(a) In accordance with the rules, an appointing authority may lay off an employee in the classified service whenever he or she deems it necessary by reason of shortage of work or funds or the abolition of a position or other material change in duties or organization. The seniority and service ratings of employees shall be considered, in such manner as the rules shall provide, among the factors in determining the order of layoffs. The appointing authority shall give written notice to the director of every proposed layoff a reasonable time before the effective date thereof, and the director shall make such orders relating thereto as he or she considers necessary to secure compliance with the rules. The name of every regular employee so laid off shall be placed on the appropriate reemployment list.
(b) In addition to any rights currently provided to state employees, any permanent state employee who is laid off from a position under the state Merit System shall have priority for any other position in the same class filled from an open competitive register by any appointing authority in accordance with rules adopted by the State Personnel Board.
(c) No state agency or appointing authority may abolish a classified position through the layoff provisions if the state agency or appointing authority is employing an individual or individuals outside the Merit System to perform similar duties, as determined by the State Personnel Department. In the event of a layoff, the non-merit employee shall be separated before a classified employee is laid off. This subsection shall not apply if there is no classified employee in a substantially similar position, as determined by the State Personnel Department, who will accept the duties and conditions of the non-merit employee who would otherwise be separated.
(d) A non-merit employee shall not be hired until all classified employees who have been laid off from a substantially similar position, as determined by the State Personnel Department, have been offered the position and have likewise rejected the offer for the position.
(e) A state department or appointing authority may enact a voluntary furlough plan for employees if the voluntary furlough plan is approved by the State Personnel Department.
(f) Any furlough plan adopted by a state department or appointing authority shall be applicable to the entire department affected and shall be voluntary at the sole discretion of the employee.
(g) Any state employee subject to this section shall otherwise remain whole, including, but not limited to, his or her state retirement, state insurance, including, but not limited to, family coverage, other state benefits, leave, time of service, and status.
(h) The provisions of this section are supplemental and shall not be construed to repeal any law not in direct conflict.
Structure Code of Alabama
Title 36 - Public Officers and Employees.
Chapter 26 - State Personnel Department and Merit System.
Article 1 - General Provisions.
Section 36-26-1 - Short Title.
Section 36-26-2 - Definitions.
Section 36-26-3 - Purposes of Article.
Section 36-26-4 - State Personnel Department Created; Composition; Executive Head; Offices.
Section 36-26-6 - State Personnel Board - Meetings; Powers and Duties Generally.
Section 36-26-7 - Director of Personnel - Appointment; Qualifications; Salary; Removal.
Section 36-26-9 - Promulgation, etc., of Rules for Implementation of Provisions of Article.
Section 36-26-11 - Classification of Positions, etc., in State Service.
Section 36-26-12 - Preparation, etc., of Pay Plan for Employees in State Service.
Section 36-26-14 - Deferred Compensation Plans for Certain Employees.
Section 36-26-15.1 - Proof of Registration Required for Employment or School Enrollment.
Section 36-26-16 - Certification for Employment of Handicapped Persons.
Section 36-26-18 - Extraordinary Appointments.
Section 36-26-20 - Employee Training Programs.
Section 36-26-23 - Promotions.
Section 36-26-26 - Layoffs; Furloughs.
Section 36-26-27 - Dismissals and Disciplining of Employees Generally.
Section 36-26-27.1 - Placement of Disciplinary Documents in the Personnel File of a State Employee.
Section 36-26-28 - Suspensions.
Section 36-26-29 - Limitation Period for Charges for Dismissal or Disciplinary Action.
Section 36-26-31 - Granting of Leave of Absence for Service in Armed Forces of United States.
Section 36-26-32 - Restoration of Employee to Former Position After Service in Armed Forces.
Section 36-26-34 - Granting, etc., of Time Off to Comply With Religious Obligations.
Section 36-26-35 - Annual Leave.
Section 36-26-35.1 - Annual Leave Carry Over Limit Increased for Certain Personnel.
Section 36-26-35.2 - Annual Leave.
Section 36-26-36.2 - Donation of Leave; Implementation.
Section 36-26-36.3 - Bereavement Leave.
Section 36-26-38 - Political Activities Prohibited.
Section 36-26-42 - Representation of Department in Judicial Proceedings.
Section 36-26-43 - Use of State, County, etc., Buildings for Examinations and Investigations, Etc.
Section 36-26-44 - Inspection of Records of Department.
Section 36-26-45 - Payment of Expenses of Department.
Section 36-26-46 - State Capitol Guides Classified as "Capitol hostesses."
Section 36-26-47 - Penalties for Violations of Provisions of Article.
Section 36-26-48 - Lump-Sum Merit Reward Payments for Certain Full-Time State Employees.