Layoff Resources- Guidelines for Managers & Supervisors

Topics
Introduction/Overview Communicating with Employee
Definition of Terms Transition Support Services
  Management Responsibilities Contracting for Services
  Options to Mitigate Layoff Options and Effects Chart
  Layoff Planning Frequently Asked Questions
  Initiating the Layoff: Layoff Justification Forms/Resources

Employee Rights

Topic- Employee Rights

Following notification of layoff or reduction-in-time, a career non-probationary e.g., 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 rights.

Right to Recall

A regular status employee who has been laid off or whose time has been reduced indefinitely may be recalled into the same department into any active and vacant career position for which the employee is qualified when the position is in the same classification, in the same department and at the same or lesser percentage of time as the position held at the time of layoff. Additionally, employees covered by collective bargaining agreements shall be recalled in order of seniority.


Preferential Rehire

Employees who have received notice of indefinite layoff or reduction-in-time and who have elected preferential reemployment will be granted preferential rehire consideration at UCSC for posted career openings at the same or lower job classification and same or lesser percentage of time, provided the employee is qualified to perform the duties of the position. Employees covered by collective bargaining agreements may have additional criteria for preferential rehire.


Return to Preferential Rehire Status

In general, employees preferentially rehired from layoff status who fail to perform satisfactorily may, at any time during the six months following their rehire, be returned to layoff status with full restoration of preferential rehire rights. In addition, an employee may request to be returned to preferential rehire. Refer to the personnel policy or collective bargaining agreement for specific provisions.


Severance Pay

An employee who receives severance pay shall be paid a lump sum amount normally based on one week
(5 workdays) of salary for each full year of service from the most recent break in service up to a maximum of sixteen (16) weeks of base pay.

Employees represented by UPTE may elect to receive reduced severance and a reduced level of preferential rehire and recall.

An employee whose time has been reduced indefinitely may receive severance pay for the percent of time reduced depending upon personnel policy or collective bargaining agreements.

Individuals who return to work within the University or have their time increased after receiving severance pay may be required to reimburse the University for all or a portion of the severance pay.

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Revised October 2012: C.26