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The DHRM Form L-1 is an essential document for employees facing layoffs or changes in their employment status within the Commonwealth of Virginia. This form serves as a formal notice, detailing the circumstances under which an employee may be placed on leave without pay or laid off entirely. It provides critical information about placement options and outlines the potential consequences of accepting or declining these placements. Included in the form are sections for the agency's human resource officer to provide pertinent data such as employee details, positions, and temporary layoffs. Employees must respond, indicating whether they accept the new position, decline due to relocation or salary decrease, or opt for a leave of absence. The form also highlights important rights, including recall and preferential employment opportunities, ensuring that affected individuals understand their options and benefits during this challenging time. By clearly articulating these aspects, the DHRM Form L-1 aims to ease the transition for employees and mitigate the uncertainties of layoffs within the state workforce.

Dhrm L 1 Example

Attachment B

DHRM Form L-1 Rev. 10/07

Commonwealth of Virginia Notice of Layoff or Placement

First Notice Final Notice

This section is to be completed by the agency human resource officer

 

 

 

 

 

 

 

Agency

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name

 

 

 

 

 

 

 

 

 

 

 

 

 

Date

 

Employee

 

 

 

 

 

 

 

 

 

 

 

Employee ID

Name

 

 

 

 

 

 

 

 

 

 

 

Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Position

Role

 

 

 

 

 

SOC Code

 

 

 

Number

 

Pay

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current Semi-Monthly

 

 

 

 

 

 

 

Band

 

 

 

 

 

 

 

Salary

 

 

 

 

 

 

 

 

 

Effective

 

 

, you

 

 

 

 

 

 

 

 

are being placed in the following position:

 

 

 

 

 

 

 

 

Role

 

 

 

 

SOC Code

 

 

Position Number

 

 

 

Location

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Semi-Monthly Salary

 

 

 

 

 

 

 

are being placed on leave without pay-layoff for up to 12 months because there is no placement opportunity available to you under the State Layoff Policy.

If you are being placed, options available to you are marked with an X below.

You may decline the placement if it requires relocating your residence, and proceed to the next placement opportunity available to you under the Layoff Policy, if any other options are available. If none are available, I will be placed on leave without pay-layoff for up to 12 months.

You may decline the placement since it is to a position that will result in a salary decrease, and request that you be placed on leave without pay-layoff for up to 12 months.

If you do not accept the placement, your only option is to be separated-layoff because it will not result in salary decrease or need to relocate. You will not be entitled to severance benefits.

Signed

 

Title

 

 

 

 

 

 

This section is to be filled in by the employee and returned to the human resource officer no later than

.

If you do not return the form by this date, agency management will determine your placement.

 

 

I accept the placement described above.

I decline the placement described above because it necessitates relocating my residence. I wish to proceed to the next placement opportunity for which I am eligible, if any are available.

I decline the placement described above because it will result in a salary decrease. I wish to be placed on leave-without pay-layoff for up to 12 months.

I decline the placement described above and understand that I will be separated-layoff with no recall, or preferential employment rights, reemployment opportunity, or severance benefits.

Signed

 

Date

 

The signature above acknowledges receipt of the Notice of Layoff or Placement and a copy of the Layoff Policy.

Notice to employee:

Information on benefits while on leave without pay-layoff is included on the reverse side of this form. If you do not understand it, see your human resource officer.

Side 1 of 2

Recall, Preferential Employment, and Re-employment Opportunity Rights

Recall is the placement of an employee who is on leave without pay-layoff status, demoted in lieu of layoff, or who accepted a position that resulted in a reduction in salary, into a position that is in the employee's pre-layoff Role, salary and agency.

If you have been placed in a position in your same Role or Pay Band that does not require a salary reduction or relocation, you will have no recall or preferential employment rights. You may apply for openings as otherwise provided by agency policy and the State Hiring Policy.

If you have been demoted in lieu of layoff, accepted a position that resulted in a reduction in salary, or have been placed on leave without pay-layoff, you will be eligible for recall for up to 12 consecutive months from the effective date of the transaction.

If you decline recall to your former Role and salary in your former agency, your name will be removed from the recall list, unless the recall was declined because acceptance of the position offered would require residence relocation or reduction in salary.

Preferential Employment is the right of an employee on leave without pay-layoff to obtain a vacant position in other Executive Branch agencies in his/her formerly held Role without competing with candidates outside the hiring agency.

If you are being placed on leave without pay-layoff, you will be eligible for preferential employment and be selected for the position if the following criteria are met:

1.the advertised position is the same Role and Role code as your formerly held position (Role and Role codes are indicated on your preferential hiring card);

2.the agency does not select an applicant who is currently employed within that agency;

3.the agency determines that you are at least minimally qualified for the advertised position;

4.you apply for the position on or before the closing date for receipt of applications;

5.you present an application and your preferential hiring card (DHRM Form L-2) that was issued to you upon layoff; and

6.twelve consecutive months have not passed since the effective date of your leave without pay-layoff.

If you accept a position in another agency in the same Role or in a higher pay band your recall rights will cease, and you must notify the human resource officer of your former agency. Preferential employment does not prohibit you from applying for any externally advertised vacancy and being considered for the position in accordance with the State Hiring Policy.

Re-employment Opportunity is the voluntary program in which employees who choose to participate have their work credentials entered into a computerized database (re-employment opportunity pool) that can be used by Executive Branch agencies in recruiting applicants for vacancies. Employees interested in participating in the pool should complete a Re-employment Opportunity Application form immediately prior to their placement on leave without pay-layoff status.

Severance Benefits

When you are placed on leave without pay-layoff and eligible to receive severance benefits, you may maintain the State's benefits for up to 12 months. However, if you resign, or decline a recall to your former Role that does not involve relocation or salary reduction, your benefits will cease.

Medical Insurance

The State’s contribution toward employee and family medical insurance will continue for the period of leave without pay-layoff (LWOP-layoff) unless you decline recall to your former Role or voluntarily resign before the end of leave without pay-layoff. You will be responsible for the employee’s portion of the health insurance premium. If you wish to change your insurance coverage, you should contact your agency's Benefits Administrator.

Group Life Insurance

The State's contribution toward your group life insurance will continue for the period of LWOP-layoff.

Other Payroll-Deducted Programs

If you participate in other programs (cancer, Deferred Compensation Plan, etc.) through payroll deductions, contact your payroll office to find out how to continue membership in such programs during the time you are on LWOP-layoff.

Retirement

No refund of contributions can be made to you while you are on LWOP-layoff. If you wish to withdraw your VRS contributions, you can do so only by resigning from state service and forfeiting your right of recall and preferential employment.

Severance Pay-out

Eligible full-time employees are entitled to transitional severance benefits when placed on LWOP-layoff based on their number of years of continuous service. Payments cease if reemployed by the State.

Leave Balances

You will be paid at the beginning of your LWOP-layoff for any overtime and compensatory leave balances which you were eligible to accumulate. You may elect to be paid for your annual leave and sick leave (as eligible) at the beginning of your LWOP-layoff or you may leave such balances to your credit for the period of such leave. If you are not paid for these balances, they will be paid upon your separation, per policy. Disability credits are paid only at separation.

Service Credit

You will not be eligible to accrue leave while you are on LWOP-layoff. Time spent on LWOP, up to a maximum of 12 months, will count as active service in determining your annual leave accrual rate, months of service for VSDP, and whether you qualify for payment of 25% of your “traditional” sick leave or disability credit balance on termination. Time spent on LWOP-layoff does not count toward the 12 months probationary period.

The effective date of your eligibility for performance increases upon recall, or upon placement in another agency, will be established by the Performance Planning and Evaluation Policy.

Unemployment Compensation

If you are placed on LWOP-layoff, you should visit the local office of the Virginia Employment Commission to determine your eligibility for unemployment compensation benefits.

Side 2 of 2

Form Characteristics

Fact Name Description
Form Purpose The DHRM Form L-1 serves as a Notice of Layoff or Placement within Virginia state agencies.
Initial Notice There are two types of notices provided: First Notice and Final Notice, indicating the section's urgency.
Placement Options Employees have several options when placed on leave without pay-layoff, including declining a position.
Recall Rights Eligible employees can expect recall rights for up to 12 months if placed on leave without pay-layoff.
Severance Benefits Some employees may receive severance benefits, which depend on their years of continuous service.
Medical Insurance Medical insurance coverage continues during leave without pay-layoff, but employees must pay their portion of premiums.
Applicability of Preferences Preferential employment allows eligible employees to apply for vacant positions in other agencies without competition.
Governing Law This form is governed by the regulations set forth by the Virginia Department of Human Resource Management.

Guidelines on Utilizing Dhrm L 1

Completing the DHRM Form L-1 is a crucial step in managing your employment status during a layoff or transition. This form gathers the necessary information to document your placement, options, and acknowledgment of various rights and benefits. It's vital to ensure accuracy when filling it out and to submit it by the specified deadline.

  1. Begin by filling in the agency name and the date at the top of the form.
  2. Enter your employee details: your name, employee ID number, position, role, SOC code number, and current semi-monthly salary.
  3. Indicate the effective date of your placement.
  4. Check the appropriate boxes to indicate your acceptance or decline of the placement opportunities provided to you.
  5. If you decline a placement, clearly state your reasons, such as required relocation or salary decrease.
  6. Sign and date the form in the designated area to acknowledge receipt of the Notice of Layoff or Placement.
  7. Return the completed form to your human resource officer by the specified deadline to avoid agency management determining your placement.

What You Should Know About This Form

What is the DHRM L-1 form?

The DHRM L-1 form is a Notice of Layoff or Placement used by state agencies in Virginia. It informs employees about layoff decisions, placement options, and other relevant information regarding their employment status. This form is crucial to understand the employee's rights and next steps during a layoff situation.

Who fills out the DHRM L-1 form?

The agency's human resource officer completes the first part of the DHRM L-1 form. They will include the agency name, dates, employee details, and placement status. The employee must fill out the second part of the form, indicating their acceptance or decline of the offered position.

What happens if I decline the placement offered on the DHRM L-1 form?

If you decline the placement, you may face a layoff without recall rights or severance benefits. However, if your decline is due to a salary decrease or a required relocation, you can opt for leave without pay-layoff for up to 12 months instead.

What are my options if I am laid off?

If you are laid off, you may qualify for benefits such as leave without pay-layoff, severance benefits, or unemployment compensation. Additionally, you may be eligible for preferential hiring in other positions within the Executive Branch as long as you meet specific criteria.

How long can I be on leave without pay-layoff?

You can be placed on leave without pay-layoff for a maximum of 12 months. During this time, you must pay your portion of health insurance premiums to maintain medical coverage.

What are recall rights and how do they work?

Recall rights allow you to return to a similar position within your agency for up to 12 months after being placed on leave without pay-layoff. If you accept a different job during this time, you will lose your recall rights. You must also be considered minimally qualified for any advertised position in your former role to have these rights.

What benefits can I expect while on leave without pay-layoff?

You will continue to receive group life insurance benefits paid by the state. Health insurance contributions also continue unless you decline a position or resign. However, you will be responsible for your portion of the health insurance premiums during this period.

Can I apply for jobs while on leave without pay-layoff?

Yes, you can apply for other positions, including external vacancies. You also have preferential hiring rights for positions in Executive Branch agencies that are identical to your former role, as long as you meet specific criteria.

What happens to my leave balances if I am laid off?

At the beginning of your leave without pay-layoff, you will be paid for any overtime and compensatory leave balances. You may also choose to be paid for your annual and sick leave balances at the start or leave them for future use. If you are not paid upfront, the balances will be settled upon separation from the agency.

What is the process for determining unemployment compensation?

If you are placed on leave without pay-layoff, you should visit the local office of the Virginia Employment Commission. They will assess your eligibility for unemployment compensation benefits and guide you on the necessary steps.

Common mistakes

Filling out the DHRM L-1 form can be a straightforward process, but mistakes can lead to serious consequences. One common error is failing to provide all necessary information. The form requires details such as agency name, employee ID, position role, and pay band salary. Omitting any of these can delay the processing of your layoff or placement.

Another frequent mistake is not checking the appropriate boxes for options available. If you decline a placement due to relocation or salary decrease, it's crucial to mark the correct boxes. Neglecting this step can give the impression that you accept the position, leading to misunderstandings about your intentions.

Many people overlook deadlines. The form includes a specific date by which it must be returned. Failing to submit it on time may result in the agency making a placement decision without your input, which could limit your options significantly.

Some employees misunderstand the implications of their choices. For instance, if you decline the placement without fully understanding the consequences, such as potential separation or loss of benefits, you could find yourself in a disadvantageous situation. Always read the implications carefully and seek clarification if necessary.

Another common issue involves signatures. The form requires a signature to acknowledge understanding of the placement notice and layoff policy. Forgetting to sign or dating it incorrectly can invalidate your response, causing further complications.

It's also vital to consult with your human resources officer if you have questions. Ignoring this advice can result in filling out the form incorrectly or misunderstanding your rights under the layoff policy. Your HR representative is there to assist you, so using that resource is highly encouraged.

Lastly, failing to keep copies of the completed form can create problems down the line. Retaining a copy for your records ensures you have proof of what was submitted, which can be essential if any disputes arise regarding your status or options.

Documents used along the form

The DHRM Form L-1 is an important document used by employees facing layoffs within Virginia's government workforce. Often, it is accompanied by additional forms and documentation that clarify rights, benefits, and options available to employees during this challenging time. Below are six significant documents commonly used alongside the DHRM Form L-1, each serving a distinct purpose.

  • DHRM Form L-2: Preferential Hiring Card - This form provides employees with notification of their entitlement to preferential hiring status. It is essential for those on leave without pay, as it allows them to apply for positions in other agencies without competing against external candidates.
  • Re-employment Opportunity Application - When employees are placed on leave without pay, this form serves to register them in a database where agencies look for candidates for job openings. Participation in this program can help employees secure new roles more effectively.
  • Severance Benefits Documentation - This outlines the details regarding any severance pay or benefits an employee may receive when placed on leave without pay. Understanding these benefits is crucial for financial planning during the transition.
  • Medical Insurance Continuation Form - This form helps employees manage their medical insurance coverage while on leave. It clarifies responsibilities related to premium payments during the leave period, ensuring that employees have ongoing access to health care.
  • Unemployment Compensation Application - Employees should fill out this application at their local Virginia Employment Commission office to explore their eligibility for unemployment benefits while on leave without pay.
  • Separation Notice - If employees choose not to accept a position or opt for separation, this notice formally documents their layoff status. It is crucial for establishing their employment record in future job searches.

Having a well-rounded understanding of these forms and documents can significantly ease the transition process for employees facing layoffs. It's important to approach this time with awareness of available resources and entitlements, facilitating a smoother path forward.

Similar forms

The DHRM Form L-1 serves an essential function in communicating layoff or placement information to employees. It resembles several other documents that address similar employment-related issues. Below is a comparison of the DHRM Form L-1 with other relevant documents:

  • Separation Notice: This document notifies an employee of their impending separation from the organization. Like the DHRM Form L-1, it outlines the reasons for separation and informs the employee about their rights and options moving forward.
  • Layoff Notification Letter: This letter provides formal communication regarding a temporary or permanent layoff. It is similar to the DHRM Form L-1 in that it explicitly states the employee’s status and offers guidance on their entitlements during the layoff period.
  • Employee Rights and Responsibilities Document: This document outlines the rights and responsibilities of an employee amid job changes. It closely aligns with the DHRM Form L-1 as both aim to provide clarity on the employee's available options and consequences of their decisions.
  • Unemployment Benefits Application: This application allows employees experiencing job loss to seek unemployment benefits. Similar to the DHRM Form L-1, it addresses the financial aspects of a layoff and provides necessary information to facilitate the process of obtaining support.
  • Re-employment Offer Letter: This letter is issued to inform laid-off employees of available positions within the organization. It shares similarities with the DHRM Form L-1 in that both documents navigate the pathways for the employee’s return to work after a layoff.
  • Severance Agreement: This agreement outlines the terms and conditions surrounding an employee’s severance package. The DHRM Form L-1 also touches on severance benefits and eligibility, offering a guide for affected employees regarding their financial assistance options after separation.

Dos and Don'ts

When filling out the DHRM L-1 form, there are important steps to take to ensure it is completed correctly. Here’s a list of what you should and shouldn’t do:

  • DO read the entire form carefully before starting. Understanding the requirements will help you avoid mistakes.
  • DO provide accurate and complete information in all sections. Double-check your entries, including your name, employee ID, and agency details.
  • DO submit the completed form by the specified deadline to your human resource officer. Timely submission helps ensure your placement is handled appropriately.
  • DO sign and date the form where required. Without your signature, the form may be considered incomplete.
  • DON'T ignore the options presented on the form. If you decline a placement, make sure to indicate that clearly.
  • DON'T submit the form without reviewing it for any errors. Simple mistakes can lead to confusion or delays in processing.

Misconceptions

Misconceptions about the DHRM L-1 form can lead to confusion and misinformed decisions during a challenging time such as a layoff. Here are nine common misunderstandings:

  1. It guarantees job placement. Many believe that completing the DHRM L-1 form ensures a guaranteed job placement. In reality, it simply outlines the employee's options regarding their current status and potential future placements.
  2. Employees will always receive severance benefits. Some might think that being laid off automatically entitles them to severance benefits. However, it is essential to understand that severance pay may not apply if the employee chooses to decline a suitable placement.
  3. Declining a position means indefinite separation. Many assume that if they decline a new placement, they will be separated permanently. In truth, employees may still request to be placed on leave without pay for up to 12 months as an alternative.
  4. All positions offered during layoff will maintain salary levels. Some individuals think that any position offered will match their current salary. However, the DHRM L-1 form clarifies that a reduction in salary can occur, and employees may decline such placements.
  5. Recall rights are automatic. There is a misconception that employees have automatic recall rights once they are placed on leave. While certain employees do have these rights, they only apply under specific circumstances outlined in the form.
  6. Preferential employment rights apply to all agencies. Some employees may believe they can claim preferential employment in any agency. However, these rights only apply to Executive Branch agencies and require meeting certain criteria listed in the form.
  7. Leave without pay means losing all benefits. A common belief is that going on leave without pay results in the loss of all benefits. In fact, many benefits, such as medical and life insurance, may continue under specific guidelines.
  8. Participation in the re-employment pool is mandatory. Some workers assume they must participate in the re-employment opportunity pool. This is not accurate, as participation in this program is entirely voluntary.
  9. Employees have unlimited time to complete the form. There is often confusion about deadlines. The DHRM L-1 clearly states that it must be returned by a specified date, or agency management will determine placement, which could limit options.

Key takeaways

Here are key takeaways to consider when filling out and using the DHRM L-1 form in Virginia:

  • Understand the Purpose: The DHRM L-1 form is used to provide notice of layoff or placement within state employment.
  • Complete Accuracy: Ensure all sections of the form are filled out correctly, including agency details, employee information, and salary specifics.
  • Notification Deadlines: Pay close attention to timelines. You must return the form to your human resource officer by the stated deadline.
  • Choices Matter: The form includes options for employees regarding placement and the choice to accept or decline. Review these carefully.
  • Knowledge of Rights: Familiarize yourself with your recall and preferential employment rights, outlined in the form, for potential future opportunities.
  • Health Benefits: Understand how your benefits, like medical insurance and group life insurance, will be affected during the leave without pay-layoff period.
  • Severance Benefits: If eligible, remember that severance benefits can be received while on leave without pay-layoff but will terminate under specific conditions.
  • Seek Assistance: If you have questions about the form or your situation, don’t hesitate to contact your human resource officer for clarification.