The following material provides key information regarding Article 15, Layoff and Reduction in Time in the UC-AFSCME Agreement covering Patient Care Technical Unit employees. The Article covers temporary and indefinite layoffs and reductions in time.
Please remember to read the contract article in its entirety when you are considering a layoff or reduction in time. Remember to contact your respective Berkeley Regional Services (BRS) HR Business Partner and Employee Relations as soon as you believe a layoff may be necessary.
Temporary Layoffs
A temporary layoff is a layoff in which the University specifies a date for return to work of not more than 4 months (120 calendar days). Temporary reduction in time is an action whereby the employee's appointment rate is reduced for a period of not more than 4 months (120 calendar days).
Seniority does not apply in the selection of employees chosen for a temporary layoff. Employees who are subject to a temporary layoff do not have preferential rehire rights or recall rights, and do not have the option to receive severance pay.
Please visit the Labor Forms & Letters page for the most up to date temporary layoff, indefinite layoff, and reduction in time letter templates. Use the appropriate template to provide notice to employees. Please be sure to review the explanatory notes that follow each model letter for details about notice requirements, benefits, return to work considerations, attachments and other important information.
Indefinite Layoffs
Deciding Who To Layoff
- Employees are laid off in inverse order of seniority.
- You may retain a less senior employee on the basis of special skills.
When The Decision To Layoff Is Made
- Complete Attachment A, Information Regarding Layoffs (Word), and forward to your Employee Relations Consultant.
Notice Of A Layoff
- A letter noticing the employee of the effective date of the layoff must be sent to the employee and AFSCME.
- Thirty calendar (30) days advance notice of a layoff should be given, if feasible.
- Fifteen days notice is required; however, up to 15 days of the 15 day period may be pay in lieu of notice.
- Forty-five (45) days notice must be given to AFSCME if five (5) or more FTE in the same layoff unit are scheduled to be laid off on the same effective date.
- The following chart shows what an employee’s rights are by type of layoff action. The model letters shown on the chart can be found at the end of this document.
Model Letters
| Type Of Layoff Action | Entitlement | Model Layoff Letters |
|---|---|---|
| indefinite layoff | recall and preferential rehire | Letter No. 1 |
| indefinite reduction in hours of work | recall and preferential rehire | Letter No. 2 |
| transfer from career to non-career position | recall and preferential rehire | Letter No. 3 |
Please visit the Labor Forms & Letters page for the most up to date letter templates.
Recall and Preferential Rehire Eligibility
| Years of Service | Recall | Preference |
|---|---|---|
| Less than 5 years | 3 years | 1 year |
| Five or more years | 3 years | 2 years |
| 10 or more years | 3 years | 3 years |
Severance
- Employees have 14 calendar days to elect severance.
- The amount of severance is calculated on the percentage of employment.
- Employees whose time was reduced during the 60 calendar days prior to the indefinite layoff are eligible for severance based on their percentage of employment prior to the reduction in time.
Severance Calculations
| less than 5 years service | 2 weeks or 10 days |
|---|---|
| 5 or more years service | 5 weeks, plus one-week severance for each additional year of service up to a maximum of sixteen (16) |
Severance Payback
- All employees rehired to a career position before the expiration of the number of weeks for which the employee has received severance payments are required to pay back the remaining severance amounts as a condition of employment. [Contact Labor Relations for instructions as soon as the decision to rehire is made.]
- The repayment will be on a proportional basis if the position to which the employee is rehired is at a different percentage than the original appointment.