What education employees need to know about RIFs

Reduction in force is not an issue that education employees have had to deal with much, until recently. Given the state of Missouri’s current budget and little hope that real improvements will occur anytime soon, it is very likely that reduction in force, or RIF, will become a reality for many education employees. In fact, districts in Missouri have already begun to cut staff sizes by using the RIF statute.

Section 168.124 of the Missouri Revised Statutes sets forth the procedure school districts are to use when placing teachers on “unrequested leaves of absence.” The statute applies only to teachers, as defined by the Teacher Tenure Act. An education employee who is not a teacher does not have the protections of this statute.

Unrequested leaves of absence can only occur due to the financial condition of a school district, school district reorganization or a decrease in pupil enrollment. A district must “RIF” probationary teachers before tenured teachers. Tenured teachers are retained on the basis of evaluations and seniority within the field of specialization.

Teachers who are subject to RIF have the right of recall. The statute says that no new teachers may be hired while there are available teachers on unrequested leaves of absence who are qualified to fill such vacancies. This right of recall applies both to probationary and tenured teachers. Therefore, even probationary teachers who are are subject to RIF must be recalled to positions for which they are qualified before the district can hire new probationary teachers.

A teacher who is placed on an unrequested leave of absence has a right to review the information used by the school district to make the determination to RIF. In addition, the teacher has a right to a hearing before the Board of Education. This right to a hearing applies to both probationary and tenured teachers.

Any education employee (whether a teacher or not) who is let go by the district in these types of situations has the right to apply for unemployment compensation benefits and to continue health insurance coverage through the district. The continuation of health insurance coverage is dependent upon the employee paying the premium. In other words, the district does not have to pay the employee’s insurance unless district policy provides otherwise.

Any member who receives notice that he or she will be the victim of the RIF process should immediately contact his or her local Association president and/or UniServ director for assistance in how to proceed. UniServ directors assist MNEA members throughout the RIF hearing and advise them on rights granted through school policy.

by Jacquie Shipma
MNEA director of legal services