Questions:

1. Is it possible to move an employee who has been identified for layoff to an open provision in my unit or within my division?
   
   
2. Is it possible to request a layoff out of seniority order based upon special skills, knowledge or abilities required for the position?
   
   
3. Who signs the layoff letter and provides it to the employee?
   
   
4. What is SHR’s recommendation regarding the use of pay in lieu of notice?
   
   
5. Are students laid off? Is it appropriate to keep student employees?
   
   
6. Are limited employees laid off? Is it appropriate to keep limited employees?
   
   
7. Are Managers and Senior Professional (MSP) employees subject to the layoff policy?
   
   
8. When is it appropriate to utilize temporary staffing services?
   
   
9. What kind of assistance is provided to staff employees who are laid off?
   
   
10. How is seniority calculated and how is it used in determining who is to be laid off?
    
    
11. To understand the financial impact, if my employee chooses severance rather than preferential rehire, how is severance pay calculated?
    
    
12. Can an individual volunteer to be laid off “out of sequence”?
    
    
13. How can I begin preparing to get a clear understanding of the overall staffing picture for my unit?
    
    
14. If staff are laid off, how do I maintain morale?
    
    
15. Can I subcontract work and subsequently layoff employees in the unit to meet my department’s budget cuts?
    
    
16. Can I effectuate a mandatory closure of my department for a short period of time, say for 2 weeks?
    
    
17. How do I determine who should be laid off?
    
    
18. Can I consider performance and conduct when determining which employee to lay off?
    
    
19. When do preferential rehire rights begin?
    
    
20. Does an individual’s preferential rehire rights and/or recall rights terminate if the individual accepts a limited appointment with the University?
    
    
21. If an individual returns under preferential rehire rights and/or recall rights, do they serve a new probationary period or trial employment?

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Questions with Answers:

1. Is it possible to move an employee who has been identified for layoff to an open provision in my unit or within my division? [Top of Page]
   
   
   • In PPSM, the department shall give regular status employees preferential opportunities for reassignment or transfer prior to layoff.
   • For represented employees, the department may give regular status employees preferential opportunities for reassignment or transfer prior to layoff.
   • Transfer or reassignment is normally within the same department.
   • The Principal Officer may approve a transfer or reassignment within their respective division.
     
     
2. Is it possible to request a layoff out of seniority order based upon special skills, knowledge or abilities required for the position? [Top of Page]
   
   
   • The department may retain employees irrespective of seniority who possess special skills, knowledge or abilities, which are necessary to perform the ongoing functions of the department.
   • The special skills argument should be used only in those instances where the essential functions of the job cannot be learned within a reasonable period of time (e.g., six months).
   • A “special skills” exception will be closely reviewed by Staff Human Resources.
     
     
3. Who signs the layoff letter and provides it to the employee? [Top of Page]
   
   
   • The department head or supervisor depending upon authority or departmental protocol will sign and provide the layoff letter to the employee.
     
     
4. What is SHR’s recommendation regarding the use of pay in lieu of notice? [Top of Page]
   
   
   • Advance notice should be given whenever possible.
   • Circumstances involving security or other risks may justify the use of pay in lieu of notice.
   • Early consultation with Staff Human Resources is advised.
     
     
5. Are students laid off? Is it appropriate to keep student employees? [Top of Page]
   • Students with non-academic titles (casual restricted appointments) are not subject to the Layoff Policy but may be released from employment under the provisions of PPSM 61-Release During the Probationary Period or From Limited, Casual/Restricted, and Floater Appointments.
   • In general, students should be released prior to the layoff of a career employee.
     
     
6. Are limited employees laid off? Is it appropriate to keep limited employees? [Top of Page]
   
   • Limited employees are not subject to the Layoff Policy but may be released from employment under the provisions of PPSM 61-Release During the Probationary Period or From Limited, Casual/Restricted, and Floater Appointments.
   • In general, limited employees should be released prior to the layoff of a career employee.
     
     
7. Are Managers and Senior Professional (MSP) employees subject to the layoff policy? [Top of Page]
   
   • MSP employees are not subject to the Layoff Policy, but can be terminated when the needs or resources of a department do not justify continuation of the appointment (Personnel Policy 65).
     
     
8. When is it appropriate to utilize temporary staffing services? [Top of Page]
   
   • It may be appropriate to utilize temporary staffing services for very short term projects or assignments where recruitment or reassignment is not a viable option.
     
     
9. What kind of assistance is provided to staff employees who are laid off? [Top of Page]
   
   • Job-Layoff Resource Packets will be available to employees who receive a layoff notice.
   • There are also a variety of free career resources in Santa Cruz and the surrounding area.
   • The UC Employee Assistance Program (EAP) is available for 6 months to employees who may be indefinitely laid off.
     
     
10. How is seniority calculated and how is it used in determining who is to be laid off? [Top of Page]
    
    • Last person hired may not hold the least seniority.
    • Normally, seniority is calculated by full-time equivalent months of University service in any job classification.
    • Refer to the appropriate bargaining agreement or personnel policy for further information.
      
      
11. To understand the financial impact, if my employee chooses severance rather than preferential rehire, how is severance pay calculated? [Top of Page]
    
    • Severance pay is calculated based upon one week for each full year of service up to a maximum of sixteen weeks.
    • Refer to the appropriate bargaining agreement or personnel policy for further information.
      
      
12. Can an individual volunteer to be laid off “out of sequence”? [Top of Page]
    
    • An individual may volunteer to be “laid off” out of sequence; however, because this is a voluntary action, layoff provisions would not apply to the separation.
      
      
13. How can I begin preparing to get a clear understanding of the overall staffing picture for my unit? [Top of Page]
    
    • You can prepare by updating your organization charts, pulling staffing lists and budgets, utilize the matrix of labor and personnel program information and meet with your Senior Human Resources Partner.
      
      
14. If staff are laid off, how do I maintain morale? [Top of Page]
    
    • Provide constant, open and empathic communication to your employees throughout the layoff process to promote trust, morale and productivity.
    • Provide updates with accurate information, which helps dispel rumors or inaccurate information.
      
      
15. Can I subcontract work and subsequently layoff employees in the unit to meet my department’s budget cuts? [Top of Page]
    
    • There are specific University guidelines and union contract provisions that dictate the circumstances under which the University may subcontract work.
    • If a represented employee is laid off as a result of subcontracting, the campus must find another position for the employee at the same salary rate and percent time.
      
      
16. Can I effectuate a mandatory closure of my department for a short period of time, say for 2 weeks? [Top of Page]
    
    • Yes, departments can create curtailments periods.
    • Departments contemplating curtailment period should seek the approval of their Principal Officer prior to implementing a curtailment period.
    • As employees are entitled to use vacation leave during a curtailment period, actual cost savings may be minimal.
      
      
17. How do I determine who should be laid off? [Top of Page]
    
    • The unit head, in consultation with Staff Human Resources, should develop a business plan based on budgetary parameters and financial constraints, departmental goals, operational needs and staffing requirements.
    • Functions are identified for elimination/reorganization, and classifications are identified for layoff.
    • If more than one employee in a layoff unit occupies the classification identified for layoff, the employee with the least seniority is laid off.
      
      
18. Can I consider performance and conduct when determining which employee to lay off? [Top of Page]
    
    • No. Layoffs are justified on the basis of lack of work and lack of funds.
      
      
19. When do preferential rehire rights begin? [Top of Page]
    
    • Once the employee receives the layoff notice.
      
      
20. Does an individual’s preferential rehire rights and/or recall rights terminate if the individual accepts a limited appointment with the University? [Top of Page]
    
    • No.
      
      
21. If an individual returns under preferential rehire rights and/or recall rights, do they serve a new probationary period or trial employment? [Top of Page]
    
    • There is no new probationary period; however there are provisions that employees who are rehired or reassigned under preference for reemployment may, upon prior written notification, be required to serve a trial employment period of up to six months.
    • An employee who is required to serve a trial employment period may at any time during the trial employment period return to layoff status at the employee’s or at the department head’s discretion.
    • Time spent in trial employment shall not count against the period of eligibility for recall or preferential rehire.

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