Procedure 60 -- Layoff and Reduction in Time From Professional and Support Staff Career Positions

REFERENCES AND RELATED POLICIES

UC-PPSM 12 (Non-Discrimination)
UC-PPSM 14 (Affirmative Action)
UC-PPSM 20 (Recruitment)
UC-PPSM 21 (Appointment)
UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions
UC-Benefits Checklist (Indefinite Layoff, Temporary Layoff)
UCLA Online Employee Database (EDB) System Manual (SEPR-Separation Bundle)

A. GENERAL

Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section A.

B. SCOPE

Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section B.

C. RESPONSIBILITY

The Organization Head or designee has the authority to lay off or reduce the time of a career employee for a temporary or indefinite period when layoffs or reductions in time are necessary due to lack of funds or lack of work, including lack of work due to reorganization. Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions). Layoff or reduction in time actions must be reviewed by CHR prior to implementation.

1. Departmental Layoff Proposal

Each affected organization or department assesses the impact of changes such as lack of funding, a lack of work, or the effects of reorganization. Using an objective process the department must analyze to determine  which essential functions need to be performed by the department, as well as which functions and positions will be eliminated.  Written documentation of your analysis and justification is strongly recommended.

Prior to notifying affected employees, the department shall submit a completed and signed Order of Layoff Form to CHR—Personnel Services for review.

The order of layoff form shall include:

o        a completed separate form for each classification (title code) in which there will be a layoff

o        all career, limited and contract positions in the title code as a group, regardless of funding source or percent of time.

2. Review of Departmental Layoff Proposal

a) Calculation of Seniority Points

The CHR Employee Relations Consultant will review the layoff proposal to ensure conformance with UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions).

A CHR Personnel Services Analyst will calculate seniority points based on the full time equivalent service of the affected employees. One point shall be assigned for each month on pay status at 100% through the proposed date of layoff. A proportionate percent of a point will be assigned for each month on pay status less than 100% time. Employment prior to a break in service shall not be counted when calculating seniority points.

b) Letter of Justification

The order of layoff of employees in the same classification within a department or layoff unit is in inverse order of seniority, except when an employee possesses special skills, knowledge, or abilities that are essential to perform the job functions and to meet the department's operational needs. When such situations exist, the department shall:

i. determine if there are any affected individuals possessing special skills, knowledge, or abilities to perform certain functions which are essential to the job and to the department's operations; and who, therefore, need to be retained regardless of seniority; and,

ii. prepare a separate " Letter of Justification" documenting the rationale used for retaining each employee out of seniority order.

c) Approval of Retention out of Seniority Order

The CHR Employee/Labor Relations Manager shall approve or disapprove in writing the retention of an employee outside of seniority order.

3. Notice of Layoff or Reduction in Time

a) An employee shall receive at least thirty (30) calendar days' advance written notice prior to indefinite layoff or reduction in time, whenever feasible.

b) The written notice shall include all memoranda of justification which gave rise to the retention of employees out of seniority order.

c) If less than thirty (30) calendar days notice is given, the employee shall receive pay in lieu of notice for each additional day the employee would have been on pay status had the employee been given thirty (30) calendar days' notice.

D. TEMPORARY LAYOFF AND TEMPORARY REDUCTION IN TIME

Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section D.

E. INDEFINITE LAYOFF AND INDEFINITE REDUCTION IN TIME

Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section E.

F. REEMPLOYMENT FROM INDEFINITE LAYOFF

The following describes the employee's layoff benefits and the supervisor's responsibilities when making hiring decisions regarding employees exercising their right to recall and preference:

1. Right to Recall

Upon notice of a career vacancy, the department shall review the list of employees on active layoff status from that department who are in the same classification to determine if any are eligible and qualified to fill the vacancy. If no laid off employees meet the qualifications required for the essential duties, the position can then be open to recruitment.

2. Rights of Preference (Reemployment)

An employee on active or pending layoff status must advise CHR of her/his decision to activate preference.

3. Trial Employment

a) An employee re-hired under preference for reemployment to a career position may serve a trial employment period of up to six months.

b) Employees re-hired from the layoff pool shall be issued a letter stating that they are in trial employment status.

c) During the period of trial employment, at least one (1) performance evaluation will be issued to the affected employee.

d) At any time during the trial employment period, either the employee or the supervisor may request a return to layoff status for the employee.

e) Upon return to layoff status, the employee's eligibility for preference and recall shall be restored for the period remaining prior to the beginning of the trial employment period.

f) Supervisors shall have no authority to extend the trial employment period beyond six months without the written approval of CHR.

4. Disqualification for Recall and Preference to a Vacant Position

a) The department can disqualify a preferential rehire candidate if he or she does not possess the minimum qualifications for the position. The reasons for rejection shall be provided by the department in writing to CHR Staff Employment.

b) The reason(s) for disqualification shall be related to the minimum requirements for satisfactory job performance and based on information obtained from the application, interview, or other job-related sources.

G. CONTINUATION OF RIGHT TO RECALL AND PREFERENCE FOR REEMPLOYMENT

Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section G.

H. TERMINATION OF RIGHT TO RECALL AND PREFERENCE

Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section H.

I. SERVICE UPON REEMPLOYMENT

Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions), Section I.

J. SEVERANCE PAY

A regular status employee who has been laid off indefinitely or whose time has been reduced indefinitely shall have the option of severance pay in lieu of preference for reemployment and the right to recall.

An employee who elects severance pay in lieu of preference for reemployment and the right to recall shall be paid a lump sum amount of one week (5 workdays) of salary for each full year of service from the most recent break in service, up to a maximum of 16 weeks of base pay.

1. This option shall be offered to the employee in the Notice of Layoff.
1. The Notice shall indicate the number of weeks or workdays of base pay the employee will be eligible to receive.
2. Departments should contact the Personnel Services Unit in Campus Human Resources for assistance in determining this information.
3. Departments with layoff candidates paid through extramural fund sources should contact the Office of Contract and Grant Administration for instructions on charging severance pay.

• An employee selecting the severance option must do so in writing as soon as possible or no later than fourteen days from the date of the notice of layoff.  Refer to the Severance Election Form, available at: http://www.chr.ucla.edu/chr/ps/forms/serv_elect_form.pdf
• Once notified, the department shall process the severance payment.
• The employee shall receive the severance payment on the last day on pay status.

2. An employee who has received severance pay under this policy and who returns to work in a career position with the University at the same or higher salary and at the same percentage of time as the position held at the time of layoff shall repay to the University any portion of severance pay received that is in excess of the time the employee was on layoff status.

·        Local Procedures to be developed