Frequently Asked Questions
Managers & Supervisors
- How much time is required to notify the employee of the effective date of the layoff?
- Some contracts state that for an indefinite layoff, the University shall give 60 calendar days notice, if feasible. What is considered feasible?
- Does experience at other University Campuses count toward seniority point calculations?
- What is the procedure if CUE is in disagreement with a waiver during the bumping rights process?
- When a layoff needs to be implemented, can a department proceed and have an employee apply their seniority bumping rights without notification to the Union?
- In regards to layoffs, what is “Made Whole or Better?”
- If an employee is reduced in time, is that employee still entitled to Recall and Preferential Rehire Rights?
- If a preferential candidate is rehired by a department after being laid off, does the employee have to serve a probationary period?
- If a preferential candidate is being rehired into a lower classification than what he/she was laid off from, does the employee have a right to refuse the position?
- If an employee is laid off and is subsequently rehired preferentially or recalled, must the employee be rehired at the same salary they were being paid at the time of layoff?
- If an employee is rehired to a career position during his period of recall/rehire outside of the preferential rehire process, are they required to serve a new probationary period?
- Is the layoff process the same for Senior Management Employees (MSP level) as it is for PSS and bargaining unit employees?
- During the layoff process, is it a requirement to notify the Union that 50 percent of a position is being reassigned to another position outside of the bargaining unit, and when would the notification take place?
How much time is required to notify the employee of the effective date of the layoff?
For non-represented PSS employees, University policy requires a minimum of 30 days notice. Union contracts require a minimum of 30 or 60 days notice, if feasible, and provide for pay in lieu of notice. Because the notice period and in lieu of pay requirements vary by contract, review the applicable contract or policy for details.
Some contracts state that for an indefinite layoff, the University shall give 60 calendar days notice, if feasible. What is considered feasible?
The department must have a valid business reason for providing less than sixty (60) days notice. For example, stating that funding on a grant has expired or that the department reorganized and eliminated the position would not provide valid reasons. In each of these cases the department would have advance knowledge of the events underlying the layoff and it is feasible that the department could have planned accordingly. However, if a PI unexpectedly resigns and takes his/her research money with them, it would not be feasible for the department to have anticipated this event and the department may provide less than 60 days notice. The time limits for minimum notice vary by policy and union contract, so review the applicable contract or policy for details.
Does experience at other University Campuses count toward seniority point calculations?
Yes. University service is not limited to UCSF employment, but includes all hours worked as a University of California employee and may include time served in a former classification or position at UCSF, another campus or laboratory so long as there was no break in service.
What is the procedure if CUE is in disagreement with a waiver during the bumping rights process?
If CUE disagrees with an employee’s request to waive his/her seniority bumping rights, the department must initiate the layoff of the least senior employee in the class and layoff unit in compliance with the collective bargaining agreement.
When a layoff needs to be implemented, can a department proceed and have an employee apply their seniority bumping rights without notification to the Union?
The collective bargaining agreements do not require that the unions be notified when an employee exercises his/her seniority rights. It is important to remember that a department may not issue the Notice of Layoff until after the employee identified for layoff has exercised their seniority rights under the collective bargaining agreement or University policy.
In regards to layoffs, what is “Made Whole or Better?”
The concept of not disadvantaging an employee whose position is targeted for layoff by requiring him/her to bump a less senior employee appointed at a lower percentage than the targeted employee. To preserve the percentage of appointment of the senior employee targeted for layoff, he/she will bump other less senior employees whose percentage appointments are more comparable to, equal to or even greater than the targeted employee’s.
If an employee is reduced in time, is that employee still entitled to Recall and Preferential Rehire Rights?
Yes. An indefinite reduction in time is considered a layoff. An employee whose time has been indefinitely reduced, and who elects preferential rehire and recall rights, is entitled to be considered for vacant career position(s) at the same or lesser percentage of time as the position from which the employee was laid off. In no event can the employee hold an appointment or appointments greater than 100 percent.
If a preferential candidate is rehired by a department after being laid off, does the employee have to serve a probationary period?
With the exception of employees represented by CNA, the Building Trades, FUPOA and the AFT (Librarians, and Non-Senate Lecturers), employees who are preferentially rehired from layoff status serve a six month ‘trial’ period of employment. An employee who fails to perform satisfactorily may, at any time during this six (6) month ‘trial’ period, be returned to layoff status with restoration of full preferential rehire status. In addition, except for HX employees, an employee, at his or her option, may request to be returned to layoff status within 60 calendar days of rehire. The time on job status is not counted against the preferential rehire eligibility time.
If a preferential candidate is being rehired into a lower classification than what he/she was laid off from, does the employee have a right to refuse the position?
An employee may refuse a preferential offer of re-employment into a lower classification. However, an employee may lose his/her preferential rehire rights if he/she refuses a preferential job offer at the same or higher salary and same percentage of time. The number of refusals allowed varies by policy and union contract, so review the applicable contract or policy for details.
If an employee is laid off and is subsequently rehired preferentially or recalled, must the employee be rehired at the same salary they were being paid at the time of layoff?
No. The union contracts and University policy do not require that an employee preferentially rehired or recalled into a new position receive the same salary as they received prior to layoff. In setting the salary, a department may take into consideration budget limitations and equity with other employees.
If an employee is rehired to a career position during his period of recall/rehire outside of the preferential rehire process, are they required to serve a new probationary period?
No, if an employee is hired within the period of recall, there is no break in service and therefore the employee would not be required to serve a probationary period.
Is the layoff process the same for managers and senior professionals (MSP level) as it is for PSS and bargaining unit employees?
No. According to PPSM Policy 65 - Termination of Career Employees—Managers and Senior Professionals, Salary Grades I through VII, an MSP level employee may be terminated when, in management’s judgment, the needs or resources of a department …do not justify the continuation of an employee’s appointment. MSP level employees are issued a notice of intent to terminate and do not have ‘bumping’, preferential rehire or recall rights. Department’s contemplating termination of a MSP level employee due to layoff, should provide a written justification for the reason for layoff e.g. lack of work, lack of fund and/or reorganization for review by Labor and Employee Relations.
During the layoff process, is it a requirement to notify the Union that 50 percent of a position is being reassigned to another position outside of the bargaining unit, and when would the notification take place?
Yes. In general the UC labor agreements require that if the University intends to replace a major portion of a bargaining unit position with a position in a classification outside of the unit, the University shall notify the union in writing at least thirty (30) calendar days prior to the proposed implementation.
About Your Layoff and Re-employment Rights
- What are my rights in a layoff?
- What determines a layoff or reduction in time?
- Is a reduction in time considered a layoff?
- When can an employee be notified of layoff or reduction in time?
- How is seniority calculated?
- What is an out-of-seniority layoff?
- What is the difference between a right to recall and a right to preference for re-employment?
- If an employee elects severance, does this affect the right to recall and preferential rehire rights?
- Is severance provided to laid off employees?
- What types of jobs does preferential rehire cover? Do they need to be at the same level, hours, salary, etc.?
- If I refuse a job offer, how will that affect my eligibility for recall and preferential rehire rights?
- How many jobs can I apply for under preferential rehire?
- If I accept a job outside of UCOP, do I still have preferential rehire rights?
- How does the recall process work?
- Is there a trial period for jobs I accept through recall or preferential rehire, and is this the same as the standard probationary period?
- Can I accept a temporary or limited position while I’m eligible for preferential rehire?
- How does the preferential rehire process work if several laid-off employees apply for the same position?
- Can I work on my resume and go to interviews during work time?
- If I apply for jobs at UCOP or within the UC System, can they see my personnel file?
About Your Benefits
- Where can I get information about how my benefits are affected by a layoff?
- Can I get unemployment insurance?
- What happens to my health and insurance benefits if I am laid off?
- Are support groups or individual counseling available through my medical plan?
- If I am eligible to retire, what steps should I take to maintain eligibility for health and dental insurance as a retiree?
- How will my retirement benefits be calculated if I accept a position at a lower compensation level?
What are my rights in a layoff?
Layoff of exclusively-represented career employees in the same layoff unit and same job classification occurs in the inverse order of seniority. Layoff of policy-covered employees in the same layoff unit and same job classification occurs based on relevant skills, knowledge and abilities, documented performance and length of service. All University employees have certain rights in relation to layoff, unless they are Managers and Senior Professionals in Salary Grades I and IX or in the Executive Management Program. Your rights may vary depending upon the union contract or personnel policy that governs your position. These rights may include preference for reemployment and recall to the job from which you are laid off. You may be eligible for severance pay. To learn what you are eligible for, read the union contract or Personnel Policies for Staff Members that covers your position, in the section(s) relating to layoff or reductions in time.
If you believe your layoff violates the union contract or personnel policy covering your position, you may file a grievance (under union contracts) or a complaint (under Personnel Policies for Staff Members). The grievance and complaint procedures are included in the union contracts and in Personnel Policies for Staff Members.
What determines a layoff or reduction in time?
Indefinite layoffs and/or reductions in time for employees in career positions are implemented when there is a lack of funds, lack of work, or lack of work due to reorganization.
Is reduction in time considered a layoff?
Yes. If a career employee’s time is involuntarily reduced, it is considered a layoff, and the employee is entitled to layoff rights.
When can an employee be notified of layoff or reduction in time?
Employees should not be formally notified of their layoff or reduction in time until after Labor and Employee Relations advises the department to proceed with the proposed layoff action. An employee is required to be notified thirty (30) or sixty (60) days, depending on policy or contract, prior to the effective date of the layoff and whether the layoff is temporary or indefinite. The period of notice is provided for by University policy or your collective bargaining agreement.
How is seniority calculated?
Seniority is calculated by full-time equivalent months (or hours) of continuous University service or by most recent date of hire in any job classification into a career position as provided for by University policy or your collective bargaining agreement. Employment prior to a break in service (separation from employment status) shall not be counted.
What is an out-of-seniority layoff?
In some situations, less senior employees (determined by amount of service with the University) in the affected classification may be retained based upon special skills, knowledge or abilities that are not possessed by other employees in the same classification and that are necessary to maintain the operations of the department.
What is the difference between a right to recall and a right to preference for re-employment?
In most cases, an employee who has been laid off or indefinitely reduced in time shall be recalled in order of seniority into any active and vacant career position for which the employee is qualified, when the position is in the same classification and the same department at the same or lesser percentage of time as the position held at the time of layoff. Preference for re-employment is generally applicable to any active and vacant career position at the same campus, the same or lower salary grade, and at the same or lesser percent of time, provided the employee is qualified for the position.
If an employee elects severance, does this affect the right to recall and preferential rehire rights?
In most cases, employees may elect either severance or right to recall and preferential rehire rights. An UPTE represented employee with five (5) or more years of service my elect reduced severance and reduced preferential rehire and recall.
Is severance provided to laid off employees?
In general, an employee who has been laid off is eligible to receive severance pay. Refer to the University policy or collective bargaining agreements to find out whether severance pay is applicable.
What types of jobs does preferential rehire cover? Do they need to be at the same level, hours, salary, etc.?
Preferential rehire covers any open, vacant position for which you are qualified and which is at the same salary or lower salary range maximum as your former position. If you are covered by a bargaining unit, preferential rehire rights only apply to positions within that bargaining unit.
If I refuse a job offer, how will that affect my eligibility for recall and preferential rehire rights?
Refusing a job offer while you are on preferential rehire or recall status may cause you to lose your preferential rehire and recall rights. The number of refusals allowed varies by policy and union contract, so you should check the contract or policy that governs your employment for details.
How many jobs can I apply for under preferential rehire?
You can apply for as many jobs as you wish, as long as they meet the eligibility requirements for preferential rehire under the contract or policies that govern your employment and as long as you meet the qualifications of the job.
If I accept a job outside of UCSF, do I still have preferential rehire rights?
If you accept any career position, your preferential rehire and recall rights terminate.
How does the recall process work?
If the same position opens up at the same level as the one you formerly held, a department representative will contact you. For that reason, it is important to keep your contact information current with your former department.
Is there a trial period for jobs I accept through recall or preferential rehire and is this the same as the standard probationary period?
Trial employment applies to preferential rehire, but not to recall. The difference between trial employment and probation is that if you are released during trial employment, you are placed back on layoff status without any loss of time towards your preferential rehire eligibility period.
Can I accept a temporary or limited position on campus while I’m eligible for preferential rehire?
You may be able to work in temporary assignments during this period, depending on your skills, the type of assignments available, and other eligibility criteria, based on current policies and contractual agreements.
How does the preferential rehire process work if several laid-off employees apply for the same position?
If several employees apply for the same position under preferential rehire rights, the hiring department will review the resumes in the order in which they were received.
Can I work on my resume and go to interviews during work time?
PPSM and many of the labor agreements (CUE, UPTE Research, UPTE Technical, AFSCME) provide for reasonable release time with pay for job interviews on campus (and comparable time for interviews on other campuses). Talk to your supervisor about the possibility of working on your resume or doing other job search activities that are not disruptive during work time.
If I apply for jobs at UCSF or within the UC System, can they see my personnel file?
Yes. Campus departments may review your personnel file before making a selection. It is a good idea to request a review of your personnel file so you’ll know what is in it and be better prepared for job interviews. You want to be able to give your perspective on anything that is in your personnel file, since the department may not review your personnel file until after the interview.
About Your Benefits
Where can I get information about how my benefits are affected by a layoff?
The links below provide information about how benefits are affected when an employee is laid off:
Can I get Unemployment Insurance?
Generally, you are eligible for unemployment insurance if you are laid off. However, if you choose to retire, you may NOT qualify. Note: You may not be eligible for Unemployment Insurance if you chose to be laid off or if you did not exercise your employment seniority rights. Contact your local Employee Development Department (EDD) or visit http://www.edd.ca.gov to file a claim and locate Unemployment Insurance benefits information.
The EDD Unemployment Insurance booklet is located on the EDD website as follows:
- Visit http://www.edd.ca.gov
- Click Forms & Publications in the left column under General Information
- Find Unemployment Insurance Publications and click Forms and Publications in this section
- Scroll down to the DE2320 publication For Your Benefit-California’s Programs for the Unemployed, which is available in English, Spanish, Chinese, and Vietnamese
What happens to my health and insurance benefits if I am laid off?
Indefinite Layoff - Coverage ends on the last day of the month in which the layoff occurs. Some benefits can be continued under Consolidated Omnibus Reconciliation Act (COBRA). You and/or your eligible family members may be eligible to continue your UC-sponsored medical, dental, vision, and Health Care Reimbursement Account (HCRA) under COBRA continuation. CONEXIS, UC’s COBRA administrator will send you a COBRA package within 30 days after the date of your separation. If you do not receive the package within that time, please follow up with CONEXIS Customer Service at 1-877-722-2667. Please note that there is a 60-day window to elect continuation coverage under COBRA. Generally, the 60-day window begins upon the later of: The last day of UC-sponsored coverage (this is usually the last day of the month following the month in which the Qualifying Event occurs), or, 60-days from the date COBRA notice is received.
Temporary Layoff - You may continue coverage for up to four months after the month your temporary layoff begins. UC’s contributions continue for up to three months in a calendar year beginning after your last paycheck with plan contributions. You must arrange in advance to pay the monthly premium(s) for the legal plan and your medical plan contributions (if applicable) directly to your local Benefits or Payroll Office.
Some coverage can be maintained for four months by paying premiums and then converted. You may continue your Supplemental Life, Dependent Life, Accidental Death, and Dismemberment for up to four months after the month your layoff begins. To make arrangements, contact the UCSF Benefits Office at 3333 California Street, Suite 330, San Francisco, CA 94143, Phone: 415/476-1400 Fax: 415/476-2328.
Some coverage can be converted: You may convert your Basic Life, Supplemental Life, and/or Dependent Life (each plan converts from group life to an individual policy) within 31 days of your coverage end date without proof of insurability. For more information, contact the Prudential Life Insurance Conversion Office at 1-877-889-2070, 9 a.m. to 5 p.m., EST.
Some coverage stops: Group disability insurance, Business Travel Accident, and Workers’ Compensation end on your last day actively at work.
Are support groups or individual counseling available through my medical plan?
UC’s health plans do have mental health coverage. For more information on how to access this coverage, contact your health plan directly or visit the Faculty and Staff Assistance Program who can assist you with a referral.
If I am eligible to retire, what steps should I take to maintain eligibility for health and dental insurance as a retiree?
If you meet eligibility requirements, (a University of California Plan member who is age 50 or more with 5 years or more of retirement service credit or a member of a reciprocal retirement plan) the University may continue to contribute toward the cost of your University-sponsored medical and dental coverage when you retire from the University. To be eligible, you must begin receiving monthly retirement income within 120 days of your separation from employment (your coverage in the medical and dental plan must be uninterrupted during this period). Your eligibility for this benefit also depends on the date you were hired and your years of service credit in UCRP or other retirement plan to which the University contributes. For more information, see the Retirement Handbook available from your Department Benefits Counselor or download the PDF.
How will my retirement benefits be calculated if I accept a position at a lower compensation level?
The UCRP retirement calculation is based on your age and total service credit at time of retirement and your highest average plan compensation (HAPC), the full-time salary rate over any consecutive 36-month period. Therefore, accepting an appointment at a lower compensation level may not reduce your HAPC.