2,256: Classified Employee Position Funding and Layoff Rights

Last Revised: April 2011

The determination of layoff rights is based on the original appointment document/Payroll Action Form. Every attempt will be made to restate the lack of layoff eligibility with each subsequent Payroll Action Form but the final determination of layoff eligibility is the original hiring documents.

Funding Source and Layoff Rights

Only positions funded by state funds entitle the classified permanent employee to layoff rights in accordance with applicable Nevada Revised Statutes and Nevada Administrative Code regulations. 

Positions funded by non-state funds or state funded projects of limited duration are not afforded layoff rights.

Multiple Funding Sources and Layoff Rights

When an employee is hired into a position that is funded by both state and non-state funds, the determination of extending layoff rights will be based on the percentages of funding, the relative stability of funding and the duration of the position. The decision to offer layoff rights will be determined by Human Resources in conjunction with the hiring authority. The final determination regarding layoff rights will be made by Human Resources.

Classified Employees with Layoff Rights (State Funded)

A classified employee who occupies a state funded position which is afforded layoff rights may only transfer, "bump" or displace into another state funded position which is afforded layoff rights. An employee occupying a state funded position and being laid off shall not be given the placement option of assuming a non-state funded position.

Classified Employees with No Layoff Rights (Non-State Funded)

A classified employee who occupies a non-state funded position has no layoff rights (NAC 284.425). The incumbent of such a position cannot be affected by transfer, "bump or displacement of a state funded employee affected by a layoff.