Frequently Asked Questions

Managers & Supervisors

Employees

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.