General University Reference Utility
POLICY'S INITIAL DATE: May 1, 2011
THIS VERSION EFFECTIVE: May 1, 2011
This policy outlines the layoff provisions for employees classified as either Standing or Fixed-Term I staff. It is expected that, where practicable, work units will eliminate nonregular positions prior to enacting this policy.
A layoff of an employee can occur because of a lack of either work or funds, a reduction of the operating staff of the University, or an emergency that curtails normal operations, all of which shall be determined by the University in its sole discretion.
A department faced with the need to reduce staff must contact their Human Resources Representative and the Employee Relations Division before any actions are taken or discussions are held with employees. Consultation with the Affirmative Action Office and the Office of General Counsel will be sought as appropriate.
It is presumed that individuals who receive layoff notices are valuable contributing members of the University community whose employment cannot be continued due to the above listed conditions.
The position formerly held by a laid off employee must remain vacant for at least one year following the layoff, except in unusual situations where funding is unexpectedly restored and with the prior approval of the Vice President for Human Resources or a designee.
The decision to lay off an employee is made by the work unit’s dean or administrative officer with the prior approval of the central Office of Human Resources. The following criteria shall be considered when identifying an employee for layoff: ability to perform the work needed, prior documented performance, and length of University employment.
Length of University employment is measured in months of continuous employment in a Standing or Fixed-Term I appointment from the date of last hire and includes leaves of absence. Employment ceases to be measured when an employee quits, resigns, or is dismissed.
A new employee is not granted credit for length of University employment during his or her probationary period. However, after the completion of his or her probation, credit will date from the first day of employment in a Standing or Fixed-Term I position. As a general principle, probationary employees will be laid off prior to employees that have completed their probationary periods.
Layoffs shall be made within job groups in a work unit. (See "Definition of Work Unit" in HR34, Employment Conditions for Staff Employees.) A job group is defined as those jobs in a work unit with the same job title and level. It may also include jobs in the work unit in the same job title at lower levels and/or different job titles but which are in the same or lower salary band. This latter type of job group is established by a dean or administrative officer at his/her discretion.
Fixed-Term I Appointments:
An employee on a Fixed-Term I appointment whose employment terminates at the completion of the appointment is not eligible for the layoff provisions; however, if the employee is terminated from employment prior to the completion of the Fixed-Term I appointment, for reasons other than disciplinary dismissal, the section of this policy entitled Layoff Provisions shall be applicable, but in no event shall they be applicable beyond the Anticipated Ending Date of the appointment.
Written notice of layoff shall be provided to an employee by the work unit’s Human Resources Representative, or a designee, four (4) weeks prior to the date of termination. The employee may work during the notice period at the discretion of the work unit. Any time paid, but not worked, during the four-week notice period will be deducted from the severance payment, as outlined in policy HR98, Severance Payment Provisions for Staff Employees.
A laid off employee:
The Office of Human Resources will provide information and be available to employees for employment consultation as may be requested and deemed appropriate.
In areas where employees are laid off during brief closedown periods, the following conditions apply:
a. The employee will continue as an employee of the employee’s normal work unit, except that time involved on the temporary assignment will not be counted toward the completion of a training period of the employee’s normal job, and accumulated vacation will be scheduled in accordance with the procedures of the work unit of the temporary assignment.
b. The employee will be eligible for consideration for promotion in accordance with HR74, Staff Vacancy Announcement Procedure.
c. Except as modified above, all other terms and conditions of staff policies will be applicable to an employee on such temporary assignment.
d. If an employee is offered a temporary assignment in the employee's own work unit in lieu of layoff, and the employee does not accept such temporary assignment, the employee shall request a leave of absence without pay.
HR05 - "Regular" and "Nonregular" University Employees
HR06 - Types of Appointments
HR34 - Employment Conditions for Staff Employees
HR98 - Severance Payment Provisions for Staff Employees