University of California, Berkeley

Transition Services Program (PDF)

Transition Services Program  (PDF)

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Labor Relations

  • The following material provides key information regarding Article 16, Layoff and Reduction in Time in the UC-UPTE Agreement covering Research Support Professional Unit employees. The Article covers temporary and indefinite layoffs and reductions in time.

    Please remember to read the contract article in its entirety when you are considering a layoff or reduction in time. Remember to contact your Department Human Resources Manager or Employee Relations Consultant as soon as you believe a layoff may be necessary.

    [collapse all]  [expand all]

    Click on the appropriate item for more information.

    Temporary Layoffs

    A temporary layoff is a layoff in which the University specifies a date for return to work of not more than 4 months (120 calendar days). Temporary reduction in time is an action whereby the employee's appointment rate is reduced for a period of not more than 4 months (120 calendar days).

    Seniority does not apply in the selection of employees chosen for a temporary layoff. Employees who are subject to a temporary layoff do not have preferential rehire rights or recall rights, and do not have the option to receive severance pay.

    Please use the temporary layoff model letter  (Word) or temporary reduction in time model letter  (Word) to provide notice to employees. Please be sure to review the explanatory notes that follow each model letter for details about notice requirements, benefits, return to work considerations, attachments and other important information.

    Indefinite Layoffs

    Click on any of the following items for more information.
    Deciding Who To Layoff
    • Employees are laid off in inverse order of seniority.
    • You may retain a less senior employee on the basis of special skills.
    When The Decision To Layoff Is Made
    Notice Of A Layoff
    • A letter noticing the employee of the effective date of the layoff must be sent to the employee and UPTE.
    • If you are going to do an out-of-seniority layoff, you must notify UPTE, in writing, prior to the layoff date stating the special knowledge, skills and abilities that support the retention of the less senior employee.
    • Sixty (60) days advance notice of a layoff should be given, if feasible.
    • Thirty (30) days minimum advance notice must be given; however, up to 30 days of the 30-day period may be pay in lieu of notice.
    Model Letters
    Type Of Layoff Action Entitlement Model Layoff Letters
    indefinite layoff—less than five years of service severance OR 1 year recall and preferential rehire Letter No. 1
    indefinite layoff—5 or more years of service severance OR reduced severance with recall and preferential rehire Letter No. 2
    indefinite reduction in appointment rate or reassignment to partial-year position Severance proportional to reduction in time OR recall and preferential rehire Letter No. 3
    Years of Eligibility for Recall and Preferential Rehire
    Years of Service Recall Preference
    Less than 5 years 1 year 1 year
    Five years up to 10 years 2 years 2 years
    10 or more years 3 years 3 years
    Severance-Rights and Responsibilities
    • Employees are given 14 calendar days to elect severance. The decision to elect severance is irrevocable during the term of the contract.
    • The department must notify UPTE of the employee's election of severance or reduced severance.
    Severance Only Calculations
    • One week of salary (5 work days based on 8 hour days) for each year of service from the most recent break in service up to a maximum of 16 weeks.
    • For reduction in time, the amount of severance is prorated based upon the percentage of the reduction in the employee's appointment.
    Reduced Severance - (with Recall and Preference) - Use this Chart to Calculate Severance
    Less than 5 years service Not eligible for this option
    5 or more years service 4 weeks severance based on an 8 hour day
    13 or more years service 8 weeks severance based on an 8 hour day
    Severance Payback
    • All employees rehired to a career position before the expiration of the number of weeks for which the employee has received severance payments are required to pay back the remaining severance amounts as a condition of employment. [Contact Labor Relations for instructions as soon as the decision to rehire is made.]
    • The repayment will be on a proportional basis if the position to which the employee is rehired is at a different percentage than the original appointment
    Attachments to Layoff Letter
    Send copies of Layoff Letters and Option Election Forms to UPTE with a Proof of Service Form

Employee Relations

  • The following material provides key information regarding Policy 60, Layoff and Reduction in Time from Professional and Support Career Positions July 1, 2003 covering non-represented employees. Please remember to read this entire policy as well as the Berkeley Campus Implementing Procedures Policy 60, which supplements Policy 60 when you are considering a layoff or reduction in time. Remember to contact your Department Human Resources Manager and Employee Relations Consultant as soon as you believe a layoff may be necessary.

    [collapse all]  [expand all]

    Click on the appropriate item for more information.

    Deciding Who to Layoff (Indefinite Layoff, or Indefinite Reduction in Time Layoff

    • Employees are laid off in inverse order of seniority.
    • In limited circumstances, you may retain a less senior employee on the basis of special skills, knowledge or abilities that are not possessed by other employees in the same classification and same salary grade (in the event of a classification assigned to different salary grades), and which are necessary to maintain the operations of the department. You must be prepared to defend an out-of-seniority layoff.
    • You should minimize indefinite layoffs from career positions by first reviewing the necessity for existing limited or casual/restricted positions within the layoff unit. When an employee as been given notice of an indefinite layoff and a vacancy exists in an active career position in that employee's unit at the same classification and salary grade as the employee's current position, reassign the employee to that position, provided the employee is qualified to perform the duties of the position, or could acquire the qualifications following a reasonable period of training.
    • 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 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.
    • The employee may request to be laid off out of seniority. The request from the employee should be in writing.

    When the Decision to Layoff (Indefinite Layoff, or Indefinite Reduction in Time Layoff) is Made

    Notice of Indefinite Layoff, or Indefinite Reduction in Time Layoff

    • A letter noticing the employee of the effective date of the layoff must be sent to the employee.
    • Thirty (30) calendar days advance notice of an indefinite layoff or indefinite reduction in time must be given, or shall receive pay in lieu of notice.

    Severance (Indefinite Layoff, or Indefinite Reduction in Time Layoff)

    • Employees have 14 calendar days to elect severance.
    • One week of severance (5 workdays) for each full year of service from the most recent break in service up to a maximum 16 weeks of base pay.
    • If an indefinite reduction in time, the amount of severance is for the percentage of time reduced for eligible number of weeks.
    • Calculations of severance pay must be considered during the planning of a layoff.

    Severance Payback

    • An employee who has received severance pay and returns to work in a career position 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 if severance pay received that is in excess of the time the employee was on layoff status. [Contact Labor Relations for instructions as soon as the decision to rehire is made.]

    Temporary Layoff or Temporary Reduction in Time

    • A temporary layoff or a temporary reduction in time shall not exceed four (4) calendar months.
    • Whenever possible, a written notice of temporary layoff or temporary reduction in time shall be given to the employee at least thirty (30) calendar days before the effective date. The notice should include a return to work date.
    • Seniority (or classification) does not apply in the selection for temporary layoff or temporary reduction in time.
    • The employee does not have preference or recall rights. There is no severance option.

    The following chart shows an employee's rights by type of layoff action. The model letters shown on the chart can be found on this website.

    TYPE OF LAYOFF ACTION ENTITLEMENT Model Layoff Letters
    Indefinite layoff severance OR recall and preferential rehire Model Letter 1
    Indefinite layoff reduction in time severance OR recall and preferential rehire Model Letter 2
    Temporary layoff   Model Letter 3
    Temporary reduction in time layoff   Model Letter 4

    Attachments to Layoff Letter