ABCs of Staff Layoffs Danielle Schulte UCSD Human Resources Employee Relations 4/2006

PROCESS First: Decide –What is the reason the layoff? –What type of layoff is it? –What positions will be affected? Second : Submit proposal to ER Third : Give notice of layoff to employee(s).

Reasons Lack of Work Lack of Funds Reorganization Performance is NOT a reason to lay someone off

The justification CANNOT be based on the employees performance!

Types of Layoffs Temporary (<4 months) Indefinite (4 months +) Reduction In Time (temporary & indefinite)

Proposal Layoff or Reduction In Time Proposal Submit proposal to ER. Only for career employees One complete proposal for each affected employee signed by both Department Head and the HR contact

Proposal contd In addition to the Proposal be sure to include: Draft of Notice to Employee Severance election form (if applicable) Copy of current evaluation Brief explanation for layoff Any justifications for retention out of seniority (special skills, knowledge and/or abilities) Employees home address and phone number

Notice Employees covered by PPSM/SX/Ex/NX: at least 30 days. Employees covered by CX: 60 days. (45/15 if 60 not feasible) Employees covered by RX/TX/HX: 60 days. (30/30 if 60 not feasible)

Feasibility & Notice Plan for the worst & hope for the best Loss of Grant or Contact does not justify shorter notice period. Grant &/or contacts are awarded with end dates.

Notice Contd You may notice the employee ONLY AFTER the proposal has been approved by ER.

Seniority In the same classification (job title) Within the same Unit Code Inverse Order of seniority Seniority determined: –PPSM/CX/RX/TX/HX: Full time equivalent months/hours of University service –SX/EX/NX: Most recent date of hire in a staff career position.

Seniority Contd Ties in Seniority –PPSM/RX/TX/HX/CX: The employee with the most recent date of appointment shall be laid off first –EX/SX: seniority shall be determined according to alphabetical order of the last name –NX: the lowest number formed by the last four digits of the RN license number will be the least senior.

Seniority Contd Waiver of seniority? –PPSM/SX/RX/TX: No –CX: If job duties will change, give new job description to affected employee, employee agrees, then CX & UCSD must also agree. –NX: RN can waive (w/o notice to Union) –HX: Employee can waive w/ Universitys approval and w/o Unions approval

Seniority Contd Layoff out of inverse order of seniority may be allowed if less senior employee has special skills knowledge and abilities not possessed by senior employee NX/HX: ability to learn within 30 days SX/CX/EX: can they be learned within 6 months

Preferential Rehire Rights RX/TX/EX/SX/CX/PPSMNXHX <5 years of service = 1 year of preferential rehire rights >5 but <10 years of service = 2 years of preferential rehire rights >10 years of service = 3 years preferential rehire rights < 5 years of service = 1 year of preferential rehire rights > 5 years of service = 2 years of preferential rehire rights < 10 years of service = 1 year of preferential rehire rights > 10 years of service = 2 years of preferential rehire rights

Recall Rights RX/TX/SXNX/HXPPSM/CX/EX < 5 years of service = right to recall for 1 year >5 but <10 years of service = right to recall for 2 years >10 years of service = right to recall for 3 years < 5 years of service = right to recall for 1 year > 5 years of service = right to recall for 2 years Right to recall for 3 years regardless of years of service

Severance In lieu of Preferential Rehire/Recall May be eligible for reduced severance RIT may be eligible for % of severance

Severance Contd RX/TXEX/SX/HXCX/PPSMNX 1 week for each full year of service not to exceed 16 weeks < 5 years = 2 weeks; > 5 years = 5 weeks plus 1 week for each addl year not to exceed 16 weeks 1 week for each full year of service not to exceed 16 weeks No severance Reduced severance No reduced severance for EX/SX. HX same as RX/TX No reduced severance RIT= % of time reduced in accordance with schedule above If RIT and then laid off within 60 days eligible for severance based on pre-RIT % time RIT =% of time reduced in accordance with schedule above None

Dont Panic! Its all on BLINK: u/Blink/External/T opics/Policy/0,116 2,14652,00.html

Still Confused? Call me! Im here to help. (858)