A. General
Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section A.
B. Scope
Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional Support Staff Career Positions), Section B.
C. Responsibility
The organization Head or designee has the authority to lay off or reduce the time of a career employee for a temporary or indefinite period when layoffs or reductions in time are necessary due to lack of funds or lack of work, including lack of work due to reorganization. Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions). Layoff or reduction in time actions must be approved by CHR [all references to CHR also include Health System Human Resources for staff under their jurisdiction] prior to implementation.
- Departmental Layoff Proposal: Each affected organization or department assesses the impact of changes such as lack of funding, a lack of work, or the effects of reorganization. Using an objective process that includes a consideration of the affected employees’ job performance and documented discipline, if any, the department must analyze circumstances to determine which essential functions need to be performed by the department, as well as which functions and positions will be eliminated. Written documentation of this analysis and justification shall be provided to CHR Employee and Labor Relations for review.
Prior to notifying affected employees, the department submits a completed Order of Layoff Form, signed by the Department Head, to CHR—Personnel Services for review. The order of layoff form shall include:
a. a completed separate form for each classification (title code) selected for indefinite layoff; and
b. all career, limited and contract positions in the title code as a group (within the layoff unit), regardless of funding source or percent of time - Review of Departmental Layoff Proposal
a. Calculation of Seniority Points: A CHR Personnel Services Analyst will calculate seniority points based on the full time equivalent service of the affected employees. One point shall be assigned for each month on pay status at 100% through the proposed date of layoff. A proportionate percent of a point will be assigned for each month on pay status less than 100% time. Employment prior to a break in service shall not be counted when calculating seniority points. The CHR Employee Relations Consultant will review the layoff proposal to ensure conformance with UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions).
b. Letter of Justification: The order of layoff of employees in the same classification within a department or layoff unit is based on seniority; special skills, knowledge, or abilities that are essential to perform the job functions and to meet the department's operational needs; and job performance and/or evidence of discipline in the two-year period prior to selection for layoff. The department shall identify the relative weight assigned to each of the factors under consideration, with the concurrence of the appropriate administrator at the organization/school level, and:
i. determine if there are any affected individuals possessing special skills, knowledge, or abilities to perform certain functions which are essential to the job and to the department's operations;
ii. determine whether all affected employees are performing equally;
iii. determine whether disciplinary action has been taken against any affected employees in the two-year period preceding the decision to implement layoffs; and,
iv. prepare a separate " Letter of Justification" documenting the rationale used for retaining each employee out of seniority order.
c. Approval of Retention out of Seniority Order: The CHR Employee/Labor Relations Director shall approve or disapprove in writing the proposed layoff action(s), including retention of any employees outside of seniority order. - Notice of Layoff or Reduction in Time
a. An employee shall receive at least thirty (30) calendar days advance written notice prior to indefinite layoff or reduction in time, whenever feasible.
b. The written notice shall include all memoranda of justification which gave rise to the retention of employees out of seniority order or documentation indicating that the employee has waived his/her seniority.
c. If less than thirty (30) calendar days notice is given, the employee shall receive pay in lieu of notice for each additional day the employee would have been on pay status had the employee been given thirty (30) calendar days' notice.
D. Temporary Layoff & Temporary Reduction in Time
Refer to UC- PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Center Positions), Section D.
E. Indefinite Layoff & Indefinite Reduction in Time
Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section E. Employees who voluntarily choose to waive their seniority in order to be designated for layoff must affirm this election in writing and the document must be provided to CHR as an attachment to the Letter of Justification.
F. Reemployment from Indefinite Layoff
The following describes the employee’s layoff benefits and the supervisor’s responsibilities when making hiring decisions regarding employees exercising their right to recall and preference:
- Right to Recall: Upon notice of a career vacancy, the department shall review the list of employees on active layoff status from that department who are in the same classification to determine if any are eligible and qualified to fill the vacancy. If no laid off employees meet the qualifications required for the essential duties, the position can then be opened to recruitment.
- Rights to Preference (Reemployment): An employee on active or pending layoff status must advise CHR of her/his decision to activate preference by meeting with the Campus Layoff Coordinator.
- Trial Employment
a. An employee re-hired under recall or preference for reemployment to a career position may serve a trial employment period of up to six months.
b. Employees re-hired from the layoff pool shall be issued a letter stating that they are in trial employment status.
c. During the period of trial employment, at least one (1) performance evaluation will be issued to the affected employee.
d. At any time during the trial employment period, either the employee or the supervisor may request a return to layoff status for the employee.
e. Upon return to layoff status, the employee’s eligibility for preference and recall shall be restored for the period remaining prior to the beginning of the trial employment period.
f. Supervisors shall have no authority to extend the trial employment period beyond six months without the written approval of CHR. - Disqualification for Recall and Preference to a Vacant Position
a. The department can disqualify a preferential rehire candidate if he or she does not possess the minimum qualifications for the position or has been selected for layoff based on performance or a record of discipline in the two year period prior to the layoff. The reasons for rejection shall be provided by the department in writing to CHR Staff Employment which shall review and approve the reasons for rejection prior to the disqualification being communicated to the candidate.
b. The reason(s) for the disqualification shall be related to the minimum requirements for satisfactory job performance and based on information obtained from the application, interview, or other job-related sources.
G. Continuation of Right to Recall & Preference for Reemployment
Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section G.
H. Termination of Right to Recall & Preference
Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section H.
I. Service Upon Reemployment
Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section I.
J. Severance Pay
A regular status employee who has been laid off indefinitely or whose time has been reduced indefinitely shall have the option of severance pay in lieu of preference for reemployment and the right to recall.
An employee who elects severance pay in lieu of preference for reemployment and the right to recall shall be paid a lump sum amount of one week (5 workdays) of salary for each full year of service from the most recent break in service, up to a maximum of 16 weeks of base pay.
This option shall be offered to the employee in the Notice of Layoff.
(a) The Notice shall indicate the number of weeks or workdays of base pay the employee will be eligible to receive.
(b) Departments should contact the Personnel Services Unit in Campus Human Resources for assistance in determining this information.
(c) Departments with layoff candidates paid through extramural fund sources should contact the Office of Contract and Grant Administration for instructions on charging severance pay.
- An employee selecting the severance option must do so in writing as soon as possible or no later than fourteen days from the date of the notice of layoff. Refer to the Severance Election Form available in Related Information.
- Once notified, the department shall process the severance payment.
- The employee shall receive the severance payment on the last day on pay status.
An employee who has received severance pay under this policy and who returns to work in a career position with the University at the same or higher salary and at the same percentage of time as the position held at the time of layoff shall repay to the University any portion of severance pay received that is in excess of the time the employee was on layoff status.
- Local Procedures to be developed
