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- Initiating the Layoff: Layoff Justification

Consult with Employee and Labor Relations (at least 90 days in advance of layoff)

The Layoff Business Plan supports the business need for the layoff and answers the following:

  • Have the reasons for layoff been clearly defined and justified (i.e. lack of funds, lack of work, or reorganization)?
  • Which layoff unit is affected?
  • Is the layoff temporary or indefinite?
  • Which position(s) will be eliminated?
  • Have the classifications to be affected been identified?
  • Have the individuals within the affected classification been identified?
  • Have the skills, knowledge and abilities required to do the remaining work been identified?
  • Are the job tasks are being eliminated or reassigned and who will be assigned the duties?
  • What efforts have been made to avoid layoff-e.g. by transferring employees to vacant positions?
  • Have temporary, limited, casual-restricted or vacant positions been reviewed for elimination? If not, what are the reasons for retention of these positions?
  • Are there any open positions? Have they been posted?
  • Has consideration been given to assigning affected employees to vacant positions in the department, or within the division?


Calculate Seniority

When a layoff action is necessary, the manager will decide which classification(s) will be affected. Subsequently, the manager will select the employee(s) who will be laid off within the classification.

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.

Generally, seniority is based on the full-time equivalent months (or hours) of University service. To determine the full-time equivalent months (or hours) of University service, all hours on pay status (excluding overtime, on-call, call-back hours) must be compiled and then divided by 174.

Employment before a break in service is not counted. Reemployment within the period of right to recall and preference for reemployment or from temporary layoff provides continuity of service. Benefits and seniority accrue only when on pay status.


Employee Notice of Layoff

To assist employees who are impacted by a layoff or a permanent reduction in time action, the campus is emphasizing the importance of providing official notice as soon as possible prior to layoff date in order to activate the individual’s layoff rights.

Requirements for providing employees notice of layoff vary according to personnel policies and collective bargaining agreements.

If less than the required notice period is provided, the employee will receive pay in lieu of notice for each additional day the employee would have been on pay status had the employee received their required calendar days’ notice.

  • The ELR Analyst drafts the layoff notice(s), requests Layoff Resources Packet(s) from Employment and forwards to the supervisor(s) of affected employees.
  • The supervisor(s) review the draft layoff notice(s), prints and signs the final notice(s). A copy of the signed layoff notice(s) is returned to the ELR Analyst as soon as possible.
  • The supervisor(s) meet individually with each employee designated for layoff to give the employee their layoff notice and Layoff Resource Packet and to discuss the layoff decision.

See the Forms/Resources webpage for direct access to collective bargaining agreements, policies, procedures and layoff notice templates. Consult with your ELR Analyst for technical advice and support.

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Revised October 2012: C.26