Policy

Local PPSM Policy 60 Layoff and Reduction in Time

B. SCOPE

  1. Indefinite layoff and indefinite reduction in time.
  2. Temporary layoff and temporary reduction in time.

C. RESPONSIBILITY

  1. The director of Human Resources is responsible for administering these procedures including designation of layoff units, in consultation with the associate vice chancellor of Administrative Services.
  2. Department heads are responsible for determining when layoffs are necessary due to lack of funds or lack of work, including lack of work due to reorganization.
  3. Department heads are required to consult with the applicable control point and Employee & Labor Relations prior to implementing an action covered by UC PPSM 60 and these procedures.

D. PROCEDURES — TEMPORARY LAYOFF OR REDUCTION IN TIME

A decision to temporarily layoff or reduce the time of employees must be reviewed by the manager of Employee & Labor Relations and approved in consultation with the applicable control point. The department head will provide written notice to regular status professional and support employees fifteen (15) calendar days prior to their effective date of temporary layoff or reduction in time.

E. PROCEDURES — INDEFINITE LAYOFF OR REDUCTION IN TIME

Determining Order of Layoff or Reduction In Time. When determining the order of layoff or reduction in time, department heads will consider skills, knowledge and abilities necessary for the department to carry out its functions, documented performance, and length of service. Employees with greater seniority will be given priority for retention when skills, knowledge and abilities are equivalent and they are performing equally.

  1. Documented Performance. Department heads may consider written performance evaluations and any documented corrective action or progressive disciplinary actions that are part of the employee’s official personnel record.  Satisfactory performance will be presumed in the absence of a written performance evaluation.
  2. Seniority Calculation Seniority is calculated on the basis of an employee’s full-time-equivalent months (or hours) of total service. Employment prior to a break in service will not be counted. Employees are responsible for self-reporting to their department any prior service at another University of California location, campus, medical center or national laboratory.
  3. Waiver of Seniority. An employee may choose to waive seniority in order to be designated for layoff, subject to approval by the department head. The employee’s request must be made in writing to the department head.
  4. Review and Approval. A decision to lay off employees must be reviewed by the manager of Employee & Labor Relations and approved in consultation with the applicable control point.
  5. Notice. A department head must provide the employee at least 30 calendar days’ advance written notice prior to indefinite layoff or indefinite reduction in time. A department head may provide notice up to 60 days in advance, where feasible.

F. RIGHTS TO SEVERANCE OR RECALL AND PREFERENCE FOR REEMPLOYMENT

A regular status employee who is subject to indefinite layoff or indefinite reduction in time may elect right to recall and preference for reemployment, in lieu of severance pay, in accordance with UC PPSM Policy 60. An employee must elect recall and preference for reemployment rights within fourteen (14) calendar days of receiving a notice of layoff or reduction in time. In the event an employee does not make an election within fourteen (14) calendar days, the employee shall receive severance pay. UC PPSM 60 governs severance calculation and the terms of repayment.

G. RECALL AND PREFERENCE FOR REEMPLOYMENT

Where an employee subject to indefinite layoff or reduction in time has elected right to recall and preference for reemployment, in lieu of severance, the following provisions will apply:

  1. Right to Recall. A regular status employee who has been indefinitely laid off or whose time has been reduced indefinitely may be recalled into employment when an active and vacant career position opens for which the employee is qualified and the position is in the same department, in the same classification and at the same or lesser percentage of time as the position the employee held at the time of layoff.
    1. A regular status employee will have the right to recall for three years from the effective date of the layoff.
    2. Prior to advertising or posting a career vacancy, the department is to verify with Human Resources that no employee has recall rights to the vacant position. Human Resources will coordinate the reemployment process with the department and the recalled employee
  2. Preference for Reemployment. A regular status employee who has been indefinitely laid off or whose time has been reduced indefinitely may receive preferential consideration for any active and vacant career position when the position is at the same campus, at the same or lower salary grade, and at the same or lesser percentage of time, provided the employee is qualified to perform the duties and responsibilities assigned to the position.
    1. The employee’s preference for reemployment begins as of the date of the notice of layoff.
    2. A regular status employee’s eligibility for preference for reemployment will continue for one to three years, based on years of seniority, in accordance with UC PPSM 60.
  3. Non-Selection. If an employee eligible for recall or preference for reemployment is not selected for the position after the department head considers the employee’s relevant skills, knowledge and abilities, documented performance and length of service, the department head is to provide the reasons for non-selection in writing to the Director of Human Resources.
  4. Trial Employment. Employees who are re-employed on the basis of recall or preference for reemployment shall, upon written notice, serve a trial employment period of six (6) months. An employee who is returned to layoff status at management’s discretion shall be given written notice of the effective date of the return to layoff status.& A department head must consult with Human Resources prior to returning an employee to layoff status during trial employment.
  5. Termination of Right to Recall and Preference for Reemployment. An employee’s right to recall and preference for reemployment will terminate in accordance with UC PPSM 60.