SEPARATION ACTIONS Procedure 60: Layoff and Reduction in Time from Professional and Support Staff
Career Positions
Responsible Office: Human Resources Revised: September 2008
A. References
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
The Assistant Vice Chancellor, Human Resources, and the Assistant Medical
Center Director - Director, Human Resources are responsible for developing
implementation procedures for Policy
60.
The term "department head," for purposes of this procedure only,
is defined by Human Resources in their document Designation of Departments
for the Purpose of Layoff, University of California, Irvine.
C. Guidelines
Departments must consult with Human Resources and the Office of Equal Opportunity
and Diversity prior to taking any action. In accordance with the Designation
of Departments for the Purpose of Layoff, University of California, Irvine,
the department head shall:
Identify essential functions or services to be continued in the affected
area(s).
Determine the number of positions required to perform essential functions
or services.
Determine if job descriptions and classification reviews are required.
Define any special skills, knowledge and abilities required to perform
the functions of all remaining positions regardless of funding source.
Review limited and casual/restricted positions to determine whether any
may be retained on the basis of special skills or knowledge. Normally, limited
and casual/restricted employees are separated before career employees.
Determine if the employee will elect severance pay, in lieu of preference
for remployment and the right to recall (see F. Severance
Pay).
D. Layoff Procedures
The department head shall:
Determine the function(s) and position classification (s) by title code(s)
to be eliminated or indefinitely reduced.
Contact the Compensation Unit in Human Resources and request a list of
employees in the layoff unit within each affected position classification
(title code), in seniority order calculated by hours on pay status. Employment
prior to a break in service shall not be counted.
Select for layoff the employee(s) with the least seniority, in accordance
with Policy 60.
When retaining employees irrespective of seniority, document the employees'
special skills, knowledge, or abilities required to perform remaining essential
functions or services. Use written records such as applications for employment,
job descriptions, performance evaluations, previous records, and/or reports.
Reassign employees, who have been givn notice of indefinite layoff, to
active vacant career positions within the department which have the same salary
grade, provided that the employees meet the minimum qualifications for the
positions.
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 fewer than 30 calendar days notice is
given, the employee shall receive pay in lieu of notice for each additional
day the employee would have been on pay status had 30 days' notice been given.
E. Reemployment from Indefinite Layoff - Procedures
Right to Recall
If an opening occurs in the department in the same classification,
the same salary grade (in the event a classification may be assigned to
different salary grades), at the same or lesser percentage of time, and
within three years from the date of layoff, the department head shall determine
if 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 shall have preference
for reemployment effective upon the date of the layoff notice. The amount
of time from the notice to the date of layoff is included in the total
year(s) of eligibility for preference, calculated by years of service
(see Policy 60,
F).
Human Resources shall:
1) Refer to department heads the resumes of employees on preferential rehire
status for consideration for positions at the same salary grade or lower and
at the same or lesser percentage of time, for which they apply and appear
to meet the minimum qualifications.
2) Inform the employee 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 on the Human Resources Layoff Log.
4) Subsequent to two refusals of offers of employment, provide to
the employee written notification that the rights to recall and preference
for reemployment have been terminated.
Hiring Department Responsibility
Prior to interviewing non-preferential candidates, department heads will:
Consider all applicants on preferential rehire status.
Provide written notification to Human Resources of the reasons
for nonselection of a preferential rehire candidate. This notification
will be based on the skills, knowledge, and abilities required to perform
the essential functions of the position.
Trial Employment
An employee who is reemployed during the period of preference
for reemployment may, upon prior written notification, serve a six-month
peiod of trial employment. Departments must give employees rehired during
the period of preference advance writen notice of trial employment.
An employee may at any time during the trial employment period
return to layoff status at the employee's and/or the department head's discretion.
If the department head decides to return the employee to layoff status,
the notification to the employee must be in writing (Return to Layoff Status Letter). A copy of the notice should be sent to Human Resources.
The periods during which a regular status employee is on
trial employment shall not be deducted from that employee's total eligibility
for preference or recall (see Policy
60, F).
A regular status employee who has been laid off indefinitely or whose time
has been reduced indefinitely shall have the option of severance pay in lieu
of preference for reemployment and the right to recall.
The Notice shall indicate the number of weeks or workdays of base pay the
employee will be eligible to receive.
Departments should contact the Compensation Unit in Human Resources for
assistance in determining this information.
The employee selecting the severance option should notify their department
in wrting as soon as possible or no later than fourteen days from the date
of the Notice of Layoff.
Once notified, the department shall contact Payroll to process the severance
payment.
The employee shall receive their severance payment on their last day worked.
G. Reemployment Strategies
Information on re-employment strategies can be obtained from Human Resources.
H. 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.
I. Applicability
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.