The following material provides key information regarding Policy 60, Layoff and Reduction in Time from Professional and Support Career Positions July 1, 2003 covering non-represented employees. Please remember to read this entire policy as well as the Berkeley Campus Implementing Procedures Policy 60, which supplements Policy 60 when you are considering a layoff or reduction in time. Remember to contact your Department Human Resources Manager and Employee Relations Consultant as soon as you believe a layoff may be necessary.
Deciding Who to Layoff (Indefinite Layoff, or Indefinite Reduction in Time Layoff
- Employees are laid off in inverse order of seniority.
- In limited circumstances, you may retain a less senior employee on the basis of special skills, knowledge or abilities that are not possessed by other employees in the same classification and same salary grade (in the event of a classification assigned to different salary grades), and which are necessary to maintain the operations of the department. You must be prepared to defend an out-of-seniority layoff.
- You should minimize indefinite layoffs from career positions by first reviewing the necessity for existing limited or casual/restricted positions within the layoff unit. When an employee as been given notice of an indefinite layoff and a vacancy exists in an active career position in that employee's unit at the same classification and salary grade as the employee's current position, reassign the employee to that position, provided the employee is qualified to perform the duties of the position, or could acquire the qualifications following a reasonable period of training.
- If the department believes that an employee is not qualified for reassignment to a vacant career position, non-reassignment must be documented before listing a career vacancy. The department should advise an employee if a position at a lower salary level or at a lesser percentage of time is available. However, the employee does not have to accept such a position.
- The employee may request to be laid off out of seniority. The request from the employee should be in writing.
When the Decision to Layoff (Indefinite Layoff, or Indefinite Reduction in Time Layoff) is Made
Notice of Indefinite Layoff, or Indefinite Reduction in Time Layoff
- A letter noticing the employee of the effective date of the layoff must be sent to the employee.
- Thirty (30) calendar days advance notice of an indefinite layoff or indefinite reduction in time must be given, or shall receive pay in lieu of notice.
Severance (Indefinite Layoff, or Indefinite Reduction in Time Layoff)
- Employees have 14 calendar days to elect severance.
- One week of severance (5 workdays) for each full year of service from the most recent break in service up to a maximum 16 weeks of base pay.
- If an indefinite reduction in time, the amount of severance is for the percentage of time reduced for eligible number of weeks.
- Calculations of severance pay must be considered during the planning of a layoff.
- An employee who has received severance pay and returns to work in a career position 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 if severance pay received that is in excess of the time the employee was on layoff status. [Contact Labor Relations for instructions as soon as the decision to rehire is made.]
Temporary Layoff or Temporary Reduction in Time
- A temporary layoff or a temporary reduction in time shall not exceed four (4) calendar months.
- Whenever possible, a written notice of temporary layoff or temporary reduction in time shall be given to the employee at least thirty (30) calendar days before the effective date. The notice should include a return to work date.
- Seniority (or classification) does not apply in the selection for temporary layoff or temporary reduction in time.
- The employee does not have preference or recall rights. There is no severance option.
The following chart shows an employee's rights by type of layoff action. The model letters shown on the chart can be found on this website.
|TYPE OF LAYOFF ACTION||ENTITLEMENT||Model Layoff Letters|
|Indefinite layoff||severance OR recall and preferential rehire||Model Letter 1|
|Indefinite layoff reduction in time||severance OR recall and preferential rehire||Model Letter 2|
|Temporary layoff||Model Letter 3|
|Temporary reduction in time layoff||Model Letter 4|
Attachments to Layoff Letter