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

Topics- Frequently Asked Questions

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. Who signs the layoff letter and provides it to the employee?

  3. What is ELR’s recommendation regarding the use of pay in lieu of notice?

  4. Are students laid off? Is it appropriate to keep student employees?

  5. Are limited employees laid off? Is it appropriate to keep limited employees?

  6. Are Managers and Senior Professional (MSP) employees subject to the layoff policy?

  7. When is it appropriate to utilize temporary staffing services?

  8. What kind of assistance is provided to staff employees who are laid off?

  9. How is seniority calculated?

  10. To understand the financial impact, how is severance pay calculated?

  11. Can an individual volunteer to be laid off “out of sequence”?

  12. How can I begin preparing to get a clear understanding of the overall staffing picture for my unit?

  13. How do I maintain morale before, during and after layoffs?

  14. Can I subcontract work and subsequently layoff employees in the unit to meet my department’s budget cuts?

  15. Can I effectuate a mandatory closure of my department for a short period of time, say for 2 weeks?

  16. How do I determine who should be laid off?

  17. Do an individual’s preferential rehire rights and/or recall rights terminate if the individual accepts a limited appointment with the University?

  18. 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 will give regular status employees  opportunities for reassignment or transfer prior to layoff when reassignment or transfer opportunities arise and are operationally feasible.

    • For represented employees, the department may give regular status employees opportunities for reassignment or transfer prior to layoff when reassignment or transfer opportunities arise and are operationally feasible.

    • Transfer or reassignment is normally within the same department.

    • The Principal Officer may approve a transfer or reassignment within their respective division.

  2. 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.

  3. What is Employee and Labor Relations’ 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 your Employee and Labor Relations (ELR) Analyst is advised.

  4. 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.

  5. 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.

  6. Are Managers and Senior Professional (MSP) employees subject to the layoff policy? [Top of Page]

  7. 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.

  8. 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.

  9. How is seniority calculated? [Top of Page]

    • For policy-covered employees, seniority is normally calculated by full-time equivalent months of University service in any job classification.

    • For represented employees, refer to the appropriate bargaining agreement.

  10. To understand the financial impact, how is severance pay calculated? [Top of Page]

    • Severance pay is calculated based upon 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.

    • Refer to the appropriate bargaining agreement or personnel policy for further information.

  11. 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 dependant upon policy or bargaining agreement language.

    • Refer to the appropriate bargaining agreement or personnel policy for further information in consulation with your ELR Analyst.
  12. 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 and meet with your ELR Analyst.

  13. How do I maintain morale before, during and after layoffs? [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.

  14. 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.

  15. 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.

  16. How do I determine who should be laid off? [Top of Page]

    • The unit head, in consultation with Employee and Labor Relations 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.

    • For policy-covered employees, layoffs are administered by defined layoff units, job classifications and salary grades. Criteria for consideration when determining order of layoff must include relevant skills, knowledge and abilities, documented performance and length of service (seniority).
    • For exclusively-represented employees, layoffs are administered by defined layoff units, job classifications and are implemented in inverse order of seniority. It may be appropriate to retain an employee with less seniority that may possess specialized skills, knowledge and abilities. However, the special skills argument should only be used in those instances where the essential functions of the job cannot be learned within a reasonable period of time (e.g., six months). Special skills exceptions will be closely reviewed by Employee and Labor Relations.

  17. Do 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.

  18. 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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Revised October 2012: C.26