Layoff Resources- Guidelines for Employees

Topics Introduction/Overview Unemployment Insurance
Definition of Terms Transition Support Services
  Employee Rights FAQs: Preferential Rehire
  Benefits FAQs: Severance Pay
  Employee Assistance Program Resources

Topic- Frequently Asked Questions: Preferential Rehire

Questions:

  1. Who is eligible to participate in the preferential rehire program?

  2. What rights do program participants have?

  3. When and how will program participants be noticed of upcoming career vacancies?

  4. What happens after the preferential rehire candidate submits their application material?

  5. What happens after the candidate's materials are released to the hiring unit?

  6. Will the individual be required to serve another probationary period of hired into a career position through the preferential rehire program?

  7. If an employee accepts another position with UCSC or another employer before the effective date of the layoff, will they retain their recall and preferential rehire rights?

  8. Can a preferential rehire candidate whi has been seperated from the University apply for UCSC Campus Only recruitments, which are normally, limited to current UCSC employees?

  9. Can a preferential rehire program participant take a temporary UCSC position or a position with another employer without jeopardizing their rights?

  10. What is "continuity of service"?

  11. Can a laid off employee retire and also be entitled to the right to recall and preference for reemployment?

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Questions with Answers:

  1. Who is eligible to participate in the preferential rehire program? [Top of Page]

    • Following notification of layoff or reduction-in-time, a regular status employee is eligible for recall and preferential rehire rights. Recall and preferential rehire rights vary from one to three years dependent upon the employee’s years of service and in accordance with personnel policies (PPSM) and collective bargaining agreements.

      For policy-covered employees, severance pay is provided unless the employee elects in writing, recall and preferential rehire rights within fourteen (14) calendar days of receiving notice of layoff.

      For exclusively-represented employees, recall and preferential rehire rights are provided unless the employee elects in writing, severance pay within fourteen (14) calendar days of receiving a notice of layoff.

      Voluntary resignation prior to the layoff date will nullify any recall, preferential rehire and severance.
  2. What rights do program participants have? [Top of Page]

    • Rights include preference reemployment to any active career vacancy for which they are eligible. Preferential rehire rights for active career vacancies may be initiated if all of the following eligibility criteria are met:
      - The vacancy is at the same campus from which they were laid off;
      - The vacancy is at or below their original percentage of time;
      - The vacancy is at or below the maximum salary range of their previous or reduced position;
      - The vacancy is within the same bargaining unit from which they were laid off (non-represented employees have preferential rehire rights for both non-represented and represented titles);
      - The eligible employee must possess the qualifications required to perform the duties and responsibilities of the new position.

    • Exceptions:
      - Election of severance pay may significantly impact preferential rehire and recall rights. Please refer to the appropriate policy or collective bargaining agreement for futher details.
      - K7 (Skilled Crafts) and  PA (Police Officers) employees have recall rights only.

  3. When and how will program participants be noticed of upcoming career vacancies? [Top of Page]

    • New employment opportunities are posted regularly on the UCSC Staff Human Resources employment opportunities web site.

    • 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).
  4. What happens after the preferential rehire candidate submits their application material? [Top of Page]

    • Staff HR Employment will:
      - Use criteria outlined in the appropriate policy or collective bargaining agreement to determine eligibility; 
      - Review the individual’s application materials and conduct an initial assessment of their qualifications against the job requirements.

    • Eligible preferential rehire candidates who present some evidence of their ability to meet the require qualifications of the position will be released to the hiring unit for further review and consideration.

  5. What happens after the candidate's materials are released to the hiring unit? [Top of Page]

    • The Hiring Manager and/or Search Committee will:
      - Assess the preferential rehire candidate’s ability to meet the required qualifications of the position; and
      - Proceed  with job offer, if the candidate demonstrates an ability to meet the requirements; or
      - Submit non-selection documentation to Staff HR Employment, if the candidate does not demonstrate an ability to meet the requirements.

    • Refer to the Re-employment from Indefinite Layoff procedures for more information.

  6. Will the individual be required to serve another probationary period of hired into a career position through the preferential rehire program? [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.

  7. If an employee accepts another position with UCSC or another employer before the effective date of the layoff, will they retain their recall and preferential rehire rights? [Top of Page]

    • No.  This is considered a voluntary resignation which terminates recall and preferential rehire rights.  However, individuals hired into another UCSC career position via the preferential rehire program may, at the unit or the individual’s discretion; return to layoff status with restoration of full recall and preferential rehire rights.  Consult the appropriate policy or collective bargaining agreement for more details.

  8. Can a preferential rehire candidate which has been separated from the University apply for UCSC Campus Only recruitments, which are normally, limited to current UCSC employees? [Top of Page]

    • Yes. Individuals separated from UCSC who are on preferential rehire status are eligible to apply and be considered for UCSC Campus Only recruitments.  However, the individual must apply by the initial review date (IRD) in order to initiate their preferential rehire rights.

  9. Can a preferential rehire program participant take a temporary UCSC position or a position with another employer without jeopardizing their rights? [Top of Page]

  10. What is "continuity of service"? [Top of Page]

    • An employee who elects the right to recall and preference for reemployment retains continuity of service if reemployment occurs within the employee’s period of right to recall and preferential rehire.  In these cases the employee does not have to serve a new probationary period, maintains vacation accruals at the same rate as the time of layoff, and maintains membership in UCRP (UC Retirement Program).  However, service credit and seniority accrue only when the employee is on pay status.
  11. Can a laid off employee retire and also be entitled to the right to recall and preference for reemployment? [Top of Page]

    • Yes, subject to UCRP guidelines for reemployment.

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Revised October 2012: C.27