Complete List of Layoff FAQs
- What determines a layoff or reduction in time?
- Who makes the determination of what positions are proposed for layoff?
- Is layoff based on seniority?
- How is seniority calculated for the purpose of layoff?
- Is a reduction in time considered a layoff?
- What rights is a layoff candidate entitled to?
- Is the layoff candidate entitled to severance pay?
- What is preferential rehire?
- What are recall rights?
- What is the STOP program?
- What services are available through Human Resources for employees facing layoff?
- When does the layoff candidate receive his/her final paycheck?
- How does the department process the employee's leave accruals?
- Is layoff considered a break in service?
- What is the impact of layoff on the employee's insurance benefits?
- How does layoff impact the employee's retirement benefits?
- What resources are available for the employee regarding UC benefits and retirement plans?
- Are free counseling services available?
- What types of training opportunities are available to the layoff candidate?
- Are there any career counseling resources available?
- Is the employee entitled to release time to look for a new job?
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- What determines a layoff or reduction in time?
Indefinite layoffs and/or reductions in time for employees in career positions are implemented when there is a lack of funds, lack of work, or lack of work due to a reorganization.
- Who makes the determination of what positions are proposed for layoff?
The department head determines when layoffs are necessary, and shall identify the position(s) selected for layoff, due to a lack of funds or due to lack of work.
- Is a layoff based on seniority?
Yes. Generally, a layoff is based on seniority, which means that the lease senior person (the individual with the least amount of University service) in the identified classification is laid off. In some situations certain positions require very "special skills" which may require the retention of the employees in these positions. If this occurs, a more senior person may be laid off first - this is considered a "layoff based on special skills." There may be situations where a position requires special licensing or a credential that a more senior person in the classification cannot acquire within a reasonable period of time (3-6 months). The layoff documentation supporting special skills layoff must state that specific skills are required and why the senior person cannot acquire them in a reasonable amount of time.
- How is seniority calculated for the purpose of layoff?
Service time is computed for the impacted employees in terms of "seniority points." These points are computed based on the hours of University service time the employee has worked since the last break in service. Included in this calculation are hours worked in all career, academic, student (casual restricted) and limited appointments.
- Is a reduction in time considered a layoff?
Yes. If a career employee's time is involuntarily reduced, it is considered a layoff, and the employee is entitled to layoff rights. If the employee voluntarily requests a reduction in time, this is not a layoff.
- What rights is the layoff candidate entitled to?
Employees who have been laid off have the right to grieve the layoff action in accordance with the applicable contract or policy by which they are covered. Refer to the applicable contract/policy on the web at: http://www.hr.ucdavis.edu/Elr/Policy
- Is the layoff candidate entitled to severance pay?
Most union contracts and Personnel Policies for Staff Members (PPSM) specify the terms of severance pay and the manner in which the employee may elect severance pay.
- What is preferential rehire?
An employee with preferential rehire rights will receive preferential consideration for any active and vacant career position when the position is at the same or lower salary grade, and at the same or lesser percentage of time. Preference entitles layoff candidates to have their applications forwarded to the hiring department before all other applications are forwarded. Preference is granted provided the employee is qualified to perform the duties and responsibilities assigned to the position.
- What are recall rights?
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 on the applicable contract or policy.
- What is the STOP program?
Special Transfer Opportunity Program (STOP). STOP allows Schools/Colleges/Divisions to fill provisions within their units that have not yet been designated for open recruitment. These provisions may be filled through the internal, voluntary transfer of staff employees who have been identified for layoff.
- What services are available through Human Resources for employees facing layoff?
Human Resources offers a variety of services to employees facing layoff.
Services include:
- Academic and Staff Assistance Program: Confidential, cost-free assessment, consultation and referral services, as well as dealing with the emotional impact of layoff.
- Benefits: See the Indefinite Layoff Checklist at http://atyourservice.ucop.edu/ or make an individual appointment with a Benefits Counselor at (530) 752-1774 for information about the effects of a layoff on your insurance and retirement benefits.
- Temporary Employment Services: individual consulting on the employment application process and resource information on job development agencies in regional areas, as well as resume review and preparation for job searches. Individuals may apply at TES for temporary employment. TES also offers a 4-hour DaFIS training module.
- Staff Development & Professional Services: Confidential, cost-free, individualized career counseling services, resources from the Career Management Library, and reduced fee programs for job-related training and development.
For more information, please see the layoff website.
- When does the layoff candidate receive his/her final paycheck?
The laid off employee receives their final paycheck on the last day of work, at the regular place of work. If the employee receives pay in lieu of notice, the check is paid at the time of notice for all future wages.
- How does the department process the employee's leave accruals?
Vacation is paid out to the employee. Sick leave is reinstated upon reemployment.
- Is layoff considered a break in service?
No, layoffs are not considered a break in service.
- What is the impact of layoff on the employee's insurance benefits?
Medical, dental and optical coverage ends on the last day of the period for which the employee has an eligible appointment and premiums are paid. For example: if the layoff date is June 30, the final July 1 paycheck will pay premiums for the month of July, and coverage would 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 COBRA Continuation of Group Insurance Coverage notice.
Coverage end dates and conversion privileges vary for 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 Indefinite Layoff Benefits Checklist for additional information about any of these insurance plans. - How does layoff impact the employee's retirement benefits?
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, he/she 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 & 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. - What resources are available for the employee regarding UC benefits and retirement plans?
Several publications are available that provide additional information, including: Indefinite Layoff Benefits Checklist, Termination of Employment Benefits Checklist, Continuation of Group Insurance Coverage (COBRA) Notice and the University of California Retirement Handbook. These materials are available from the campus Benefits Office and the UCOP website. Benefits Representatives are available from the campus Benefits Office at 530-752-1774 between 8:30 - 4:00.
- Are free counseling services available?
Yes, all of the services at Academic and Staff Assistance Program (ASAP) are available to faculty, staff, and their immediate family members free of charge. The employee should contact ASAP at 530-752-2727 for individual counseling for personal or work related problems. Services are available through the month following the employee's layoff month. For example, if the employee is laid off in June 2008, ASAP services would be available through July 2008.
- What types of training opportunities are available to the layoff candidate?
The employee is entitled to take any of the Staff Development & Professional Services courses without charge. The employee determines which courses support their re-training effort and then contact their Employee Relations Consultant to enroll. Staff Employee Support (SES) funding may be available for job-related training as well, and the Employee Relations Consultant can provide further information about this program. In addition, during the period of time the employee retains preferential rehire rights, UC Davis and UC Davis Extension reduced fee programs may be available.
- Are there any career counseling resources available?
One-on-one, confidential career counseling sessions are available to the employee at no charge. Career counseling services include exploration of career options, career assessments, goal setting and action planning, resume writing assistance, job search coaching, review of application materials and interview coaching. Appointments can be scheduled through Staff Development & Professional Services by calling (530) 752-1766. These services are provided at no cost to the employee.
- Is the employee entitled to release time to look for a new job?
Yes. With reasonable notice, an employee shall be granted reasonable time off with pay to interview for University positions. Contract language varies from contract to contract. The employee should refer to the contract for specific language relating to release time.
- What determines a layoff or reduction in time?