§ 21-3-304 - Reduction in force.
21-3-304. Reduction in force.
(a) A department or agency director or institution of higher education president or chancellor may separate any employee without prejudice because of lack of funds, curtailment of work, or in order to permit reinstatement of employees upon their release from periods of military service from the armed forces of the United States.
(b) However, no employee as defined by 21-5-203 shall be separated while there are emergency, intermittent, temporary, provisional, or probationary employees serving in the same class of position in the same department or agency.
(c) (1) The order of separation due to reduction in force shall be based upon criteria established by the Statewide Workforce Reduction Policy as issued and administered by the Office of Personnel Management of the Division of Management Services of the Department of Finance and Administration.
(2) For the purpose of establishing this layoff formula, the veteran's service in the armed forces shall be considered as service with the department or agency and computed as a part of his or her seniority.