through 2445 of this chapter, when it is required for budgetary reasons.
2438.2 The provisions of sections 2409 and 2499 of this chapter shall apply to furloughs conducted pursuant to sections 2438 through 2445 of this chapter.
2438.3 Except as provided in section 2439 of this chapter, when a furlough is approved or directed pursuant to section 2441 of this chapter, all employees of the agency or any lesser competitive area authorized by the personnel authority pursuant to section 2409 of this chapter shall be furloughed for the same number of hours in the leave year, or, in the case of part-time employees, for a prorated number of hours.
2439.1 A personnel authority may exempt from a furlough any employee who carries out public health or public safety functions.
2439.2 Any exemption that the personnel authority approves pursuant to subsection 2439.1 of this section, must be made applicable to:
2440.1 Each personnel authority shall have the authority to approve or direct a furlough for the reason set forth in subsection 2438.1 of this chapter; provided that agencies under the personnel authority of the Mayor shall not plan or conduct a furlough without the specific approval of the Mayor.
2440.2 Each personnel authority shall have authority over the preparation for and implementation of furloughs.
2440.3 If the personnel authority finds that the preparation for or implementation of a furlough is contrary to these regulations, the personnel authority shall require appropriate corrective action.
2440.4 Time in a non-pay status as a result of a furlough conducted pursuant to subsection 2438.1 of this chapter shall not affect an employee’s waiting period for a within-grade increase.
2441.1 When a furlough is approved or directed by a personnel authority, the personnel authority shall prepare and issue an administrative order or equivalent identifying all of the following:
2441.2 Any changes approved by the personnel authority following the issuance of an order to conduct a furlough, as provided in subsection 2441.1 of this section, shall be made by issuing an amendment to the administrative order or equivalent.
2442.1 If an agency determines that a furlough is required for the reason set forth in subsection 2438.1 of this chapter, the agency shall submit a request to the appropriate authority to conduct a furlough.
2442.2 A request for approval to conduct a furlough pursuant to subsection 2442.1 of this section, shall specify all of the following:
2443.1 Except in the case of any part-time employee, who shall have furlough hours prorated, each employee in the competitive area is to be scheduled for the same number of furlough hours.
2443.2 Furlough dates shall be scheduled in full day increments, to the extent that full day increments are available.
2443.3 An employee shall not be furloughed on any date or at any time other than those specified in the notice to the employee.
2443.4 An employee shall be furloughed on each of his or her scheduled furlough dates regardless of any leave request or other reason for absence on the furlough date.
2443.5 An employee shall not be required to work on his or her scheduled furlough date and time.
2444.1 Each employee to be furloughed shall be entitled to written notice at least thirty (30) full days before the employee’s first furlough date.
2444.2 In counting the thirty-day (30-day) minimum notice period, the day the employee receives the notice shall be omitted; and a notice period that ends on a Saturday, Sunday or legal holiday shall be automatically extended to the next workday.
2444.3 An employee shall be entitled to a new written notice of at least thirty (30) full days if a decision is made to increase the number of scheduled furlough hours.
2445.1 Each notice shall state the following:
2446.1 An employee who has received a notice of furlough under section 2444 of this chapter, may file an appeal with the Office of Employee Appeals (OEA) under the provisions of OEA’s regulations, unless otherwise provided under a collective bargaining agreement if he or she believes that his or her agency has incorrectly applied the provisions of sections 2438 through 2445 of this chapter.
2499.1 When used in this chapter, the following terms shall have the meaning ascribed:
Agency – any unit of the District government required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia (Council) to administer any law, rule, or regulation adopted under authority of law. The term agency shall also include any unit of the District government created or organized by the Council as an agency.
Competing employee – an employee in tenure groups I, II, or III.
Competitive area – the organizational boundaries in which a reduction in force or a furlough is conducted.
Competitive level – the grouping of similar positions (in a competitive area) within which employees compete for retention.
Creditable service – all service in the employ of the District or federal government that is creditable for purposes of the employee’s retirement system.
Days – calendar days, unless otherwise specified.
Detail – a temporary assignment of an employee to a different position to meet a temporary need for a specified period, with the employee returning to his or her regular duties at the end of the detail. An employee may be detailed to an established or an unestablished position. A position is not filled by a detail, as the employee continues to be the incumbent of the position from which detailed.
Displaced employee – a former employee in the Career Service, a line attorney in the Legal Service, a supervisory and a non-supervisory in the Legal Service who does not occupy a Senior Executive Attorney Service position, or an Excepted Service attorney who was separated by reduction in force.
Furlough – the temporary involuntary placement of all employees within a competitive area in a non-duty, non-pay status for an equitable period of time within a leave year for the reason set forth in § 2438.1.
Job sharing – the occupancy of a continuing position, which is budgeted as a full-time position, by two (2) or more employees on a part-time basis continuously during a designated period. This option may be appropriately used when the agency determines that the position needs to be filled on a full-time basis in order to avoid disrupting its operation.
Obligated position – a position to which an employee has restoration rights under the provisions of the Vietnam Veterans Readjustment Assistance Act of 1974 (38 U.S.C. § 2021 et seq.).
One round of competition – a round of lateral competition for job retention in the employee's competitive level.
Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in section 401 of the CMPA (D.C. Official Code §§ 1- 604.01, et seq. (2006 Repl. & 2011 Supp.))
Preference eligible – a veteran preference eligible as defined in 5 U.S.C. § 2108 and § 2417 of this chapter.
Realignment – an action which affects the internal structure or functions of an agency, but which does not constitute a reorganization.
Reduced working hours – the occupancy of a position by one (1) individual on less than a full- time basis and the employee is placed in a non-duty, non-pay status either continuously or discontinuously during a designated period. This option may be appropriately used when the agency determines that the position may be filled on a part-time basis temporarily, without undue interruption of the work program.
Released employee – an employee who has been reached for release from his or her competitive level.
Reorganization – the action taken for the purposes of carrying out the objectives of section 2 of the Governmental Reorganization Procedures Act of 1981, effective October 17, 1981 (D.C. Law 4-42; D.C. Official Code § 1-315.01 (2006 Repl.)), which results in the transfer, consolidation, abolishment, addition, or authorization with respect to functions and hierarchy, between or among agencies, and which affects the structure or structures thereof, and which is subject to adoption by legislative action, including consideration by the Council of the District of Columbia, in accordance with the Act; including but not limited to the: (1) transfer of the whole or part of an agency, or the whole or part of the functions thereof, to the jurisdiction and control of another agency; (2) consolidation of the whole or part of an agency, or the whole or part of the functions thereof, with the whole or part of another agency or the functions thereof; (3) the abolishment of the whole or part of an agency wherein such agency or part thereof does not have or will not have any functions; or (4) authorization of an officer or agency head to delegate functions vested in specific officers or agency heads not presently authorized to be delegated, except as provided in D.C. Official Code § 1-204.22(6) (2006 Repl. & 2011 Supp.)).
Retention register – the listing of employees occupying positions in a competitive level by tenure group and reduction-in-force service computation date.
Retention standing – the employee’s standing on the retention register in relation to other competing employees within his or her competitive level.
Temporary Appointment Pending Establishment of a Register (TAPER) - a time-limited appointment to a continuing position in the Career Service or Management Supervisory Service that the personnel authority approved and established when:
Temporary appointment – an appointment with a specific time limitation of one (1) year or less.
Tenure group – the retention group in which competing employees shall be categorized according to their current type of appointment.
Term appointment – an appointment with a specific time limitation in excess of one (1) year, but not exceeding four (4) years, unless extended by the personnel authority as provided in Chapter 8 of these regulations, or as otherwise provided by statute.
The following D.C. Register citations identify when a given section(s) of Chapter 24, Reductions in Force, of Title 6 of the District of Columbia Municipal Regulations, was amended. Following the publication in the D.C. Register of subsequent final rulemaking notices, this Addendum will be updated accordingly.
For the convenience of DPM subscribers, the Addendum identifies amendments on a section-by-section basis; identifies the page(s) in a DPM Transmittal impacted by the amendment(s); and provides brief comments on the amendment(s) accomplished.
| D.C. Register Date | Section(s) | Transmittal No. | Comments |
|---|---|---|---|
| 32 DCR 1182 (3/1/85) | 2400, 2401, 2402, 2403, 2404, 2466 | None | |
| 37 DCR 7119 (11/9/90) | 2401, 2402, 2409, 2412, 2434 | Transmittal No. 21 | None |
| 38 DCR 6158 (10/4/91) | 2437, 2440 | Unknown | The rules amended the chapter to eliminate the seventy-two hour (72-hour) limit on full agency furloughs. |
| 40 DCR 2114 (3/26/93) | 2401, 2402, 2414, 2415, 2416, 2422, 2435 | Transmittal No. 34 | The rules amended the chapter to restrict full furlough appeal rights to Career and Excepted Service employees; conformed to the provisions in Chapter 8, Career Service, regarding TAPER employees; and eliminated the requirement to apply for placement in the displaced employee program, making placement automatic for all eligible employees. |
| 47 DCR 2425 (4/7/00) | Entire chapter | Transmittal No. 56 | None |
| 50 DCR 10573 (12/12/03) | Transmittal No. 106 | The rules amended the chapter to update the applicability provisions; certain references to performance ratings in the chapter; specified that the appropriate personnel authority shall be responsible for making a final determination that a reduction in force is necessary; modified the definition of the term “competitive level;” changed the advance notice periods for reductions in force and furloughs from 15 to 30 days; added provisions stating that an employee who receives a written notice of release from his or her competitive level due to reduction in force shall be entitled to be retained in an active duty status during the notice period unless the agency head (or his or her designee) places the employee on administrative leave during that period; updated the priority placement provisions applicable to attorneys subject to reduction in force; added language stating the procedures for priority placement consideration for reductions in force conducted in lesser competitive areas; updated D.C. Official Code citation in chapter; and made other minor modifications. | |
| 55 DCR 012899 (12/26/08) | 2429, 2431, 2499 | Transmittal No. 178 | The rules amended the chapter for the main purpose of adding new sections 2429.2 and 2429.3 to the chapter, to provide that the DCHR may establish and maintain displaced employee program lists for priority placement referral of employees displaced by reductions in force conducted in subordinate agencies with personnel authority. |
| 59 DCR 008400 (7/13/12) | Sections 2400, 2402.1(f), 2403.2(a), 2403.2(e), 2404.1(b), 2405.1, 2405.4, 2406, 2410.4, 2410.5, 2411.1(f), 2412.7(b), 2412.7(c), 2412.10(c), 2412.11, 2413.2, 2413.4, 2414.2, 2414.3, 2415.1, 2415.3, 2415.4, 2416, 2417, 2418.1, 2420.1(c), 2420.2 2420.6, 2421.1, 2421.4, 2422.2, 2422.9, 2422.10, 2423.2, 2426.3, 2427.2, 2427.3, 2427.6, 2428.2, 2428.5, 2429.5(b), 2430.2, 2438, 2439.2, 2440.1, 2440.4, 2441.1(c), 2441.2, 2442.1, 2442.2, 2446.1, 2499 | Transmittal No. 207 | These rules amend section 2400 to add employees within the Educational Service in the Office of the State Superintendent of Education to the list of employees to which the chapter applies; amend subsections 2406.2 and 2406.3 to delete obsolete references to “D.C. Standard Form 52 (DCSF52);” update references to performance rating levels and rating periods in subsections 2412.10(c), 2414.2, 2415.3, 2416.1, 2416.2, and 2420.1(c); and add new subsections 2412.11, 2415.4, 2416.5, and 2420.6, relating to the transition of certain employees from the Performance Evaluation System, or “PES,” into the Performance Management system and the impact on this transition on reduction-in-force matters. Additionally, section 2406, “Conducting a Reduction in Force,” and the provisions contained in sections 2438, 2439, 2441, 2442, and 2446 were amended. In addition, definitions of the terms “Agency,” “Personnel authority,” “Reorganization”, and “Temporary Appointment Pending Establishment of a Register (TAPER)” in section 2499 of the chapter are being amended. |
PDF version of Chapter 24, Reductions in Force