Chapter 350: Labor Policy
Bd. Exec. Comm Min. 2-19-67, p. 2,163; Amended Bd. Min. 9-7-79; 7-22-83; 7-27-84; 7-26-85; 9-26-97; 6-5-09.
Layoff is defined as the cessation of regular employment due to a permanent or temporary reduction in force. Employees laid off due to a reduction in force retain seniority accumulated to the date of layoff, for a period not to exceed one year. All things being equal, job security shall be commensurate with an employee's seniority. If the abilities, skills, training, and other relevant qualifications to fill existing positions are considered equivalent among affected employees, the employee with the longest seniority will be retained and the employee with the shortest seniority will be the first to be laid off.
The University reserves the right in any given instance, to determine if an employee possesses the relevant qualifications such as ability, training, and skill to fill the position.
A. Seniority -- For regular Administrative, Service and Support employees, other than Service and Maintenance personnel, seniority consists of continuous service in the same department. If relative service among employees is equal, the employee with the greatest University service is the most senior employee. For Service and Maintenance employees, see Understanding of Policies, Article VIII, Seniority. The definition of seniority for service and maintenance employees as outlined in theUnderstanding of Policies is applicable only if the University has a signed agreement with the unions. If no agreement exists, the definition of seniority for regular Administrative, Service and Support employees will apply.
B. Retention and Accrual -- Seniority accrues from the first day of regular employment. Seniority should not impact employment decisions for regular employees until the completion of the probationary period. An employee who is laid off retains his/her seniority for a period of one year from the effective date of the layoff but does not continue to accrue seniority during the layoff leave of absence. In the event an employee who is notified of a layoff or who has been laid off transfers to another department, he/she continues to maintain seniority in the department where the layoff occurred for a period of one year from the effective date of the layoff or the transfer, whichever occurs first. During a work-related injury or military leave of absence, an employee continues to accrue seniority.
C. Recall -- The University shall, in its sole discretion, after a reduction in force, determine the occasion and the advisability of recall of part or all of the laid off employees. The University shall consider seniority, ability, and qualifications, as well as the nature of the jobs for which the employees will be recalled.
D. Hiring Preference -- Employees retain preferential hiring rights in the department in which they have been laid off. "Hiring preference" within a department shall mean that if laid off departmental employees meet the stated qualifications the department may only consider the laid off employee(s) and other benefit eligible employees in the same department for openings in that department. "Department" is defined as an organizational entity that has fiscal, programmatic and administrative responsibilities for employees.
E. Eligibility -- Regular Administrative, Service and Support employees who have satisfactorily completed their probationary periods are covered by this policy with the exception of executive and managerial employees.
F. Benefits -- Eligible employees with a minimum of five (5) years of continuous regular employment with the University immediately prior to layoff will be placed on a layoff leave of absence for one (1) year from the effective date of layoff. Eligible employees with less than five (5) years of continuous regular employment with the University immediately prior to layoff, will be placed on a layoff leave of absence for three (3) months from the effective date of layoff. During the layoff leave of absence, the employee would be eligible to participate in the University's benefit programs. The University will continue to pay its portion of the benefit premiums during the layoff leave of absence.
G. Service Credit -- The period of leave of absence is excluded in computing length of service under the University of Missouri Retirement, Disability, and Death Benefit Plan; however, the leave of absence does not constitute an interruption of service. A layoff leave of absence does not count toward vesting in the University of Missouri Retirement, Disability and Death Benefit Plan.
Previous Rule: 350.040 Standby, Call-In and Call-Back, UMC