Layoff/Involuntary Reduction in Time: Policy-Covered Employees

Rights to Recall & Preferential Reemployment

A career, non-probationary employee who has been laid off or whose time has been reduced indefinitely may elect recall and preferential rehire rights in lieu of severance. In the event an employee does not elect recall or preferential rehire rights within fourteen (14) calendar days of receiving a notice of layoff the employee will be paid severance.

A. Right to Recall & Preference for Reemployment

Right to Recall

A career, non-probationary employee who has been laid off or whose time has been reduced indefinitely may be recalled into the same department into any active vacant career position for which the employee is qualified when the position is in the same classification, same salary grade and same or lesser percentage of time as the position held at the time of layoff.  

Preference for Reemployment

A career, non-probationary employee who has been laid off or whose time has been reduced indefinitely may receive preferential consideration for any active 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 that are assigned to the position. An employee may exercise their right to preferential rehire immediately after electing recall or preferential rehire rights within fourteen (14) calendar days of receiving a notice of layoff.

Hiring departments may take an employee’s relevant skills, knowledge and abilities, documented performance and length of service into consideration when recalling an employee or providing preferential consideration to an employee.

An employee electing recall and preferential rehire rights will receive:

• Three (3) years of recall rights; and

• Less than five (5) years of service: One (1) year of preferential rehire rights

• Five (5) years but less than ten (10) years of service: Two (2) years of preferential rehire rights

• Ten (10) or more years of service: Three (3) years of preferential rehire rights

The SHR Employment Office maintains and administers the preferential rehire list. Preferential Rehire candidates are responsible for tracking and monitoring new postings; documenting their preferential rehire status on application materials and applying on or before the initial review date (IRD) to invoke preferential rehire rights.

B. Non-Selection for Recall and Preference to a Vacant Position

When selecting an employee to be recalled or preferentially rehired for a vacant position, the employee’s relevant skills, knowledge and abilities, documented performance, and length of service may be taken into consideration. If the employee is not selected for the position the reason for non-selection will be provided by the hiring unit in writing to SHR Employment.

C. Trial Employment

• Employees that are re-employed on the basis of recall or preference for reemployment may upon written notice, serve a trial employment period of up to six (6) months.

• Time on leave with or without pay is not qualifying service for completion of the trial employment period.

• At any time during the trial employment period, either the employee or the supervisor may request a return to layoff status for the employee. An employee who is returned to the preferential rehire list at management’s discretion will be given written notice of the effective date of such action.

• Upon return to layoff status, the remaining period of time that an employee is eligible for recall and preference for reemployment will be that amount of time remaining at commencement of trial employment.

D. Termination of Right to Recall and Preference for Reemployment

• An employee’s rights to recall and preference for reemployment terminate when the employee accepts any career position and passes the trial employment period, if required;

• If the employee refuses to be recalled;

• If the employee refuses a preferential job offer at the same or higher salary and same percentage of time;

• Fails to respond to a written notice of an employment opportunity;

•  Refuses two offers of employment for a career position at the same or higher salary and same percentage of time as the position held at the time of layoff.

• For additional information or assistance, please contact your Employee and Labor Relations Analyst.

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Revised October 2012