Policy 60: Layoff and Reduction in Time from Professional and Support Staff Career Positions
The following implementing procedures are currently under revision and will be updated as soon as possible.
NOTE: The following procedures supplement Personnel Policy 60. Each section should be read with the related policy section (At Your Service).
B. SCOPE
Refer to Policy 61 for information on terminating employees in casual and casual-restricted positions.
C. RESPONSIBILITY
Chancellor: The Chancellor has delegated authority for designating layoff units to the Director of Human Resources.
Department Head: The department head has the authority to lay off or to reduce time, and the responsibility to minimize the effects of layoff or reduction in time by reassignment to vacant positions.
As soon as the department head determines that layoffs or reductions in time are necessary, the department head or designee should contact the department's Employee Relations Consultant for consultation regarding policy conformance and coordinated assistance from Human Resources.
Reassignment: Reassignments are within the department to any vacant career position at the same percentage of time or less, at the same salary level (as determined by salary range midpoint), and covered by the same personnel program. If the department believes that an employee is not qualified for reassignment to a vacant career position, non-reassignment must be documented before listing a career job vacancy. The department should advise an employee if a position at a lower salary level or at a lesser percentage of time is available. However, the employee does not have to accept such a position.
D. TEMPORARY LAYOFF AND TEMPORARY REDUCTION IN TIME
Whenever a layoff or reduction in time from a career position is temporary for four calendar months or less, the provisions of Policy 60, sections E-H shall not apply.
Whenever possible, written notice of temporary layoff or temporary reduction in time shall be given to the employee at least thirty calendar days before the effective date. Notice with proof of service should be hand-delivered or mailed.
The department will provide the employee with a written change of status letter for unemployment purposes. Eligibility for unemployment benefits is determined by the California Employment Development Department.
E. INDEFINITE LAYOFF AND INDEFINITE REDUCTION IN TIME
Seniority
When implementing an indefinite layoff or reduction in time, the department calculates seniority points, from the most recent date of hire, for all employees in the unit who have the same classification (job title) as the position scheduled for elimination or reduction. Human Resources verifies the most recent date of hire.
Seniority is computed on the basis of one seniority point for each month of full-time-equivalent (FTE) service in any University job classification or title (including academic titles) since the last break in service. Service includes time on Workers' Compensation and Extended Sick Leave status, overtime (not to exceed full time for the pay period) and service with the major UC Department of Energy laboratories. Service excludes time with the State of California, Hastings College, or the California State Universities and Colleges (except when such service is approved as University service upon the transfer of a state facility to the University).
Service is combined to determine FTE months of seniority points to the nearest hundredth of a standard month (174-hour month).
Examples:
An employee who worked 20 full months plus 12 days (96 hours) has 20.55 months of FTE service/seniority points: 20 + (96 ¸ 174) = 20.55.
An employee who worked 80% time for 59 months has 47.20 months of FTE service/seniority points: .80 x 59 = 47.20.
An employee paid by the hour who worked 10,550 hours has 60.63 months of FTE service/seniority points: 10,550 ¸ 174 = 60.63.
The department head may approve a retention out of seniority after consultation with the Employee Relations Consultant.
Notice
The department head is responsible for providing the necessary notice as far in advance as possible but no later than the limits stated herein.
This notice should state the reason for layoff, the effective date, the right to recall and preference for reemployment and/or severance, and the right to appeal. Notice with proof of service should be hand-delivered or mailed. A copy of the notice should immediately be sent to the Employee Relations Consultant and the Special Placement Coordinator.
F. REEMPLOYMENT FROM INDEFINITE LAYOFF
General Rights
The rights described herein apply only to employees who had regular status prior to layoff. (See Policy 2: Definition of Terms.)
Priorities
Open positions are filled in the following order:
1. Employee within the department scheduled for indefinite layoff or reassignment (Policy 60C).
2. Employee with right to recall (Policy 60F1).
3. Employee with preference for reemployment (Policy 60F2).
If more than one person has preference for reemployment, the department shall select the person considered to be best qualified.
Reductions in Time
Rights to recall and preference for reemployment extend to career positions at the same percentage of time or less than the position held before the reduction in time. The total worked for multiple partial career positions may not exceed 100%.
Example:
If an employee's position is reduced from 100% to 50%, rights to recall and preference for reemployment extend to career positions up to 100%.
Right to Recall to Layoff Department
The department may not list any career vacancies for open recruitment until they have determined that no employee on recall status is qualified for the position.
Qualifications: Recall, Preference for Reemployment or Transfer
Qualifications include the job related requirements as established by the University for the classification, and those established by the department for the specific position (including the physical, environmental, and mental demands).
Documentation for non-selection under Policy 60 must be reviewed in advance with the Special Placement Coordinator. The department head or designee is responsible for notifying the candidate of the reasons for non-selection.
Reemployment at Another University Location
Human Resources will make information available about employment opportunities at other UC campuses.
Trial Employment
An employee who has preferential rehire and recall rights and is reemployed will serve up to a six month period of trial employment.
The department notifies the employee in writing of the length of the trial period (Word), or if a trial period has been waived (Word). Once established, a trial period cannot be extended.
The employee may be returned to layoff status at any time during the trial period (Word) at the discretion of the employee and/or the department head. The effective date of the return shall be mutually agreed upon after consultation with the Special Placement Coordinator.
Additional template letter: Trial Employment Period Completed (Word).
G. CONTINUATION OF RIGHT TO RECALL AND PREFERENCE FOR REEMPLOYMENT
If an employee has been returned to layoff status following a trial employment period (see Policy 60F3), the employee's rights to recall and preference for reemployment are extended for the period spent in the trial position.
H. TERMINATION OF RIGHT TO RECALL AND PREFERENCE
An employee's right to recall (defined in Policy 60F1) and preference for reemployment (defined in Policy 60F2) are contingent upon continued availability for job opportunities and cooperation during the referral process.
Rights to recall and preference for reemployment terminate when an employee fails to respond within seven calendar days of the written notice of an employment opportunity.
Unemployment Insurance benefits may be affected by refusals of job opportunities.
If an employee's rights to recall and preference for reemployment were terminated, the employee may submit a letter to the Employment Manager to request reinstatement of rights.
