PERSONNEL PROCEDURES FOR UC IRVINE STAFF MEMBERS
Procedure 60: Layoff and Reduction in Time from Professional and Support Staff Career Positions
Responsible Office: Human Resources
Revised: February 2012
Personnel Policies for Staff Members
- Policy 20, Recruitment
- Policy 21, Appointment
- Policy 60, Layoff and Reduction in Time from Professional and Support Staff Career Positions
- Policy 70, Complaint Resolution
B. Authority and Responsibility
The Assistant Vice Chancellor, Human Resources, is responsible for developing implementation procedures for Policy 60. Departments must consult with Human Resources prior to taking any indefinite layoff or reduction in time action. Human Resources will confirm that the planned action is appropriate and in accordance with the definitions and standards stated in the Designation of Departments for the Purpose of Layoff, University of California, Irvine. This document can be obtained upon request from Employee/Labor Relations.
C. Indefinite Layoff or Reduction in Time
- Identify essential functions or services that will be discontinued or reassigned in the affected area(s).
- Determine the title code(s) for the function(s) and position classification(s) to be eliminated or indefinitely reduced.
- Define the special skills, knowledge and abilities required to perform the functions of all remaining positions regardless of funding source.
- Contact Payroll to request a layoff unit report for each affected position classification (title code). The report from Payroll will list employees by seniority, calculated by hours on pay status. Employment prior to a break in service will not be counted.
- Normally, limited and casual/restricted employees are separated before career employees. However, departments may review limited and casual/restricted positions to determine whether any may be retained on the basis of special skills or knowledge. Consult with Human Resources when limited or casual/restricted positions are retained.
- Identify employees for layoff in accordance with Policy 60.
- Review the records of every employee in the affected position classification to ensure the following has been documented:
- Seniority – the number of full time equivalent hours of total University service in any job classification since the most recent break in service.
- Special Skills – the employee's special skills, knowledge and abilities required to perform remaining essential functions or services. Use written records such as applications for employment, job descriptions, resumes, performance evaluations, previous records, and reports.
- Job Performance – an assessment of performance based on written documentation, such as performance evaluations and disciplinary records.
- If the department has active, vacant positions at the same salary grade, employees under consideration for layoff should be assigned to these positions if they meet the minimum qualifications.
- Provide written notice to employees designated for indefinite layoff or reduction in time at least 30 calendar days prior to the effective date (see Notice of Indefinite Layoff and Notice of Layoff - Reduction in Time). If less than 30 calendar days notice is given, the employee will receive pay in lieu of notice for each additional day the employee would have been on pay status had 30 days notice been given.
- Include with the written notice of layoff, a copy of Policy 60 and a copy of the Severance Election form, if applicable.
- Send a copy of the Notice of Indefinite Layoff or Notice of Layoff - Reduction in Time to Human Resources.
D. Severance Pay Option
A regular status employee who has been laid off indefinitely or whose time has been reduced indefinitely will have the option of severance pay in lieu of preference for reemployment and the right to recall.
- This option will be offered to the employee in the Notice of Indefinite Layoff or Notice of Layoff - Reduction in Time.
- The notice will indicate the number of workdays or weeks of base pay the employee will be eligible to receive.
- Departments may contact Human Resources for assistance in determining this information.
- The employee selecting the severance option must send the completed Severance Election form to the Layoff Coordinator in Human Resources and notify their department of the election as soon as possible and no later than fourteen days from the date of the notice of layoff.
- Once notified, the department will contact Payroll to process the severance payment.
- The employee will receive their severance payment on their last day worked.
E. Reemployment from Indefinite Layoff
- Right to Recall
- If an opening occurs in the department in the same classification, the same salary grade (in the event of a classification assigned to different salary grades), at the same or lesser percentage of time, and within three years from the date of layoff, the department will determine whether a laid off employee meets minimum qualifications for the position and, if so, recall the employee.
- If the employee does not meet minimum qualifications, the reasons must be documented and sent to the Human Resources consultant for review.
- Preference for Reemployment
- A regular status employee who has been separated or given written notice of indefinite layoff or reduction in time will have preference for reemployment effective the date of the layoff notice. Time from the date of notice to the date of layoff is included in the total calculated year(s) of service used to determine preference for reemployment.
- Human Resources will:
- 1) Send departments the applications and resumes of employees on preferential rehire status who have applied for positions at the same salary grade or lower and at the same or lesser percentage of time, and for which they appear to meet the minimum qualifications.
- 2) Inform employees of the consequences of refusing offers of employment for career positions at the same or higher salary level and at the same percentage of time.
- 3) Maintain a record of refusals in its layoff log.
- 4) Following two refusals of offers of employment, notify an employee in writing that the rights to recall and preference for reemployment have been terminated.
- Hiring Department Responsibility
Prior to interviewing non-preferential candidates, departments must:
- Consider all applicants on preferential rehire status.
- Notify Human Resources in writing of the reasons for not selecting a preferential rehire candidate. The reasons will be based on the skills, knowledge, and abilities required to perform the essential functions of the position.
- Trial Employment
- Departments may, with advanced written notification, require an employee who is recalled or rehired under preference for reemployment to serve a trial employment period of up to six months.
- An employee may at any time during the trial employment period return to layoff status at the employee's or the department's discretion. If the department decides to return the employee to layoff status, the notification to the employee must be in writing (Return to Layoff Status Letter), and a copy of the notice sent to Human Resources.
- Time spent in trial employment will not count against the period of eligibility for recall or preferential rehire (see Policy 60, III.F.3.).
- Reemployment Strategies
Information on reemployment strategies may be obtained from Human Resources.
F. Rights to Appeal
Pursuant to Policy 70, Complaint Resolution, professional and support staff career employees may appeal a layoff action; however, they may appeal to Step III of Policy 70 only matters pertaining to notice, order of layoff, recall, or preference for reemployment.
Professional and Support Staff, except employees who are in a bargaining unit that has an exclusive representative (union) and are covered by the applicable provisions of the collective bargaining agreement.