SEBAC/Layoff/Reinstate/Transfer

FAQs

  • Reemployment Rights FAQs
  • SEBAC Rights FAQs
    • 1. If an employee is laid off, what SEBAC rights is s/he eligible to receive?
      Answer: The employee is eligible to receive SEBAC rights to job classes s/he has held and job classes deemed comparable to these classes, assuming s/he still meets the minimum entry requirements for these classes. The employee also is eligible to receive SEBAC rights to most job classes for which s/he meets the minimum entry requirements. Employees laid off from a position in a bargaining unit do not receive SEBAC rights to managerial or confidential classes/positions. Employees laid off from a position outside of a bargaining unit do not receive SEBAC rights to jobs at a higher salary group than the class held at the time of layoff. 
    • 2. Who determines SEBAC rights?
      Answer: The Department of Administrative Services (DAS) determines SEBAC rights. 
    • 3. How are SEBAC rights determined?
      Answer:

      SEBAC rights are determined by reviewing an employee’s work history with the state, examination records, and information provided on the employee’s Master Application and resume (optional) included with his/her CT HR 1 form. (Both state and non-state work experience, documented volunteer experience, formal education, and current licenses and certifications are considered when reviewing an employee’s qualifications.) An employee must meet the minimum experience and training requirements, as detailed on the job specification, in order to receive SEBAC rights to that job class. 

    • 4. Is it possible to have Reemployment and SEBAC rights to some of the same job classes?
      Answer: Yes. Refer to the question and answer above as well as to the first question and answer under the section entitled Frequently Asked Questions About Reemployment Rights.
    • 5. Is it possible for an employee to receive SEBAC rights to job classes above the level s/he was in at the time of layoff?
      Answer: Yes, if the employee was laid off from a bargaining unit class. No, if the employee was laid off from a managerial or a confidential job class. 
    • 6. Can an employee receive SEBAC rights to job classes outside of the bargaining unit s/he was laid off from?
      Answer: Yes. However, employees laid off from a bargaining unit cannot receive SEBAC rights to managerial, confidential or non-bargaining unit positions. 
    • 7. Who is eligible to receive SEBAC rights?
      Answer: An employee who has exhausted his/her transfer and bumping rights or who is a permanent State employee who has no transfer or bumping rights under the applicable collective bargaining agreement, and therefore will be terminated as the result of a layoff or nonrenewal. Laid off employees in trainee classes or in working test periods in DAS bargaining units, provided they have completed six (6) months of service in their current position(s) or have otherwise achieved permanent status. In addition, an employee may elect to participate in the placement and training process in lieu of exercising his/her transfer and/or bumping rights under the applicable collective bargaining agreement. Employees laid off from a managerial or confidential position who have permanent status in the classified service. 
    • 8. If an employee is demoted in lieu of layoff, what SEBAC rights is s/he eligible to receive?
      Answer: The employee receives SEBAC rights to the job classes s/he qualifies for above the salary group to which s/he was demoted. 
    • 9. Are all SEBAC rights the same?
      Answer: No. When filling vacancies, agencies generally see two SEBAC lists. The first list is of individuals that were laid off from the same bargaining unit as the position being filled. The second list is of individuals that were laid off from outside of that bargaining unit. Agencies must consider individuals from the first list before they can move to the second list.
    • 10. How long do SEBAC rights last?
      Answer:

      SEBAC rights generally last a maximum of three years, although they may be made inactive or removed from SEBAC under certain conditions. Please read the information below for a further explanation.

      A. Accepting other jobs in lieu of or following a layoff:

      • Employees, who are employed at the time of layoff in a full-time capacity, will not be removed from SEBAC list (s) for a period of up to three (3) years for accepting a part-time, durational, temporary, job sharing, intermittent or a lesser paid full-time position. At the end of the three (3) year period, any such employee who has not been reemployed in a full-time permanent position at comparable pay to the position they were laid off from will be placed in an inactive status. They will be removed, however, from the SEBAC list(s) if they accept full-time permanent employment by exercising their contractual reemployment right or their SEBAC rights to a comparable paid position. If a SEBAC candidate accepts a lesser position, they will remain in SEBAC for only those positions they are deemed qualified to fill above the position they accepted.
      • Employees, who are employed at the time of layoff in a part-time capacity, will not be removed from a SEBAC list (a) for a period of up to three (3) years for accepting a durational, temporary, job sharing, intermittent or a lesser paid position including a position with fewer hours per week. At the end of the three (3) year period, any such employee who has not been reemployed in a permanent part-time position at comparable pay to the position they were laid off from will be placed in an inactive status. They will be removed, however, from the SEBAC list (s) if they accept full or part-time permanent employment by exercising their contractual reemployment rights or their SEBAC rights to a comparable paid position. If such an employee accepts a lesser position, they will remain on SEBAC for only those positions they are deemed qualified to fill above the position they accepted.

      B. Waiving positions. If an employee waives a total of three (3) suitable position offers from any State agency(ies) for any classification, the employee will be placed in an inactive status for all SEBAC position opportunities. Notification will be provided to the employee and their union if they are to be placed in an inactive status. An employee will be removed from the inactive status upon reapplication to DAS accompanied by a written indication of willingness to accept employment, if offered. A reapplication will be reviewed by the DAS for position qualifications and position interests. (IMPORTANT NOTE: A waiver is counted when an employee turns down an opportunity for employment or does not reply to an offer of employment.)

      C. SEBAC rights are removed if an employee resigns or retires from state service.

    • 11. Are SEBAC lists arranged by seniority?
      Answer: No.
    • 12. What positions do SEBAC rights apply to?
      Answer: Positions in the classified service which are within the Commissioner of Administrative Services’ jurisdiction, as well as positions in the unclassified service in the Department of Children and Family Services, Commission on Culture and Tourism, Connecticut Marketing Authority, Department of Correction, Board of Education and Services for the Blind, State Library, Department of Mental Health and Addiction Services, Department of Social Services, Labor Department, Department of Agriculture, Department of Education, Department of Developmental Services, and the Judicial Branch.
    • 13. How can an employee who has been laid off find out what job classes he has SEBAC rights to?
      Answer:

      Access this information via BizNet. (This information is secured so that individuals can only access their own information.)

    • 14. How will an individual who has SEBAC rights find out about jobs?
      Answer: Typically, the hiring agency contacts the person by phone or by mail. It is very important to have your contact information up-to-date as this information will be used to notify you of job opportunities. 
    • 15. What happens if an individual accepts a job to which s/he has SEBAC rights?
      Answer:

      The employee’s SEBAC (and reemployment) rights to classes at or below the salary level of the job s/he accepts are disabled (no longer active). If the employee accepts a position at the same or comparable salary level that s/he was laid off from, all SEBAC and reemployment rights are disabled. (In this case the employee has no further reemployment and/or SEBAC rights.) Please read the information below for a further explanation regarding accepting other jobs in lieu of or following a layoff: 

      • Employees, who are employed at the time of layoff in a full-time capacity, will not be removed from SEBAC list (s) for a period of up to three (3) years for accepting a part-time, durational, temporary, job sharing, intermittent or a lesser paid full-time position. At the end of the three (3) year period, any such employee who has not been reemployed in a full-time permanent position at comparable pay to the position they were laid off from will be placed in an inactive status. They will be removed, however, from the SEBAC list(s) if they accept full-time permanent employment by exercising their contractual reemployment right or their SEBAC rights to a comparable paid position. If a SEBAC candidate accepts a lesser position, they will remain in SEBAC for only those positions they are deemed qualified to fill above the position they accepted. 
      • Employees, who are employed at the time of layoff in a part-time capacity, will not be removed from a SEBAC list (a) for a period of up to three (3) years for accepting a durational, temporary, job sharing, intermittent or a lesser paid position including a position with fewer hours per week. At the end of the three (3) year period, any such employee who has not been reemployed in a permanent part-time position at comparable pay to the position they were laid off from will be placed in an inactive status. They will be removed, however, from the SEBAC list (s) if they accept full or part-time permanent employment by exercising their contractual reemployment rights or their SEBAC rights to a comparable paid position. If such an employee accepts a lesser position, they will remain on SEBAC for only those positions they are deemed qualified to fill above the position they accepted. 
    • 16. Does an employee have to serve a working test period in a job class s/he has active SEBAC rights to?
      Answer: In most cases, an employee is required to successfully complete a working test period. 
    • 17. If an individual is offered a job under his/her SEBAC rights, does s/he have to take an employment examination?
      Answer: If the job is non-competitive, unclassified or non-examined an examination is not required. If the job is competitive and the employee is on a current valid examination list for the job class, an exam is not required. If, however, the job class is competitive and the employee is not on a current valid examination list, the employee must take and pass the first examination that is offered. The employee can be placed in the job on a provisional basis until the first examination is offered. (Time in provisional status can count towards the required working test period, provided the first examination offered is taken and passed.) In cases, where the examination process has multiple phases, individuals are required to take and pass the examination process before they are granted SEBAC rights to the job class. 
    • 18. What happens if an employment examination is required and the employee does not take and pass the first examination that is offered?
      Answer:

      The employee must be removed from the position and the employee’s SEBAC rights to the job class are disabled. It is the employee’s responsibility to monitor examination postings and apply for the first examination that is offered.

    • 19. What happens if an individual who was employed at the time of layoff in a full-time job, accepts a part-time, durational, temporary, job sharing, intermittent or lesser paid full-time position?
      Answer: SEBAC employees who are employed at the time of layoff in a full-time capacity, will not be removed from SEBAC list(s) for a period of up to 3-three years for accepting a part-time, durational, temporary, job sharing, intermittent or a lesser paid full-time position. At the end of the three-year period, any employee who has not been reemployed in a full-time permanent position at comparable pay to the position they were laid off from will be placed in an inactive status. They will be removed, however, from the SEBAC list(s) if they accept full-time permanent employment by exercising their contractual reemployment right or their SEBAC rights to a comparable paid position. If a SEBAC candidate accepts a lesser position, they will remain in SEBAC for only those positions they are deemed qualified to fill above the position they accepted. 
    • 20. What happens if an individual who was employed at the time of layoff in a part-time job, accepts a durational, temporary, job sharing, intermittent or lesser paid full-time position?
      Answer:

      SEBAC employees who are employed at the time of layoff in a part-time capacity, will not be removed from SEBAC list(s) for a period of up to three years for accepting a durational, temporary, job sharing, intermittent or a lesser paid position including a position with fewer hours per week. At the end of the 3 year period, any employee who has not been reemployed in a full-time permanent position at comparable pay to the position they were laid off from will be placed in an inactive status. They will be removed, however, from the SEBAC list(s) if they accept full-time permanent employment by exercising their contractual reemployment rights or their SEBAC rights to a comparable paid position. If a SEBAC employee accepts a lesser position, they will remain on SEBAC for only those positions they are deemed qualified to fill above the position they accepted.

    • 21. If an employee is bumped and accepts a position in the same class as s/he was in at the time of layoff, does s/he receive SEBAC rights?
      Answer:

      No, unless the employee bumps to a job with fewer hours or to a job that is temporary or durational.

    • 22. How can I update my contact information if my mailing address or phone numbers have changed?
      Answer:

      The BizNet account allows individuals to access their contact information as entered into the computer system. Once you sign-on to your BizNet account, you can elect to send an e-mail to DAS.Rights@ct.gov with your new contact information. As this information is used by agencies to contact individuals for jobs, it is crucial that this information be accurate and up-to-date. Please review the information we have on file and make corrections/updates as appropriate. It is your responsibility to update this information when changes occur.

    • 23. If I have SEBAC rights to a job class, will I be contacted for all positions in that class?
      Answer:

      No, not necessarily. The information you provided on your CT HR 1 form with regard to location and work schedule choices (i.e., shift, part/full-time, durational/permanent) will be used as the basis for providing SEBAC lists to the agencies. For example, if the vacant position is in New Haven and you did not choose New Haven on your form, your name would not be certified to the agency for that position.

    • 24. What happens if an individual is contacted for a job under SEBAC and s/he does not respond to the notice or waives the job offer?
      Answer:

      If an employee waives a total of three (3) suitable position offers from any State agency(ies) for any classification, the employee will be placed in an inactive status for all SEBAC position opportunities. Notification will be provided to the employee and their union if they are to be placed in an inactive status. An employee will be removed from the inactive status upon reapplication to DAS accompanied by a written indication of willingness to accept employment, if offered. A reapplication will be reviewed by the DAS for position qualifications and position interests. IMPORTANT NOTE: A waiver is counted when an employee turns down an opportunity for employment or does not reply to an offer of employment. Therefore, it is important that each employee review the job classes s/he has rights to as well as the location preferences and work schedule information s/he indicated on the CT HR 1 form to make certain this reflects positions that s/he will accept. It is also important that each employee keep his/her contact information up-to-date so that notices of job opportunities are received in a timely manner. Changes can be made to job, work location and work schedule selections as well as to contact information by accessing your BizNet account. You can select to e-mail DAS.Rights@ct.gov with any changes you want to make to your location or work schedule choices and to your contact information. You can also request to have your rights to certain job titles disabled if you are not willing to accept positions in those job titles.

    • 25. How does an agency know where in the state you will accept jobs?
      Answer:

      The location preference information you completed on the CT HR 1 form was entered into the computer system and is used to provide agencies with lists of employees that match the location of the job.

    • 26. Can an individual change the work location preferences that s/he originally made?
      Answer:

      Yes. Access your BizNet account and review your current location choices. You can select to e-mail DAS.Rights@ct.gov with any changes you want to make to your location choices. Make certain your work schedule choices reflect jobs that you will accept.

    • 27. How does an agency know if I will accept a part-time or full-time, permanent, or durational/temporary position?
      Answer:

      The work schedule information you completed on the CT HR 1 form was entered into the computer system and is used to provide agencies with lists of employees that match the work schedule of the job.

    • 28. Can an individual change the work schedule preferences that s/he originally made?
      Answer:

      Yes. Access your BizNet account and review your current work schedule choices. You can select to e-mail DAS.Rights@ct.gov with any changes you want to make to your work schedule choices. Make certain your work schedule choices reflect jobs that you will accept.

    • 29. What salary would an individual receive if re-employed under his/her SEBAC rights?
      Answer:

      An employee appointed from a SEBAC list to a position in his/her former salary group will be appointed at the same step in such group as s/he held at the time of layoff. An employee appointed to a position in a lower salary group shall be paid at the step in the lower salary group which is closest, but not more than, his/her current salary at the time of layoff. (This salary cannot exceed the maximum of the salary range.) An employee appointed from a SEBAC list to a position in a higher salary group will be appointed as if s/he was promoted using the salary dollar amount the employee was earning at the time of layoff as the base pay. The salary plan in effect at the time of rehire is used to determine the employee’s new salary rather than the salary plan in effect at the time of layoff. A managerial employee appointed from a SEBAC list to a position in the managerial pay plan will be compensated at the same salary dollar amount that s/he was earning at the time of layoff. This salary must fall within the salary range of the new position. (If the salary at the time of layoff is below the minimum of the new salary group, then the employee must be paid at the minimum of the salary range. Likewise, if the salary at the time of layoff is above the maximum of the salary of the new salary group, then the employee must be paid at the maximum of the salary range. Under no circumstance can the new salary exceed the maximum of the salary range.)

    • 30. I have heard about a 30-day rule. What is this rule and how does it work?
      Answer:

      For administrative purposes, once an agency receives a list of SEBAC employees from DAS, the agency will have a window period of up to 30 days to contact the employees on the list, interview and make a job offer. If the employees on the SEBAC list do not respond or do not accept an offer of employment, the employing agency may proceed to consider other candidates for employment without requesting an additional SEBAC list, subject to appropriate merit system rules. After the 30 days have expired and the agency has not made a bona fide offer of employment which has been accepted by the “outside” candidate, the agency must request a new list of SEBAC employees from DAS.

    • 31. If an employee retires in lieu of layoff, does s/he receive SEBAC rights?
      Answer:

      No.

    • 32. Can an individual request SEBAC rights to additional job titles?
      Answer:

      Utilizing their BizNet account, an individual can review the job classes s/he has SEBAC rights to. (This information is secured so that individuals can only access their own information.) An individual can select to e-mail DAS.Rights@ct.gov with any job titles s/he believes s/he is qualified for providing additional information about work experiences and education as they relate to the minimum qualifications detailed on the job specification for that job classification.

    • 33. If I am laid off from state service will I receive a payout for my accrued vacation, sick and personal leave time?
      Answer:

      You will receive payment for your accrued vacation time only. If you return to state service in the same calendar year the layoff occurs, your unused personal leave time will be reinstated. If you return to state service prior to the expiration of your reemployment rights, your unused sick leave time will be reinstated. (Reemployment rights are usually for three years but may be longer, depending on an employee’s labor unit. For example, the NP-2 collective bargaining agreement specifies five years.)