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Overview
This guide is designed to assist academic appointees impacted by layoff, including involuntary reduction in time. The guide is general in nature and is not intended to substitute for the layoff provisions contained in academic personnel policies or collective bargaining agreements. Prior to the initiation of a layoff action, all relevant academic personnel policies and collective bargaining agreements are carefully consulted.
A layoff is a separation from employment, or an involuntary reduction in the percentage of time of appointment, prior to the expiration of the appointment because of programmatic or budgetary considerations, or lack of work. Academic appointees with term appointments are considered to be separated from employment at the expiration of such appointments. This separation does not constitute a layoff.
Layoff status begins on the effective date of the layoff or reduction in time and is limited to a maximum of one year. Layoff status may be less than one year if the term appointment would normally have expired, or reappointment occurs within the campus to the same or equivalent position (i.e., same or higher percent time, and same or higher title, including rank and step).
Policies, Procedures & Collective Bargaining Agreements
Layoff and Involuntary Reduction in Time of Non-Senate Academic Appointees, Campus Academic Personnel Policy 004.145
Postdoctoral Scholar Series, Campus Academic Personnel Policy 610.390
Recall from Layoff Status and Preferential Re-Employment, Campus Academic Personnel Policy 004.145 (see Sections K and L).
Collective Bargaining Agreements
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Employee Rights
Right to Recall
If a vacant position is to be filled in the same unit and the same title or title series from which the appointee was laid off or involuntarily reduced in time, the unit must recall the appointee back to work provided the appointee is still on layoff status and is qualified for the position and is available to begin work within a reasonable amount of time. If more than one qualified appointee is on layoff status, the order of recall shall be in order of seniority.
Preferential Rehire
If a vacant position is to be filled in any campus unit in the same title or title series, and at the same or lower rank as the position from which an appointee was laid off or involuntarily reduced in time, the hiring unit shall grant preference for re-employment to appointees on layoff status or appointees who have received written notice of layoff or involuntary reduction in time within the six months prior to the implementation of the noticed action.
Refer to the applicable personnel policy or collective bargaining agreement for specific provisions.
Filing a Grievance
Non-represented employees who are laid off may file a grievance with the Academic Personnel Office Labor Relations within thirty calendar days from the date of the written layoff notice. See the campus academic personnel manual (CAPM 008.140 ) for more information.
Represented employees who are laid off may file a grievance with the Labor Relations Office within thirty calendar days from the date of the written layoff notice. See the applicable collective bargaining agreement for more information.
FAQ'S: Preferential Rehire
Frequently Asked Questions - Preferential Rehire Program for Non-Represented Academic Employees
(NOTE: For represented employees, see applicable collective bargaining agreement)
1. Who is eligible to participate in the preferential rehire program?
An academic employee who is on layoff status is eligible to participate in this program. Layoff status begins on the effective date of the layoff or reduction in time and is limited to a maximum of one year. Layoff status may be less that one year if the term appointment would normally have expired or if re-employment occurs within the campus to the same or equivalent position.
In addition, an academic employee who has received written notice of layoff or reduction within the six months prior to the effective date of the noticed action is eligible to participate in the preferential rehire program.
2. What rights do program participant have?
Rights include preference for re-employment to any open vacancy on this campus in the same title or title series, and at the same or lower rank as the position from which the employee was laid off or had their time reduced.
3. How will program participants be noticed of upcoming vacancies?
Preferential rehire candidates are responsible for tracking and monitoring new postings; documenting their preferential rehire status on application materials; and applying on or before the initial review date.
New employment opportunities are posted regularly on the Academic Personnel Office website at: http://apo.ucsc.edu/academic_employment/Employment_opportunities_bulletin.htm
4. What happens after the preferential rehire candidate submits their application materials?
Criteria outlined in the appropriate policy are used to determine the applicant's eligibility for preferential rehire status.
If eligible, the Hiring Manager and/or Search Committee will review the individual's application materials to assess the preferential rehire candidate's ability to meet all of the required qualifications of the position. This could include review of application materials, interview and reference checking.
If the candidate demonstrates an ability to meet the all of the advertised requirements, the Hiring Manager and/or Search Committee shall designate the individual as the selected candidate for the position, and shall submit the recruitment documentation for processing.
5. If an employee accepts another position at UCSC or another employer prior to the effective date of the layoff, will they retain their preferential rehire rights?
No. This is considered a voluntary resignation, which terminates recall and preferential rehire rights.
6. Can an individual on layoff status take a UCSC position without jeopardizing their rights for preferential rehire?
Yes, however, appointment to the same or equivalent position on campus (i.e., same or higher percent time, and same or higher title, including rank and step) terminates preferential rehire rights.
7. If re-employed during the period of layoff status, what is the effect on benefits?
Re-employment during the period of layoff status provides continuous or uninterrupted service (i.e., is treated as if there was no break in service) for the limited purpose of applying University policies concerning UCRP membership, seniority, sick leave, vacation, and eligibility for advancement (e.g., merit or promotion). However, benefits and credit for service, including those related to any retirement system, do not accrue during periods of layoff status.
8. Can a laid off employee retire and still be entitled to their rights to recall and preference for reemployment?
Yes, subject to UCRP guidelines for reemployment.
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Benefits
Layoff Benefits Checklist
The Indefinite Layoff Benefits Checklist explains how UC benefits are affected by a layoff.
Continuation of Group Insurance Coverage
Laid off employees may be eligible to continue university-sponsored health, dental, and vision coverage. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), as amended, gives eligible UC employees, annuitants, and their enrolled family members the right to temporarily continue health (medical, dental and/or vision) coverage in situations that would ordinarily cause an individual to lose group health coverage. More information regarding COBRA is available on the UC At Your Service web site.
Contact the UCSC Benefits Office for assistance.
Employee Assistant Program (EAP)
The UCSC Employee Assistance Program (EAP) offers confidential, no-cost assistance for a variety of personal or workplace concerns, ranging from stress and depression, to coping with grief and loss. Employees indefinitely laid off may continue to use the EAP for up to 6 months following their layoff date. Call 866/808-6205 24 hours a day, seven days a week for more information.
Unemployment Insurance
Please refer to the unemploymnet insurance information located on the Staff Human Resources Page
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Academic Employment
UCSC Academic Employment Opportunities
UC Systemwide Employment Opportunities
FAQs about Academic Employment
No. Calif. Higher Education Recruitment Consortium
Tools for seeking Academic employment
Other Resources
Contacts
Benefits Office
Campus Ombuds
Equal Employment Opportunity/Affirmative Action Office
Academic Personnel Office
Labor Relations Office
Union Representatives
Benefits Information
COBRA Continuation Coverage General Notice
COBRA Tip Sheet and 2011 Rates
Employee Assistance Program (EAP)
UC At Your Service - COBRA Forms and Resources
UC Indefinite Layoff Benefits Checklist
Unemployment Insurance
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