8-30-401 - Reduction in work force Human Resources. [Effective until June 30, 2010. See the Compiler's Notes.] - Tennessee Statutes

8-30-401. Reduction in work force Human Resources. [Effective until June 30, 2010. See the Compiler's Notes.]

(a)  In the event that a reduction-in-force is implemented, notwithstanding any other law to the contrary, including, but not limited to, any related rules, policies, practices, procedures or orders, the commissioner of human resources, in addition to any other existing powers, shall have the power and authority, with the approval of the appointing authorities of the affected departments, to move qualified employees by transfer, promotion, reduction in rank or lateral reclassification within and between agencies without requiring certification on any list of eligibles. The commissioner also shall have the power and authority to suspend provisions of § 8-30-320, including any related statutes, rules, policies, practices and procedures related to salary reductions; provided, however, that the commissioner may not suspend or otherwise alter provisions related to employee's “bumping” and “retreating” rights as defined by § 8-30-101 and related statutes, rules, policies, practices and procedures.

(b)  The commissioner shall adopt policies and procedures to administer this part. These policies and procedures shall be posted on the department's web site.

(c)  Notwithstanding the provisions of this chapter, in the event that a reduction-in-force is implemented, any full-time career employee who is separated shall be entitled to either ninety (90) days' written notice of separation or equivalent pay and certain benefits, including the employer portion of insurance payments for a maximum of ninety (90) days following the initial notice of layoff and longevity pay, if the employee would have otherwise been entitled to the longevity pay during the ninety (90) days following the initial notice of layoff. The commissioner may authorize the same payment and benefits to full-time employees in the executive service who are separated in the event that a reduction-in-force is implemented. The ninety-day notice or equivalent pay and benefits in lieu of notice shall be in addition to payment for the employee's unused annual and compensatory time, if applicable.

[Acts 2009, ch. 1, § 1.]