Florida Regulations 55A-7.015: Preference in Retention
Current as of: 2024 | Check for updates
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(1) An employer shall provide no less than 60 days notice to affected employees prior to beginning implementation of a workforce reduction or layoff plan. This notice shall describe the different categories of preference-eligibility, shall provide employees a minimum of 30 days to provide documentation of eligibility, and designate an appropriate point of contact within organization for employees to submit this documentation.
(2) In positions where workforce reduction plans or layoffs are necessitated, employers shall credit the amount of time the preference-eligible employee served on active duty in the U.S. Armed Forces as years of service with the employer for the purposes of determining seniority. Service shall be credited on a year-for-year and month-for month basis.
(3) A numerically-based process may be used for retention, pursuant to Florida Statutes § 295.08
(4) If a numerically-based process is not used, the employer shall give preference and priority to the retention of preference-eligible employees in the following manner:
(a) Employees who are not eligible for preference shall be considered first for layoff, before preference-eligible employees.
(b) If there are no other non-preference employees, then preference-eligible employees can be considered for layoff.
(c) In the event that two equally-qualified preference-eligible employees are considered for layoff, retention shall be awarded first to disabled veterans under Section 295.07(1)(a), F.S., or spouses under Section 295.07(1)(b), F.S.
(5) Preference-eligible employees who have previously provided proof of eligibility to the employer, and have this documentation as part of their personnel file, are not required to resubmit proof of eligibility for retention.
(6) Each employer shall ensure that records are maintained which document the retention process and justification for its final decision.
(7) In the event that a preference-eligible employee is not selected for retention, the employer shall notify the applicant within 7 days of the retention decision.
Rulemaking Authority Florida Statutes § 295.07(2). Law Implemented 295.07, 295.08, 295.085 FS. History-New 3-30-88, Formerly 22VP-1.015, Amended 7-12-93, 6-11-08, 6-27-16.
(3) A numerically-based process may be used for retention, pursuant to Florida Statutes § 295.08
(4) If a numerically-based process is not used, the employer shall give preference and priority to the retention of preference-eligible employees in the following manner:
(a) Employees who are not eligible for preference shall be considered first for layoff, before preference-eligible employees.
(b) If there are no other non-preference employees, then preference-eligible employees can be considered for layoff.
(c) In the event that two equally-qualified preference-eligible employees are considered for layoff, retention shall be awarded first to disabled veterans under Section 295.07(1)(a), F.S., or spouses under Section 295.07(1)(b), F.S.
(5) Preference-eligible employees who have previously provided proof of eligibility to the employer, and have this documentation as part of their personnel file, are not required to resubmit proof of eligibility for retention.
(6) Each employer shall ensure that records are maintained which document the retention process and justification for its final decision.
(7) In the event that a preference-eligible employee is not selected for retention, the employer shall notify the applicant within 7 days of the retention decision.
Rulemaking Authority Florida Statutes § 295.07(2). Law Implemented 295.07, 295.08, 295.085 FS. History-New 3-30-88, Formerly 22VP-1.015, Amended 7-12-93, 6-11-08, 6-27-16.