Probationary Releases and Extensions
Probationary employees are at-will and may be released during probation. You are encouraged to contact Employee & Labor Relations (link to Service Now) as soon as you begin having concerns about a probationary employee. The decision to release an employee should be reviewed prior to the end of the probationary period with Employee & Labor Relations.
In some circumstances, the probationary period may be extended an additional three months. Probationary employees must be advised, in writing, of the reasons for the extension no later than seven calendar days before the six month probationary period ends. A decision to extend probation requires review and coordination with Employee & Labor Relations. You are encouraged to contact Employee & Labor Relations(link is external) as soon as you begin thinking about extending an employee’s probationary period but no later than two weeks before the end of probationary period. More information about managing the probationary employees, see the 'Performance Management' section on the left.
Termination for Cause
Career employees may be terminated at the conclusion of the progressive discipline process for failure to improve attendance, conduct and/or performance. Career employees may be terminated without previous disciplinary action due to serious misconduct. In any circumstance, termination of a career employee must be reviewed and approved in advance by Employee & Labor Relations. Contact Employee & Labor Relations through HR ServiceNow.
Termination of Employment Contracts
Contract employees are at-will and the terms for termination should be provided in the employment contract. A decision to release a contract employee prior to the normal termination date of a contract, or non-renewal of a long-term contract employee, should be reviewed in advance with Employee & Labor Relations. Contact Employee & Labor Relations through HR ServiceNow.
Termination of Managers & Senior Professionals (MSP)
Managers and senior professionals (MSP) holding career appointments in salary grades I through VII may be terminated when, in management's judgment, the needs or resources of a department or the performance or conduct of an employee do not justify the continuation of an employee's appointment. There are no layoff policy provisions for MSP’s. Please contact Employee & Labor Relations(link is external) for assistance in terminating or releasing a manager or senior professional.
Employees may be laid off from career positions based on a lack of work and/or lack of funds. Layoff may be permanent or temporary. Layoffs are generally determined by seniority order and should not, in most cases, be based on performance. Generally, employees need 60 days written notice before permanent layoff. Therefore, departments are encouraged to begin layoff planning at least 90 days in advance of the effective date. Department considering layoffs should review the applicable policies or collective bargaining agreements and consult with Employee & Labor Relations early in the planning process. More detailed information regarding layoff actions is available in the LAYOFF RESOURCES FOR MANAGERS section.
NOTE: MANAGEMENT IS REQUIRED TO CONTACT EMPLOYEE + LABOR RELATIONS PRIOR TO IMPLEMENTING A LAYOFF
FAQs / Layoffs
Accumulated sick leave will not be paid. If the laid-off employee has preferential rehire and recall rights and is re-employed during the preferential rehire period, all accumulated sick leave from prior service is reinstated upon rehire. If the employee does not have preference and recall and is re-employed after a break in service of less than 15 calendar days, all sick leave from prior service is reinstated. If the employee is re-employed after a break in service of 15 calendar days or more, but less than 6 months, up to 80 hours of sick leave are reinstated.
Any accumulated vacation earned through the last day of employment will be paid upon separation.
Yes. If a career employee’s time is involuntarily reduced, it is considered a layoff, and the employee is entitled to layoff rights.
Layoffs and/or reductions in time for employees in career positions are implemented when there is a lack of funds or lack of work, including lack of work due to reorganization.
Seniority for the purposes of a layoff is calculated by full-time equivalent months (or hours) of University service in any job classification or title. Employment prior to a break in service (separation from employment status) shall not be counted.
In some situations, less senior employees (determined by amount of service with the University) in the affected classification may be retained based upon special skills, knowledge or abilities that are not possessed by other employees in the same classification and that are necessary to maintain the operations of the department. Requests for out-of-seniority layoff must be reviewed and approved by Employee & Labor Relations.
In general, represented employees may elect either severance or right to recall and preferential rehire rights. Non-represented employees may elect right to recall and preference for re-employment in lieu of severance.
Contact the Employment Office at 805-893-4662, to determine what effect the election of severance will have on an employee’s right to recall and preferential rehire.
University employees are covered by unemployment insurance. Contact the California Employment Development Department for a determination of eligibility.
In most cases, an employee who has been laid off or indefinitely reduced in time shall be recalled in order of seniority into any active and vacant career position for which the employee is qualified, when the position is in the same class and the same department at the same or lesser percent of time as the position held at the time of layoff. Preference for re-employment is generally applicable to any active and vacant career position at the same campus, the same or lower salary grade, and at the same or lesser percent of time, provided the employee is qualified for the position.
Employees absent from work, without authorization, for more than a certain number of days (consult the applicable University policy or collective bargaining agreement), may trigger the job abandonment process. Employees may be terminated for job abandonment following the appropriate notification process. You must work closely with Employee & Labor Relations to evaluate the need for and decision to proceed with a job abandonment action. Contact Employee & Labor Relations through HR ServiceNow.
A regular status employee who becomes unable to perform essential functions of his or her position with or without reasonable accommodation, due to a disability, may be separated from University employment. Prior to medical separation, the University will engage in the interactive process in accordance with the applicable provisions of University policy or collective bargaining agreements. For more information, please refer to the Workplace Accommodations section.