Departments retain the discretion to determine what composition of knowledge, skills, and abilities and the number of staff required for the proper functioning of a department; therefore, factors such as unique knowledge, skills, abilities, training, performance, or other relevant factors may take precedence over consideration of seniority in making decisions regarding layoff. When these factors impact the efficient operation of the department and/or an employee's ability to perform the job, a department may determine that all things are not equal and consider these attributes to justify the retention of a less senior employee.
If an employee is reemployed during the period of the layoff leave of absence, the sick leave will be reinstated; otherwise, the sick leave is lost after expiration of the layoff leave of absence.
The employee retains personal days during the layoff leave of absence but any unused personal days are lost on the employee's anniversary date. Employees should be provided an opportunity to use the personal days prior to commencing a layoff leave of absence.
The compensatory time should be paid to the employee in a lump sum at the time his/her last check is issued.
Yes. It is permissible at the department's discretion to provide for payment in lieu of two (2) weeks notice. When payment in lieu of notice is utilized, the effective date of the layoff is at the end of the two (2) week period. The status of an employee who receives payment in lieu of notice is the same as though the employee were actually working those last two (2) weeks.
Vacation should be taken prior to the ending date of the appointment, or paid out as lump sum at termination. Expiration of an appointment is not a layoff, although employees with five (5) years or more of continuous service are entitled to some of the benefits of a layoff.
No. An employee does have departmental preferential hiring rights for the duration of the leave of absence and retains seniority in the department during this period. Upon expiration of a layoff leave, if the employee has not located a position, the employee will be terminated. For Service and Maintenance employees, see "Understanding of Policies" Article VII in the Employee Relations section of the manual.
No. The employee cannot be required to use accrued vacation during the two (2) week notice period.
HR 117 Layoffs provides that an employee in a layoff leave of absence is eligible to continue participating in the following benefit programs: medical, dental, life, accidental death and long-term disability. Employees notified of a layoff should contact Faculty and Staff Benefits.
Failure to return to work when offered a comparable position in the same department and at least the same salary range will result in termination. The position must be 75% FTE or greater. An employee will not be terminated for refusing a nonregular position.
Date Created: 9/26/97
Last Updated: 11/1/2000