Questions and Answers about Employment Rights and Benefits
- What are my rights in a layoff?
- What types of jobs does preferential rehire cover? Do they need to be at the same level, hours, salary, etc.?
- If I refuse a job offer, how will that affect my eligibility for recall and preferential rehire rights?
- How many jobs can I apply for under preferential rehire?
- If I accept a job off campus, do I still have preferential rehire rights?
- How does the recall process work?
- Is there a trial period for jobs I accept through recall or preferential rehire? Is this the same as the standard probationary period?
- Is there severance pay?
- Can I accept a temporary or limited position while I'm eligible for preferential rehire?
- How does the preferential rehire process work if several laid-off employees apply for the same position?
- Can I work on my resume and go to interviews during work time?
- If I apply for jobs on campus, can other departments see my personnel file?
- Where can I get information about how my benefits are affected by a layoff?
- Can I get unemployment insurance?
- What happens to my health and insurance benefits if I am laid off?
- Are support groups or individual counseling available through my medical plan?
- If I am eligible to retire, what steps should I take to maintain eligibility for health and dental insurance as a retiree?
- How will my retirement benefits be calculated if I accept a position at a lower compensation level?
What
are my rights in a layoff?
All
University employees have certain rights in relation to layoff,
unless they are Managers and Senior Professionals in Salary Grades
VIII and IX or in the Executive Management Program. Your rights
may vary depending upon the union contract or personnel policy that
governs your position. These rights may include preference for reemployment
and recall to the job from which you are laid off. You may be eligible
for severance pay. To learn what you are eligible for, read the
union contract or Personnel Policies for Staff Members that covers
your position, in the section(s) relating to layoff or reductions
in time. You can find these on the web at http://hrweb.berkeley.edu/hrpolicy.htm.
If you believe your layoff violates the union contract or personnel policy covering your position, you may file a grievance (under union contracts) or a complaint (under Personnel Policies for Staff Members). The grievance and complaint procedures are included in the union contracts and in Personnel Policies for Staff Members.
What
types of jobs does preferential rehire cover? Do they need to be
at the same level, hours, salary, etc.?
Preferential rehire covers any open, vacant position for which
you are qualified and which is at the same salary or lower salary range midpoint as your former position. If you are covered by a bargaining
unit, preferential rehire rights only apply to positions within
that bargaining unit.
If
I refuse a job offer, how will that affect my eligibility for recall
and preferential rehire rights?
Refusing
a job offer while you're on preferential rehire or recall status
may cause you to lose your preferential rehire and recall rights.
The number of refusals allowed varies by policy and union contract,
so you should check the contract or policy that governs your employment
for details. The recruiter in Employment Services will also give
you a layoff checklist that will include this information.
How
many jobs can I apply for under preferential rehire?
You
can apply for as many jobs as you wish, as long as they meet the
eligibility requirements for preferential rehire under the contract
or policies that govern your employment and as long as you meet
the qualifications of the job.
If
I accept a job off campus, do I still have preferential rehire rights?
If
you accept a job off campus, you can still exercise your preferential
rehire and recall rights during your eligibility period. Be sure
to verify your eligibility period with your recruiter in Employment
Services or your Department Personnel Manager.
How
does the recall process work?
If
the same position opens up at the same level as the one you formerly
held, a department representative will contact you. For that reason,
it is important to keep your contact information current with your
former department so they can contact you.
Is
there a trial period for jobs I accept through recall or preferential
rehire? Is this the same as the standard probationary period?
Trial
employment applies to preferential rehire, but not to recall. The
difference between trial employment and probation is that if you
are released during trial employment, you are placed back on layoff
status without any loss of time towards your preferential rehire
eligibility period.
Is
there severance pay?
You should refer to the appropriate contract or Personnel Policies
for Staff Members (PPSM) to determine your rights to severance pay
in a layoff. (See Policies
& Contracts for links.)
Can
I accept a temporary or limited position on campus while I'm eligible
for preferential rehire?
You
may be able to work in temporary assignments during this
period, depending on your skills, the type of assignments available,
and other eligibility criteria, based on current policies and contractual
agreements.
How
does the preferential rehire process work if several laid-off employees
apply for the same position?
If
several employees apply for the same position under preferential
rehire rights, the hiring department will review the resumes in
the order in which they were received.
Can
I work on my resume and go to interviews during work time?
PPSM
and many of the labor agreements (CUE, UPTE Research, UPTE Technical,
AFSCME) provide for reasonable release time with pay for job interviews
on campus (and comparable time for interviews on other campuses).
Paid release time is provided for you to meet with a campus Employment
Analyst to work on your job search efforts (including resume preparation).
Talk to your supervisor about the possibility of working on your
resume or doing other job search activities that are not disruptive
during work time.
If
I apply for jobs on campus, can other departments see my personnel
file?
Yes.
Campus departments may review your personnel file before making
a selection. It's a good idea to request a review of your personnel
file so you'll know what is in it, so you can be better prepared
for job interviews. You want to be able to give your perspective
on anything that is in your personnel file, since the department
may not review your personnel file until after the interview.
Where
can I get information about how my benefits are affected by a layoff?
The
Indefinite Layoff Benefits Checklist
and Benefits Checklist Supplement, provide
full information about how benefits are affected when an employee
is laid off.
Can
I get Unemployment Insurance?
Generally,
you are eligible for unemployment insurance if you are laid off.
However, if you choose to retire, you may NOT qualify. Note:
You may not be eligible for Unemployment Insurance if you chose
to be laid off or if you did not exercise your employment seniority
rights. Contact your local Employee Development Department
(EDD) or look on the web at http://www.edd.ca.gov
to file a claim and locate Unemployment Insurance benefits
information.
The EDD Unemployment Insurance booklet is located on the EDD website as follows:
- Go to http://www.edd.ca.gov
- Click
on Forms & Publications in the left column under General
Information.
- Find
Unemployment Insurance Publications and click on Forms
and Publications in this section.
- Scroll down to the DE2320 publication, For Your Benefit-California's Programs for the Unemployed, available in English, Spanish, Chinese, and Vietnamese.
What
happens to my health and insurance benefits if I am laid off?
Some
benefits can be continued through the Consolidated Omnibus Reconciliation
Act (COBRA). You and/or your eligible family members may be eligible
to continue your UC-sponsored medical, dental, vision, and Health
Care Flexible Spending
Account (Health FSA) through COBRA continuation. You can find more information about COBRA here: http://hrweb.berkeley.edu/benefits/cobra.htm. Note: All payments under COBRA, including
those for the Health FSA, are with after-tax dollars; you must
apply within 60 days of receiving a COBRA notice or your layoff
date, whichever is later.
Some
coverage can be maintained for four months by paying premiums, and
then converted: You may continue your Supplemental Life, Dependent
Life, Accidental Death, and Dismemberment for up to four months
after the month your layoff begins. To make arrangements, contact Angela Dizon (adizon@berkeley.edu or 642-0684) in the Central Payroll Office.
.
Some coverage can be converted: You may convert your Basic Life, Supplemental Life, and/or Dependent Life (each plan converts from group life to an individual policy) within 31 days of your coverage end date without proof of insurability. For more information, contact the Prudential Life Insurance Conversion Office at 1-877-889-2070, 9:00 am to 5:00 pm, EST.
Some coverage stops: Group disability insurance, Business Travel Accident, and Workers' Compensation end on your last day actively at work.
Are
support groups or individual counseling available through my medical
plan?
UC's
health plans do have mental health coverage. For more information
on how to access this coverage, contact your health plan directly
or go to CARE
Services, who can assist you with a referral.
If
I am eligible to retire, what steps should I take to maintain eligibility
for health and dental insurance as a retiree?
If
you meet eligibility requirements, (a University of California Plan
member who is age 50 or more with 5 years or more of retirement
service credit or a member of a reciprocal retirement plan) the
University may continue to contribute toward the cost of your University-sponsored
medical and dental coverage when you retire from the University.
To be eligible, you must begin receiving monthly retirement income
within 120 days of your separation from employment (your coverage
in the medical and dental plan must be uninterrupted during this
period). Your eligibility for this benefit also depends on the date
you were hired and your years of service credit in UCRP or other
retirement plan to which the University contributes. For more information,
see the Retirement Handbook available from your Department Benefits
Counselor or download
the PDF.
How
will my retirement benefits be calculated if I accept a position
at a lower compensation level?
The
UCRP retirement calculation is based on your age and total service
credit at time of retirement and your highest average plan compensation
(HAPC), the full-time salary rate over any consecutive 36-month
period. Therefore, accepting an appointment at a lower compensation
level will not reduce your HAPC.