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Frequently Asked Questions

For Managers and Supervisors

  1. What determines a layoff or reduction in time?
    1. Indefinite layoffs and reductions in time for employees in career or partial year career positions are implemented when there is a lack of funds, lack of work, or lack of work due to a reorganization.
  2. Who makes the determination of what positions are proposed for layoff?
    1. The department head determines when layoffs are necessary, and shall identify the position(s) selected for layoff, due to a lack of funds, lack of work or lack of work due to a reorganization.
  3. Is a reduction in time considered a layoff?
    1. Yes, if a career employee’s time is involuntarily reduced, it is considered a layoff, and the employee is entitled to layoff rights for the portion of the time that is permanently reduced.
  4. Is a layoff based on seniority?
    1. Generally, a layoff is based on seniority, which means that the least senior employee (with the least amount of University service) in the identified classification is laid off. The University’s Collective Bargaining Agreements and Personnel Policies for Staff Members (PPSM) define how layoffs should occur. However, in some cases layoffs may be based on special skills, which means the department may need to retain a less senior employee with special skills that the more senior employee does not possess. In this scenario, a more senior employee could be laid off.

      For employees covered by Personnel Policies for Staff Members (PPSM), layoffs may also be based on performance.
  5. What are “special skills” for purposes of layoff?
    1. “Special skills” are considered in out-of-seniority layoff actions. There may be situations where a position requires special licensing that the senior person cannot acquire. Or the position may require a credential that cannot be obtained in a reasonable amount of time (3-6 months). The same would hold true if special skills were needed that the senior person could not acquire within a reasonable period of time (3-6 months). Rationales for out-of-seniority layoff should state that specific skills are required and why the senior person cannot acquire them in a reasonable amount of time.
  6. What is an out-of-seniority layoff?
    1. Generally, a layoff is by seniority, which means that the least senior person (amount of service with the University) in the classification is laid off. In some situations, certain positions require very “special skills,” which may require the retention of the employee in these positions. If this occurs, a more senior person may be laid off first. This is an out-of seniority layoff.
  7. How is seniority calculated?
    1. Seniority is calculated based on the hours on pay status from the most recent date of hire (Service time prior to a break in service is not counted toward seniority for the purpose of layoff). Included in this calculation are hours worked in all career, academic, student (casual restricted) and limited appointments.

      For represented employees, refer to the appropriate bargaining agreement.
  8. How do I determine who should be laid off?
    1. The unit head, in consultation with ER Analyst, 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 Personnel Policies for Staff Members (PPSM), 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 employees represented by Collective Bargaining Agreements, 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 the ER Analyst.
  9. Is it possible to move an employee who has been identified for layoff to an open provision in my unit or within my division?
    1. For Personnel Policies for Staff Members (PPSM) employees, 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 employees represented by Collective Bargaining Agreements, 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 however, the Principal Officer may approve a transfer or reassignment within their respective division.
  10. What is a layoff unit?
    1. A layoff unit is defined as an established department unless otherwise designated by the Chancellor. The layoff unit may include the department, college, unit, program, subprogram, or in the case of extramurally-funded grants, the research projects.
  11. Can I effectuate a mandatory closure of my department for a short period of time, say for 2 weeks?
    1. Yes, departments can create curtailment periods.

      Departments contemplating curtailment periods should seek the approval of their Principal Officer prior to implementing a curtailment period.
  12. Can I subcontract work and subsequently layoff employees in the unit to meet my department’s budget cuts?
    1. There are specific University guidelines and union contract provisions that dictate the circumstances under which the University may subcontract work.
  13. Are Managers and Senior Professional (MSP) employees subject to the layoff policy?
    1. MSP employees are not subject to the Layoff Policy, but can be terminated under the provisions of PPSM-64 Termination and Job Abandonment.
  14. Can an individual volunteer to be laid off “out of sequence”?
    1. An individual may volunteer to be “laid off” out of sequence dependent upon policy or bargaining agreement language.

      Refer to the appropriate bargaining agreement or personnel policy for further information in consultation with your ER Analyst.
  15. How can I begin preparing to get a clear understanding of the overall staffing picture for my unit?
    1. You can prepare by updating your organization charts, pulling staffing lists and budgets and meeting with your ER Analyst.
  16. How much notice is required for a Layoff/Reduction in Time?
    1. Generally, noticing requirements for a temporary or permanent layoff or reduction in time ranges from fifteen (15) to forty-five (45) calendar days. The noticing requirements are defined under Personnel Policies for Staff Members (PPSM) Policy and Collective Bargaining Agreements.
  17. What information is required from a department when union notice is required?
    1. Because contracts have different provisions, it best you talk to your ER Analyst about the exact requirement for your situation. However, usually the following is required: proposed layoff date, the reason for the layoff, budget information and other information used by management in reaching the decision, names, classification, seniority points for employees in the same classification, rationale for out-of-seniority layoffs, and “before” and “after” organization charts.
  18. Who provides notice to the unions?
    1. The Labor Relations Analyst provides the notice to the unions after you provide the information to your ER Analyst, who will coordinate with Labor Relations.
  19. Is there a different notice procedure for laying off a group of employees (five or more) at the same time compared to laying off one or two employees at a time?
    1. The notice procedure for laying off a group of employees at the same time, when they are covered under the same contract, may differ depending on the provisions of the contract.
  20. Who signs the layoff letter and provides it to the employee?
    1. The department head or supervisor depending upon authority or departmental protocol will sign and provide the layoff letter to the employee.
  21. When should Employee & Labor Relations (ELR) be notified of a Layoff/Reduction in Time?
    1. Generally, as soon as a department determines there is a potential need to make operational or budgetary changes that could affect the workforce, managers and supervisors should reach out to their Employee Relations (ER) Analyst for consultation and guidance.
  1. When is it appropriate to temporarily layoff an employee?
    1. When work or services have temporarily been affected or organizational restructure is being considered.
  2. Can you convert a temporary layoff to a permanent layoff?
    1. Yes, at any point during the temporary layoff period, if it is determined that the position will be eliminated due to lack of work, funding or reorganization, the department may impose a permanent layoff action.
  1. If I want to permanently change a full-time career position to a partial-year career position to include a furlough period, is this considered a layoff action?
    1. Yes, a permanent change from a 12-month career position to a partial-year career position is considered a permanent layoff action.
  1. Are students subject to being laid off?
    1. 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 3: Types of Appointment In general, students should be released prior to the layoff of a career employee
  2. Are limited employees subject to being laid off?
    1. Limited employees are not subject to the Layoff Policy but may be released from employment under the provisions of PPSM 3: Types of Appointment.

      In general, limited employees should be released prior to the layoff of a career employee.
  3. When is it appropriate to utilize temporary staffing services?
    1. 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.

      When the work is considered a “covered service,” such as custodial or dining work, third-party, temporary staffing services may only be used under rigid exceptions defined in collective bargaining agreements and Regents Policy 5402. Please see the campus’ contracting out web book for more information.
  1. What is Employee & Labor Relations (ELR) recommendation regarding the use of pay in lieu of notice?
    1. Advance notice should be given whenever possible; circumstances involving security or other risks may justify the use of pay in lieu of notice; and early consultation with your ER Analyst is advised.
  1. What kind of assistance is provided to staff employees who are laid off?
    1. There are a variety of free career resources in Santa Cruz and the surrounding area.See Job Search Assistance Resources for more information.

      The UC Employee Assistance Program (EAP) is available for 6 months to employees who may be indefinitely laid off.
  2. Is the employee entitled to release time to look for a new job?
    1. Yes. With reasonable notice, an employee shall be granted reasonable time off with pay to interview for University positions.
  3. Is a laid-off employee eligible for unemployment insurance?
    1. University employees are covered by unemployment insurance. Contact the California Employment Development Department for a determination of eligibility.
  4. Can an employee work on their resume and go to interviews during work time?
    1. PPSM and many of the labor agreements (Teamsters 2010, UPTE, AFSCME) provide for reasonable release time with pay for job interviews on campus and comparable time for interviews on other campuses. Paid release time is provided for employees to meet with a campus Talent Acquisition Consultant to work on job search efforts including resume preparation. Employees should talk to their supervisor about the possibility of working on their resume or doing other job search activities that are not disruptive during work time.
  5. What recourse does an employee have to appeal a layoff or reduction in time action?
    1. Employees who have been laid off have the right to file a grievance/complaint in accordance with the applicable contract or policy by which they are covered. Refer to the applicable University’s Collective Bargaining Agreements and Personnel Policies for Staff Members (PPSM).
  1. Is a layoff considered a break in service?
    1. No, layoffs are not considered as breaks in service.
  2. What is the impact of layoff on the employee’s insurance benefits?
    1. Medical, dental and optical coverage will end on the last day of the separation month. For example, an employee separates effective July 6 - coverage will end effective July 31 (disability coverage will end July 6). If an employee separates July 31 - coverage will end July 31.

      The employee and/or the eligible family members may be eligible to continue UC-sponsored coverage under COBRA continuation. There is a very limited time to take advantage of COBRA continuation. The employee should refer to the Notice to UC of a COBRA Qualifying Event.

      Coverage end dates and conversion privileges vary for the Life, Dependent Life and AD&D insurance plans. Disability coverage ends on the employee’s last day of active employment and is not available for continuation or conversion.

      Please refer to the Termination of Employment Benefits for additional information about any of these insurance plans.
  3. How does layoff impact the employee’s retirement benefits?
    1. The employee stops accruing University of California Retirement Plan (UCRP) service credit on the last day on pay status. If the employee is a UCRP member, they may be eligible for one of the following options upon leaving UC: Inactive Membership, Refund of Accumulations, Retirement Income, or Lump Sum Cashout. If the employee is eligible to retire and eligible for Retiree Health benefits, (medical and dental), the retirement date must be within 120 days of separation from UC, and the employee’s medical and dental benefits must still be active up to the retirement date. The employee should call and make an appointment with a Benefits Representative as soon as possible. Please refer to the Retirement Frequently Asked Questions.
  4. Can an employee who’s been notified of layoff choose to instead retire?
    1. Yes, if an employee is eligible by age and vesting rules and wants to retire from UC, they may elect to retire following a lay-off from UC employment. They may also become an inactive member of UCRP following a lay-off and delay receiving retirement income to a later date of their choice. NOTE: If you become aware that your employee is electing to retire immediately following a layoff, please encourage them to contact the local Benefits Office (benefits@ucsc.edu) as soon as possible.
  5. If an employee is an active UCRP member with less than five years of service credit and the employee is laid off can the employee purchase service credit?
    1. Yes. Service credit may be purchased only for qualified reasons, such as for an approved leave without pay, sabbatical leave, extended sick leave, or temporary layoff, or for earlier periods of employment for which UCRP contributions have been refunded. Generally, elections to buy back service credit and payment must be made before you leave University employment. See the UCRP Service Credit Purchase Guide.pdf for eligibility rules. To obtain an estimate of the cost of a service credit purchase, contact RASC via Secure Message using UC RAYS (Retirement At Your Service). Please refer to Retirement Frequently Asked Questions.
  1. When does the laid off employee receive his/her final paycheck?
    1. The employee's check disposition will determine how the check is received. If the employee has direct deposit, the final pay will be through direct deposit. If the employee is not set up for direct deposit, the check would be mailed to their address on record.
  2. How does the department process the employee’s leave accruals?
    1. Any accumulated vacation earned through the last day of employment will be paid upon separation.

      Sick leave is reinstated upon reemployment, as long as the employee is on preferential rehire status.
  1. Is the employee’s email and calendar account disabled during a permanent or temporary layoff?
    1. Yes, the employee's end date or leave without pay will auto trigger the Gold and Blue password to be disabled.

      If there is a business need for the employee to have continued access during this time, a Sundry account can be requested.
  2. Are Supervisors expected to collect University property on or before the date of separation?
    1. Yes, Supervisors are expected to collect University property on or before the date of separation. Employee is expected to return any UC items related to their job such as keys, laptop, access cards, mobile phones, etc. Leave phone and email messages informing contacts who to go to after employee departure. Close outstanding university accounts. Please refer to the Supervisory Checklist for Off-Boarding Employees.
  1. How do I maintain morale before, during and after layoffs?
    1. 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.
  2. What do you say to the remaining employees after layoff?
    1. Be transparent as possible. Schedule a meeting to answer any questions. During the meeting explain why the layoff was necessary, what you did, why you did it, acknowledge how hard the situation is on surviving employees, how the team can move on, and inform the staff if additional budget cuts are needed.

      Inform staff of the Employee Assistance Program (EAP) as a resource.
  1. How does the supervisor issue the layoff/reduction in time notice when the employee is working remotely?
    1. Layoff/reduction in time meetings may be held virtually. Some helpful tips:
      • Schedule one-on-one video meetings. Avoid any background distractions.
      • Meeting duration should be the same amount of time you normally would for an in-person layoff.
      • Give the employee your complete attention and time. Avoid distractions from children, pets, phones, and email notifications.
      • Be thoughtful about meeting subject names and set calendar invitations as private.
      • Practice using the technology ahead of time. Ensure that your employee is familiar with the technology you are using.
      • Make a contingency plan for reconnecting if there are technical issues.
      • Be prepared to email electronic documents to share during the layoff meeting.
      • Communicate as clearly as possible. It is important that you state dates by which materials need to be returned by. This may include University property and layoff materials.
      • Refer employees to resources.
      • Give the employee the opportunity to ask questions.
      • Take extra care to break the news with empathy and compassion.
      • Express gratitude for their hard work and dedication.
  2. What items should be considered when conducting the layoff notification meeting?
    1. Opening Statement
    2. Present and Review the Layoff Notification Letter and Layoff Packet
      • Explain contents and purpose
      • Inform the employee of available resources
    3. Explain Next Steps
      • What is expected if the employee is going to work during the notice period
      • Time off, time used for job search activities
      • Anticipated last day in the office
    4. Take time to Answer Any Questions
      • Answer honestly any questions the employee may have about the layoff, selection, process and next steps
      • Do not provide confidential information about other employees
  1. What is preferential rehire?
    1. An employee with preferential rehire rights will receive preferential consideration for any active, vacant career position when the position is at the same or lower salary grade, and at the same or lesser percentage of time. Preferential rehire entitles layoff candidates to have their applications forwarded to the hiring department before all other applications are forwarded, provided the employee meets the minimal qualifications of the position.
  2. Who is eligible to participate in the preferential rehire program?
    1. A non-probationary, non-represented employee who has received a notice of indefinite layoff or indefinite reduction in time and elects recall and preferential rehire rights in lieu of severance pay within 14 calendar days of receiving their notice.

      A non-probationary, represented employee who has received a notice of indefinite layoff or indefinite reduction in time is eligible to participate in the preferential rehire program.
  3. What rights do program participants have?
    1. Rights include preference for 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 they’re 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.
    2. Exceptions:
      • Election of severance pay may significantly impact preferential rehire and recall rights. Please refer to the appropriate policy or collective bargaining agreement for further details.
  4. At what point can eligible individuals begin participating in the preferential rehire program?
    1. An eligible non-represented employee may begin participating in the preferential rehire program on the day they submit their election form to Staff Human Resources Individuals who elect recall and preferential rehire rights will forfeit severance pay.

      An eligible represented employee may begin participating in the preferential rehire program on the day they are given their written notice of indefinite layoff or indefinite reduction in time. Individuals who elect severance pay will forfeit their recall and preferential rehire rights unless otherwise stated in their collective bargaining agreement
  5. When and how will program participants be notified of upcoming career vacancies?
    1. New employment opportunities are posted regularly on the UCSC Staff Human Resources employment opportunities web site, http://jobs.ucsc.edu. 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).
  6. What happens after the preferential rehire candidate submits their application materials?
    1. 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 required qualifications of the position will be released to the hiring unit for further review and consideration.
  7. What happens after the candidate’s materials are released to the hiring unit?
    1. 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.
  8. 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?
    1. 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.
  9. Can a preferential rehire candidate, who has been separated from the University, apply for UCSC Campus Only recruitments, which are normally, limited to current UCSC employees?
    1. 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.
  10. Can a preferential rehire program participant take a temporary UCSC position or a position with another employer without jeopardizing their rights?
    1. Yes, but only after the layoff effective date. However, there are other circumstances that may cause their preferential rehire rights to terminate. Consult the appropriate policy or collective bargaining agreement for more details.
  11. What are recall rights?
    1. Recall entitles layoff candidates to an open, vacant position in the same classification, salary grade, and department, at the same or lesser percentage of time as the position held at the time of layoff. A layoff candidate could have recall rights for up to three years from the date of layoff depending upon the employee’s service time.
  12. What is “continuity of service”?
    1. An employee who elects the right to the 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.
  13. Can a laid off employee retire and also be entitled to the right to recall and preference for reemployment?
    1. Yes, subject to UCRP guidelines for reemployment.
  14. If an individual returns under preferential rehire rights and/or recall rights, do they serve a new probationary period or trial employment?
    1. There is no new probationary period; however there are provisions in PPSM and Collective Bargaining Agreements that explain employees who are rehired or reassigned under recall or 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 and who fails to perform satisfactorily may at any time during the trial employment period return to preferential or recall layoff status at the employee’s or at the department head’s discretion. In addition, an employee may request to be returned to preferential rehire status. Refer to the Personnel Policies for Staff Members (PPSM) or Collective Bargaining Agreement for specific provisions. Time spent in trial employment shall not count against the period of eligibility for recall or preferential rehire.
  15. How does the preferential rehire process work if several laid-off employees apply for the same positions?
    1. If several employees apply for the same position under preferential rehire rights, the hiring department will review the resumes in the order in which they were received.
  1. Is the laid off employee entitled to severance pay?
    1. Depending on the applicable Collective Bargaining Agreement or Personnel Policies for Staff Members (PPSM), employees may be entitled to make a selection between severance pay or preferential rehire and recall rights.
  2. How is severance pay calculated?
    1. Because this can vary for different staff groups, it’s best to refer to the respective Collective Bargaining Agreement or Personnel Policies for Staff Members (PPSM) for the most accurate information.
  3. How does the department process the employee’s leave accruals?
    1. Any accumulated vacation earned through the last day of employment will be paid upon separation.

      Sick leave is reinstated upon reemployment, as long as the employee is on preferential rehire status.

      Employees who receive severance pay separate from the University and a have break in service. If the employee is subsequently reemployed after a separation of less than 90 calendar days, all accrued sick leave from the employee’s prior service will be reinstated. If the separation from employment status is 90 or more calendar days but less than six months (or 180 days), up to 80 hours of accrued sick leave will be reinstated. If separation is for six months (or 180 days) or more, accrued sick leave will not be reinstated.
  4. What kind of an agreement should there be between the employee returning severance and the department?
    1. Payment can either be made in a lump sum or through payroll deduction. Lump sum payments should be made of out to UC Regents. If payroll deduction is chosen, a reasonable payback schedule should be determined. For example, it may be reasonable to ask the employee to have one week of service deducted from his paycheck for each upcoming month. This agreement should be in writing. Employees should consult with their ER Analyst.
  5. If someone is rehired after receiving severance pay from the University, What are the guidelines for the severance payback?
    1. The department that is rehiring an employee needs to ask whether the employee has received severance from the University. If the employee has, and is still receiving severance, the department that originated the layoff calculates the amount to be refunded to the University. To determine repayment policy, refer to the Personnel Policies for Staff Members (PPSM) or Collective Bargaining Agreement.
  6. What is the source of funding for severance payment when a layoff occurs and the employee elects severance pay?
    1. Funding for severance payments when a layoff occurs will be made available through department funds. Departments will want to consider the potential obligation to make severance payments as a part of the budget planning process.