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Minnesota law. More information about a city "s responsibilities for benefit continuation is found in LM IT Risk M anagernent Information: Minnesota and COBRA Continuation Coverage and LM IT Risk Management Infermation: Retirm: Continuation of Coverage. Detaiied information shout the application of COBRA is available on the I aguelps web site at www-1nmc.orWhrL cobrainan cfm. How should the city determine which positions to A. Carefully consider implementing a hiring freeze. A city may want to consider implementing a hiring freeze in lieu of layoffs. A hiring freeze is usually implemented across -the -board with few or no exceptions. In other words, any employee who retires or otherwise leaves employment with the city is not replaced. The down side of this type of prom 'is that the vacancies can occur In jobs that are sorely needed by the city. For example, if the city operates a hospital or nursing home and registered nurses are scarce to begin with, it may be difficult for the city to leave a position vaunt, or, if the city has a one - person job class with special expertise such as the City Engineer or City Attorney, it may be difficult to `"do without' that function. In some cases, the city can contract out for the work, but this may not result in any cost savings. If the city wishes to implement a hiring freeze but include some exceptions to the freeze, it should identify the exceptions up front (either by individual position or by general guidelines before unplementing the freeze. when identifying the exceptions to the freeze, the city should document the business reasons that these positions will be exempted. This will help the city avoid perceptions of favoritism and help defend claims of discrimination and grievance arbitrations. B. Carefully consider which positions to layoff. A city should rely on business reasons to decide which ernployce(s) to layoff. From a legal perspective, state and federal law prevent employers from any employment practice that would discriminate against or have a significant `adverse i we" on any class of people protected by those laws (e.g., Title VII of the Civil Rights Act, Minnesota Human Rights Act). From a management perspective, a city should not use a layoff to deal with employee performance issues. It is possible that the courts or an arbitrator may see this as an unfair labor practice, a deception, or a wrongful discharge. With or without the existence of policies and past practices, the city must carefully think through how a layoff is to be accomplished. Once the city determines .which job class es will be affected, senionty (years of ser ice ) with the city is often used to determine who will actually be laid, off. ]=However, defining `seniority" can be tricky, For example, at YouT city: Igo part time years of service equal full time years of service or should part time service be prorated` Igo prior years of service count for employees who are rehired? Hoes timespent on a leave of absence count tow � p and seniority. (Federal law says that time spent on leave covered by the Family and Medical leave Act and/or for qualified military leave for traini duty does.) n or active g -3.