ABC’s of Staff LayoffsABC’s of Staff LayoffsABC’s of Staff LayoffsABC’s of Staff LayoffsDanielle SchulteDanielle Schulte

UCSD Human ResourcesUCSD Human ResourcesEmployee RelationsEmployee Relations

(858)534-8011(858)534-8011dgschulte@ucsd.edudgschulte@ucsd.edu

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 employee’s

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 cont’dIn 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)• Employee’s 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 Cont’d

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 Cont’d• 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 Cont’d• 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/ University’s

approval and w/o Union’s approval

Seniority Cont’d• 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/PPSM NX HX

<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/SX NX/HX PPSM/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 Cont’dRX/TX EX/SX/HX CX/PPSM NX

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 add’l 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

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

Don’t Panic!• Its all on BLINK:http://blink.ucsd.edu/Blink/External/Topics/Policy/0,1162,14652,00.html

Still Confused?

Call me! I’m here to help.

(858)534-8011dgschulte@ucsd.edu