SX Letter #1: Indefinite Layoff (Word)

Labor Relations

• The following material provides key information regarding Article 13, Layoff and Reduction in Time in the UC-AFSCME Agreement covering Service 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.

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  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.

  Definition of Seniority

  • Determined by the employee’s most recent date of hire into a career position regardless of the percentage of appointment
  • Employees hired on the same date are laid off in alphabetical order.

  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 that cannot be learned in less than six (6) months and are necessary to perform the functions of the job.

  When The Decision To Layoff Is Made

  • Complete Attachment A, Information Regarding Layoffs  (Word), and forward to your Employee Relations Consultant.

  Notice Of A Layoff

  • A letter noticing the employee of the effective date of the indefinite layoff must be sent to the employee and AFSCME.
  • Thirty calendar (30) days advance notice of a layoff should be given, if feasible; however, up to 30 days of the 30-day period may be pay in lieu of notice.
  • Forty-five (45) days notice must be given to AFSCME if five (5) or more FTE in the same layoff unit are scheduled to be laid off on the same effective date.

  Model Letters

  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	recall and preferential rehire or severance	Letter No. 1
  indefinite reduction in hours of work	recall and preferential rehire	Letter No. 2
  transfer from career to non-career position	recall and preferential rehire	Letter No. 3

  Recall and Preferential Rehire Eligibility

  Years of Service	Recall	Preference
  Less than 5 years	3 years	1 year
  Five or more but less than 10 years	3 years	2 years
  10 or more years	3 years	3 years

  Severance

  • Calculated on University service
  • Employees have 14 calendar days to elect severance.
  • The amount of severance is calculated on the percentage of appointment.
  • Employees whose time was reduced during the 60 calendar days prior to the indefinite layoff are eligible for severance based on their percentage of employment prior to the reduction in time.

  Severance Calculations

  less than 5 years service	2 weeks or 10 days
  5 or more years service	5 weeks, plus one-week severance for each additional year of service up to a maximum of sixteen (16) weeks

  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

  • Proof of Service Forms and instructions
  • Unemployment Insurance Booklet
  • Transition Services Program flyer  (PDF)

  Send copies of Layoff Letters and Option Election Forms to AFSCME with a Proof of Service Form

  • AFSCME's address