HX Letter #2: Indefinite Layoff, 5 or more years' Seniority (Word)

Labor Relations

• The following material provides key information regarding Article 16, Layoff and Reduction in Time in the UC-UPTE Agreement covering Health Care 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.

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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.

  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

  • 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 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 transfer from career to non-career position	recall and preferential rehire (no serverance option)	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

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

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

  • UPTE's address