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Layoff Guide for Managers

Tables and Examples

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Overview

The purpose of this layoff guide is to assist managers, supervisors and departmental human resources representatives in administering the layoff process for employees represented by a collective bargaining agreement and non-represented employees covered by the Personnel Policies for Staff Members (PPSM).

The content below is general in nature and is not intended as a substitute for the layoff provisions contained in the PPSM and collective bargaining agreements. Applicable personnel policies and collective bargaining agreements must be carefully consulted prior to the initiation of layoff procedures. Unless specifically referenced, the term "layoff" refers to indefinite layoff as well as reduction in time.

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Policy Guideline for Personnel Policies for Staff Members (PPSM) 60: Layoff and Reduction in Time for Professional and Support Staff Career Positions

Note: This local guideline is written to correspond to PPSM 60, Layoff and Reduction in time of Professional and Support Staff, as found in the PPSM Personnel Manual.

I. SCOPE The purpose of this guideline is to assist managers, supervisors and departmental human resource representatives in administering the layoff process for employees covered by the Personnel Policies for Staff Members (PPSM).

The content below is general in nature and is not intended as a substitute for the layoff provisions contained in University policies. Applicable personnel policies must be carefully consulted prior to the initiation of layoff procedures. Unless specifically referenced, the term "layoff" refers to indefinite layoff as well as reduction in time.

II. OVERVIEW A layoff is the involuntary separation of a career, non-probationary employee from employment or a reduction in the appointment percentage due to a lack of funds, lack of work, or reorganization. Criteria for consideration when determining order of layoff must include relevant skills, knowledge and abilities, documented performance and length of service. The terms, conditions, and employee rights during and after layoff are governed by applicable University policy.

Only non-probationary, career employees are subject to layoff and the rights associated with layoff are provided for by University policy. In the event a probationary, limited, or per-diem employee is identified for layoff, the employee may be released from his/her appointment.

University policy provides the framework for an employee's rights during and after layoff. For specific rights and notice periods, a department should review University policy and contact UCSF Human Resources Labor and Employee Relations for guidance and clarification.

III. RESPONSIBILITY

The Division or Department Head in consultation with and approval from Labor and Employee Relations is responsible for designating department or organizational units as layoff units for the purposes of implementing PPSM 60.

The Division or Department Head or designee has the authority to layoff or reduce the time of a career employee for a temporary or indefinite period due to lack of funds or lack of work, including lack of work due to reorganization. Layoffs are not to be used in lieu of administering progressive discipline. Refer to UC-PPSM 60 (Layoff and Reduction in Time from Professional and Support Staff Career Positions). Indefinite layoffs and reduction in time are administered by defined layoff unit, job classifications and salary grades. Layoff or reduction in time actions must be reviewed and approved by Labor and Employee Relations prior to implementation.

A. Departmental Layoff Proposal – Business Plan

Each affected Division or Department Head assesses the impact of changes such as lack of funding, a lack of work, or the effects of reorganization. The department should analyze and determine which essential functions need to be performed by the department, as well as which functions and positions will be eliminated.

Once it is determined there is a need for a layoff, the department must prepare a Business Plan. The Business Plan shall include information to support a business need and the reason for the layoff and must justify, based on performance, disciplinary records, skills, knowledge and abilities and seniority, why a specific employee is being laid off in lieu of other employees in the same job classification, salary grade and layoff unit. Requirements for a Business Plan are:

1. Reason for Layoff: The Business Plan shall include information to support a business need and the reason for the layoff. The reasons for layoff are due to lack of funds, lack of work or reorganization. For example, the Business Plan should explain:

It is recognized that there may be more than one reason for the layoff.

2. Layoff Justification: To determine the order of layoff, the Business Plan must include an evaluation of the relevant skills, knowledge and abilities, documented performance and length of service of the employees potentially impacted by the layoff and why a specific employee is being laid off in lieu of other employees in the same job classification, salary grade and layoff unit. This evaluation will be summarized in a “Layoff Justification Matrix”. The criteria used in the evaluation include the following:

a. Seniority – A Department requests seniority points from Labor and Employee Relations for the classification and layoff unit where a layoff is being contemplated. The seniority points will provide the department with a seniority list of employees in the targeted classification

b. Skills, Knowledge and Abilities (SKA) - Review and document any circumstances where any of the employees in the classification and layoff unit possess SKA’s that are required to perform the ongoing functions of the department and that are not possessed by the employee identified for layoff. Critical sources of information regarding skills, knowledge and abilities are the Employee Requisition Form used to hire the employee, the job description associated with the employee’s role and resumes for each employee;

c. Performance Appraisals – For each employee in the classification and layoff unit, review and document the performance appraisal rating from the most recent evaluation on file. If the most recent evaluation is beyond two years, satisfactory performance will be presumed; and,

d. Disciplinary Records – Review and document any disciplinary records for the two year period preceding the date of the Business Plan. Disciplinary records include letters of warning, letters of suspension, letters of warning in lieu of suspension, demotions and final letters of warning.

e. Using the information obtained from evaluating the SKA’s, performance appraisals, disciplinary records, and seniority of the employees in the target classification, the department will determine which employees are best equipped to effectively perform the critical functions of the department and target for layoff the employees whose SKA’s, documented performance, and/or disciplinary records are least consistent with effective performance of those functions.

When multiple employees have the same SKA’s, and are performing equally (based on performance appraisal ratings and disciplinary records), the employees with greater levels of seniority will have priority for retention. In the event employees are equal in seniority, the employee with the most recent date of appointment (in current position) will be laid off first, except that an employee may choose to waive seniority in order to be designated for layoff.

For each Business Plan, the department must submit copies of the affected departmental unit's organization charts which show the effected departmental structure before and after the layoff, performance appraisals, disciplinary records, job descriptions, Employee Requisition forms and resumes for each employee in the same job classification, salary grade and layoff unit. The Business Plan must identify what duties are being eliminated and what duties will be performed by other employees.

B. Human Resources Review of Layoff Proposal

1. Labor and Employee Relations will review and either formally approve or disapprove all departmental layoff proposals. This will include consideration of the business rationale for the layoff pursuant to Policy 60, limited and temporary appointments, current vacant positions and University policies and practices governing equal opportunity and non-discrimination.

2. Labor and Employee Relations will calculate seniority points based on the full-time equivalent months (or hours) of University service in any job classification or title from the date of hire or date of rehire if there has been a break in service.

IV. NOTICE OF LAYOFF OR REDUCTION IN TIME

The department head will provide an employee at least 30 calendar days' written notice prior to the effective date of an indefinite layoff or indefinite reduction in time, whenever feasible. Employees who receive notice under the layoff policy must work during the notice period. These employees will accrue vacation/paid time off, sick leave, and service credit during this time. If less than 30 calendar days’ notice is given, the employee will receive pay in lieu of notice for each additional day the employee would have been on pay status had the employee been given 30 calendar days' notice. Employees who receive pay in lieu of notice will separate from University employment immediately. These employees will not return to work and will not accrue vacation, sick leave, or service credit as of the date the pay in lieu of notice period begins.

V. SEVERANCE PAY

A regular status employee who has been laid off indefinitely or whose time has been reduced indefinitely shall receive severance pay in accordance with the following. In accordance with PPSM 60, UCSF will not provide employees with preferential rehire and recall rights:

1. Severance Calculation. The employee will be paid a lump sum amount of one week (5 workdays) of salary for each full year of service from the most recent break in service, up to a maximum of 16 weeks of base pay.

An employee whose time has been reduced indefinitely will receive severance pay for the percent of time reduced in accordance with the severance calculation above. Subsequently, if the employee is laid off entirely, they will receive the remaining severance pay.

2. Repayment. An employee who has received severance pay under this policy and who returns to work in a career position with the University at the same or higher salary and at the same percentage of time as the position held at the time of layoff will repay to the University any portion of severance pay received that is in excess of the time the employee was on layoff status.

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Introduction

A layoff is the involuntary separation of a career, non-probationary employee from employment or a reduction in the appointment percentage due to a lack of funds, lack of work, or reorganization. The terms, conditions, and employee rights during and after layoff are governed by applicable collective bargaining agreements (contracts) and University policy. Before implementing a layoff, you should become familiar with the layoff provisions of the applicable contract or University policy and contact Labor and Employee Relations (LER).

Only non-probationary, career employees are subject to layoff and the rights associated with layoff as provided for by contracts and University policy. In the event a probationary, limited, or per-diem employee is identified for layoff, the employee may be released from his/her appointment. Once the need for layoff has been determined:

Contracts and University policy provide the framework for an employee's rights during and after layoff. For specific rights and notice periods, a department should review the applicable contract or University policy and contact LER for guidance and clarification. The most frequently used terms in the layoff process are defined, generally, below for consistency and for the purposes of these guidelines.

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Definition of Terms

Business Plan: Part of the Layoff Justification and provides the reason(s) for the need for layoff - e.g., lack of funds, lack of work or reorganization - and identifies the employee(s), classification, and effective date of the layoff, as well as other information related to the layoff.

Classification: An established job title, published in the University-wide Title and Pay Plan, and designated by a four-digit title code.

Continuity of Service: The periods of employment both before and after the layoff are added together and treated as a single period of service. A period of layoff does not constitute a break in service when an employee is reemployed in a career position during the period of recall or preference nor is the employee required to serve a new probationary period.

Indefinite Layoff: A layoff for which no date of return to work is specified.

Layoff Justification: A Layoff Justification is a set of documents (Business Plan, Organizational Charts, Request for Order of Layoff and Layoff Justification Matrix Template for PPSM 60 Layoffs) that provides the justification and details the need for the layoff of affected employees.

Layoff Justification Matrix Template: A form completed by the department to evaluate the relevant skills, knowledge and abilities, documented performance and length of service of employees potentially impacted by layoff under PPSM 60.

Layoff Unit: An organizational sub-unit of an Office, School, Department, or Division in which a layoff occurs.

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.

Notice: The number of required days (30 or 60 days depending on policy or contract) of notice provided to the employee from the date of notice to the effective date of the layoff and whether the layoff is temporary or indefinite. For represented employees, a copy of the notice provided to the employee shall be sent to the affected employees union by facsimile or U.S. mail on the same or next business day.

Outplacement Services (Non-represented): A service through an outside vendor that provides career transition services to employees that are laid off from employment.

Pay in Lieu of Notice: Compensation paid to an employee when an employee does not receive the full notice period as provided for by policy or contract.

Preference (Preferential Rehire): The right of a laid off employee to be granted first consideration for a vacant career position in the same bargaining unit and at the same campus/hospital/laboratory as the position from which the employee was laid off. The position must be at the same or lower salary range maximum and at the same or lesser percentage of time as the position from which the employee was laid off.

Recall: The right of an employee to return to University service to an active, vacant career position in the same classification and department at the same or lesser percentage of time as the position from which the employee was laid off.

Reduced Severance: (UPTE only) A reduced level of compensation based on years of service credit paid to a career employee who has elected in writing to receive reduced severance pay and a reduced level of preferential rehire and recall.

Reduction in Time: The reduction in the percentage of appointment or in regularly scheduled hours. A reduction in time can be either temporary or indefinite.

Request for Order of Layoff Form: A form completed by the department requesting the seniority points for employees in the classification within the layoff unit affected by layoff.

Seniority/Seniority Points: The number of full-time equivalent work hours in University service or, for CNA, AFSCME (EX and SX), and UPTE (HX) represented employees, by the most recent date of hire into a career position at the University. It is important to note that 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 or another campus or laboratory so long as there was no break in service. For exclusively-represented positions, layoffs are affected by inverse order of seniority and more senior employees may displace (bump) less senior employees in the same classification and layoff unit.

Severance: Compensation based on years of service credit that is paid to a career employee who is eligible to receive severance or who has elected in writing to receive severance pay in the place of recall and preferential rehire rights.

Temporary Layoff: A layoff of not more than four (4) months or 120 calendar days and for which there is a specific date to return to work.

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Department Responsibilities

Departments are responsible for planning and managing the layoff process. This includes considering alternative actions which could mitigate the impact on employees in career positions such as:

Once it has been determined that there is no alternative to layoff, the department is responsible for providing justifiable business-related reasons of the need for layoff, managing the seniority process, and for noticing employees affected by layoff, as well as the union, in accordance with applicable bargaining unit contracts and University policy. A department cannot initiate a layoff until the department’s Layoff Justification has been reviewed and approved by LER.

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Planning for Layoffs

In determining affected positions and classifications for layoff, the focus is on positions, not individuals. The layoff decision must be properly documented in the department's Layoff Justification and will be reviewed by LER for compliance with personnel policies, contracts, and nondiscrimination policies.

The Layoff Justification should be submitted to LER at least 90 days prior to the anticipated date of layoff to provide sufficient time:

During the planning phase of the layoff process, the Department should consider discussing the potential for layoff with employees in the work unit affected by the layoff. Factors to consider when planning for layoffs:

When planning for a layoff, the department must consider that certain contracts require that the union is notified in advance of the department's intent to layoff and/or when the layoff affects five or more full-time, equivalent positions within a layoff unit. In this situation, when advance union notice is required, LER will notify the union and coordinate a union's request to meet and discuss. The table below identifies the unions that require advance notice of layoff.


Advance Union Notification Requirements

Union Notice Requirement
AFSCME (EX/SX)

Prior to effecting layoff and/or 45 days' notice for layoff of five or more FTEs

CNA

Prior to effecting layoff

CUE

45 days' notice for layoff of five or more FTEs

FUPOA

45 days' notice for layoff of five or more FTES


Departments should retain any documentation used in making decisions regarding a layoff or reduction-in-time. This documentation may be necessary in order to respond to grievances, lawsuits, or discrimination claims with external agencies.

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Initiating the Layoff - Layoff Justification

A Layoff Justification is a set of documents that provides the justification and details the need for the layoff of affected employees. A completed Layoff Justification is sent to LER for review and approval. A Layoff Justification includes:

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Business Plan

A Business Plan is completed by the department in order to provide information to support a business need for the layoff. The reasons for layoff are due to a lack of funds, lack of work, or reorganization. It is recognized that there may be more than one reason for the layoff. For example:

Providing a clear and detailed explanation of the primary reason, as well as any secondary reasons, associated with the need for layoff will aid LER in the evaluation of the department’s request and minimize the need for additional or clarifying information. For example, a department should explain:

In addition to detailing the reasons for the layoff, the Layoff Justification also describes:

In the event that a layoff impacts more than one employee (in the same or different classifications) and the reason or justification for the layoff of these employees is the same, the department need only prepare one Business Plan which identifies the employees impacted by the layoff and their classifications.

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Organizational Charts

For each Layoff Justification the department must submit copies of the affected departmental unit's organization charts which show the departmental section's structure before and after the layoff.

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Request for Order of Indefinite Layoff or Reduction-in-Time Form

This form is used by Campus Human Resources to calculate the seniority points and for positions covered by contract determine the order of layoff for employees in the classification impacted by layoff. The department prepares the Request for Order of Layoff Form by listing the names of employees, regardless of appointment status, within a classification and layoff unit affected by layoff along with each employee's appointment percentage and whether the action is a layoff or a reduction in time - i.e., reduction in time to 50 percent.

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Layoff Justification - LER Review

Once completed, the Layoff Justification is sent to LER for review. LER's review includes evaluating the business reasons for the layoff, insuring the proposal adheres to collective bargaining agreements and University policy, as well as any legal requirements. If elements of the Layoff Justification require additional clarification, LER will contact the department to discuss any questions, concerns or issues. In some cases, a revised Layoff Justification may need to be submitted.

Upon approval of the Layoff Justification, LER will research and calculate employee seniority points to determine the order of layoff. The completed Order of Layoff or Reduction in Time form, which lists the seniority order of the employees in the classification and layoff unit affected by layoff, is returned to the department.

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Implementing the Layoff

There are different layoff scenarios that the department will be required to manage depending on the number of employees involved in the layoff and whether an employee will exercise or waive seniority rights. To address these considerations, this section has been separated into the following sub-sections:

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Seniority

Layoff of career employees in exclusively-represented bargaining units, and who are in the same layoff unit and same job classification occurs in the inverse order of seniority. Seniority is based on full-time equivalent months (or hours) of total University service or on the most recent date of hire into a career position at the University, depending on the applicable collective bargaining agreement or policy. Factors considered in determining service-based and date-based seniority include:

It is important to note that 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 or at another campus so long as there was no break in service. The Order of Layoff or Reduction in Time form completed by Campus Human Resources and sent to the department determines the order of layoff for employees in the classification impacted by layoff.


Seniority Calculations by Union

Union Seniority Calculation
AFSCME (EX/SX)

Seniority is determined by the employee's most recent date of hire into a career position at a campus/medical center/laboratory. Employees hired on the same day shall be prioritized according to alphabetical order.

CNA

Seniority is determined by the nurse's most recent date of hire into a career nurse position at the University, including continuous employment at Mt. Zion Hospital or Santa Monica Hospital prior to acquisition by the University. Nurses hired on the same day shall be prioritized according to alphabetical order

CUE

Seniority shall be calculated by full-time equivalent months (or hours) of University service from the most recent break in service. When employees have the same number of full-time equivalent months (or hours), the employee with the most recent date of appointment is the "junior" employee

FUPOA

Seniority shall be calculated by full-time equivalent months (or hours) of University service from the most recent break in service. When employees have the same number of full-time equivalent months (or hours), the employee with the most recent date of appointment is the "junior" employee.

PPSM

Seniority shall be calculated by full-time equivalent months (or hours) of University service in any job classification or title from the most recent break in service.

UPTE (HX)

Seniority is based on the most recent date of hire in a career position. Employment prior to a break in service shall not be counted when calculating seniority. When employees have the same date of hire, seniority shall be determined according to alphabetical order of the last name.

UPTE (RX/TX)

Seniority is calculated by full-time equivalent months (or hours) of University service from the most recent break in service. When employees have the same number of full-time equivalent months (or hours), the employee with the most recent date of appointment shall be considered the less senior employee.


For CUE represented employees, and regardless of seniority, the department may elect to invite all clerical unit employees in the same classification within a layoff unit to volunteer for layoff. In that case, the union shall be notified of the invitation at the same time the invitation is transmitted to employees.

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Exercise of Seniority (Bumping)

A more senior employee whose position has been targeted for layoff may have rights to displace a less senior employee in the same classification and layoff unit. The process to displace a less senior employee in the same classification and layoff unit is called the exercise of seniority.

A more senior employee designated for layoff cannot pick and choose the order in which the less senior positions will be reviewed when exercising seniority. The exercise of seniority starts with the position of the least senior employee.

It is important to remember that seniority is based on total University service and not on an employee's appointment percentage; therefore, it is possible that an employee with a 50 percent appointment can displace a less senior 100 percent career employee. This is because the laid off employee is generally required to be "made whole or better." Of course, if there are no less senior employees at the same or higher percentage appointment, an employee may only have seniority rights over a position at a lesser percentage appointment.

The department informs the affected employee of his/her reassignment to the least senior position and provides the employee with a copy of the job description for the least senior position. Depending on the types of positions involved, and the department’s understanding of the skills, knowledge, and/or abilities possessed by the affected employee and required for the least senior position, the department may request that the employee designated for layoff update his/her resume or provide the resume on file along with their current job description so that the supervisor of the less senior employee can review his/her qualifications. For example, if the department is aware that the employee designated for layoff possesses the skills, knowledge, and/or abilities to perform the duties of the least senior position, there may not be a need for an updated resume, and the employee may simply be informed of the reassignment. There are three outcomes that may result from this process:

Employee Qualifies for Position and Exercises Seniority: When an employee designated for layoff is determined to be qualified for a position and exercises his/her seniority rights, the least senior employee is displaced and must be noticed of the effective date of the layoff in accordance with the applicable contract or University policy.

For CUE-represented employees, the contract provides that if an employee can learn to perform the duties associated with the least senior employee’s position within six (6) months, the employee designated for layoff is considered qualified for the position.

Example 1: Exercising Seniority

In Example 1, it is determined that Betty's position in being designated for layoff (EDL). Assuming Kate does not possess any special skills, knowledge, or abilities, Betty has the right to bump Kate because Betty has more seniority than Kate.

Not all layoffs will involve 100 percent appointments. As discussed above, the concept applied to the exercise of seniority is that the laid off employee is "made whole or better" when a more senior part-time employee has greater seniority than a full-time less senior employee.

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Example 2: Exercising Seniority - Made Whole or Better

In Example 2, the appointments in the affected classification are a mixture of full-time and part-time employees. During the initial planning for layoff, it was determined that Bob's position is being designated for layoff (EDL). Assume that Bob qualifies for the less senior positions.

First Round: Bob has the right to displace a less senior employee with the greatest appointment percentage that is equal to or greater than Bob's appointment percentage. Applying the concept of "made whole or better," Bob has the right to first be considered for Jane's position. The reason for this is that if Bob displaced Kate or Jim, Bob would not be "made whole or better." Therefore, Bob displaces and assumes the 100 percent appointment because a 100 percent appointment is "better" than a 75 percent or 50 percent appointment. In this instance, a special skills retention justification is not required as Bob is displacing the least senior employee with a percentage appointment equal to or greater than his.

Second Round: Jane is now the designated employee for layoff (EDL) and has the right to displace Kate (who is both junior to and has a greater percentage appointment than Jim). Kate receives a layoff notice in accordance with the applicable contract or University policy.

In this example, it is important to remember that Jane receives a reduction in time layoff notice and that she will be eligible for Recall/Preferential rights to a 100 percent position or to severance in accordance with the applicable contract or University policy.

Employee Does not Qualify for Position: When it is determined that the employee designated for layoff does not possess the skills, knowledge, and abilities to perform the duties of the position or could not learn these in a reasonable period of time - e.g., six (6) months for CUE employees - the process of exercising seniority continues up the list until such time as a match occurs or there are no remaining positions occupied by a less senior employee. See Retention - Out of Seniority Order.

Employee Elects to be Laid Off: When an employee designated for layoff elects to be laid off instead of exercising his/her senior rights, the process, except for employees represented by CUE, immediately stops. The employee is laid off and he/she is entitled to recall/preferential rehire and other benefits associated with a layoff. See Seniority Waiver.

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Retention - Out Of Seniority Order

For exclusively-represented employees, the Department may retain employees irrespective of seniority who possess special skills, knowledge, or abilities that are necessary to perform the ongoing functions of the department. The retention of a less senior employee based on this exception must be justified in writing on an objective basis pertaining to specific skills, knowledge, and abilities possessed by the less senior employee that the more senior (targeted) employee does not have. A consideration in this determination is whether a targeted employee can acquire the necessary skills, knowledge and abilities within a reasonable period of time or an amount of time specified in some union contracts. For example, the contract covering Clerical employees states that, “[t]he University may retain, at its discretion, employees irrespective of seniority who possess special knowledge or abilities which are not possessed by other employees in the same classification, which cannot be learned in less than 6 months, and which are necessary to perform the ongoing functions of the department/division.”

In the event a less senior employee is retained because he/she possesses special skills, knowledge, or abilities, the University may be required to notify the union in advance of the layoff date and in writing of the special knowledge, skills, and abilities which support the retention of the less senior employee. The table below is a reference to which unions require advance notice to retain a less senior employee due to special skills, knowledge, or abilities.


Union Notice Requirements for Out-of-Seniority Order Retention

Union Special Skills Retention Notice Requirements
AFSCME (EX/SX) Notice not required
Building Trades (K2) Notice not required
CNA (NX) Union notice is required
CUE (CX) Notice not required
Librarians (LX) Union notice is required
PPSM (99) Notice not required
FUPOA (PA) Notice not required
Lecturers (IX) Notice not required
UPTE (HX RX TX) Union notice is required

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In order to retain a less senior employee, special steps are required and should be accomplished far in advance of the proposed date of layoff.

Special Skills, Knowledge, and/or Abilities for exclusively-represented employees: Identify the skills, knowledge, and/or abilities possessed by the less senior employee. It must be emphasized that the exception to seniority cannot be based on the fact that Employee "A" is deemed to be a "better" employee than Employee "B". The focus must be on special skills, knowledge, and abilities of the least senior employee not possessed by the employee designated for layoff and required for performance of the position held by the least senior employee, e.g., fluency in Cantonese. Two critical sources of information regarding special skills, knowledge and abilities are the Employee Requisition Form used to hire the least senior employee and the job description of the least senior employee. For information regarding whether the targeted employee possesses the necessary special skills, knowledge and abilities, the resume and job description of the targeted employee should be reviewed.

Meeting with the Targeted Employee: In addition to reviewing the resume and job description of the targeted employee, a department (preferably the supervisor of the position held by the least senior employee) should meet with the targeted employee to obtain additional information regarding that employee’s background and experience, which may not be reflected in the documents but is relevant to the special skills, knowledge and abilities assessment. The focus of this meeting should be on ensuring that any decision the department makes regarding the selection of employees for layoff is based on all available information.

Written Justification: If, after reviewing all relevant information and meeting with the targeted employee, a department determines the less senior employee should be retained, a written justification is prepared detailing the basis for the decision. The justification should identify any and all special skills, knowledge and abilities, including but not limited to, job requirements (qualifications); and describe how the special skills, knowledge and abilities are possessed by the less senior employee and not possessed by the targeted employee. The justification should also address why the department concludes the special SKAs could not be acquired by the targeted employee within a reasonable period of time or other time period specified by contract. The written justification is forwarded to LER.

Review by Human Resources: The written justification for retaining a less senior employee is reviewed by LER and Compensation, along with all relevant documentation. If Human Resources concurs with the department's determination, the department can either proceed with the seniority process, assuming there are other less senior employees in the classification and layoff unit, or issue a layoff notice if there are no other less senior employees. If Human Resources does not agree with the department's determination, there is further discussion with the department about the targeted employee's ability to "bump" the least senior employee.

If required, LER will notice the union of the University's intent to retain a less senior employee and include a copy of the department's retention justification.

Example 3: Exercising Seniority and Retention - Out of Seniority Order -- Exclusively-Represented Employees

In this example, during the initial planning for layoff, Betty, the most senior employee, is designated for layoff (EDL). All the employees are 100 percent appointments.

First Round: Betty is first considered for Kate's position. It is determined that Betty does not qualify for this position. She is then considered for Jim's position, and it is once again determined that she does not qualify for Jim's position. She is then considered for Jane's position and qualifies for this position and exercises her seniority rights. Jane becomes the employee designated for layoff.

Second Round: Jane is now the employee designated for layoff and has rights to displace less senior employees in the classification and layoff unit. Jane is considered for Kate's position, is qualified for the position, and displaces Kate who receives a layoff notice in accordance with applicable contract or University policy.

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Seniority Waiver

An employee designated for layoff may elect to be laid off in lieu of displacing a less senior employee. University policy and some contracts provide for the waiver of seniority.


Policy/Contract Seniority Waiver Provisions

Union Seniority Waivers Policy/Union Requirements
AFSCME (EX/SX) Contract does not provide for seniority waivers
Building Trades (K2) Contract does not provide for seniority waivers
CNA (NX) Employee may volunteer to be laid off out of seniority order
CUE (CX) Employee request for waiver requires notice to and approval by CUE; CUE has 15 days to approve
Librarians (LX) Contract does not provide for seniority waivers
PPSM (99) Employee signs waiver form electing to be laid off out of seniority order
FUPOA (PA) Contract does not provide for seniority waivers
Lecturers ( IX) Contract does not provide for seniority waivers
UPTE (HX RX TX) Contract does not provide for seniority waivers

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By accepting layoff in lieu of exercising seniority, an employee does not lose his/her rights to recall/preferential rehire or severance and remains eligible for unemployment insurance benefits. Before proceeding with any waiver, the department must insure that:

Once the above steps have been completed, there are three (3) separate procedures, depending on whether the employee is represented or not and which bargaining unit represents the employee, that must be followed.

Unrepresented: When an unrepresented employee covered by PPSM Policy 60, Layoff and Reduction in Time from Professional and Support Staff Career Positions, elects to be laid off in lieu of displacing a less senior employee, the department provides the employee designated for layoff with a copy of the Employee Statement of Waiver to Exercise Seniority form to sign. By signing the Statement of Waiver, the employee acknowledges that he/she is voluntarily waiving his/her rights to seniority for the least senior position and that the employee shall retain all rights to recall, preferential rehire, or severance and shall be eligible for all other benefits afforded to any other employee receiving notification of indefinite layoff or reduction in time, including eligibility for unemployment insurance.

Once the Statement of Waiver has been signed, a copy is sent to LER to be included as part of the department’s Layoff Justification and the employee is laid off in accordance with the provisions of PPSM Policy 60.

CUE: According to CUE's contract, Article 13, the University may not solicit employees to waive their seniority and will not approve waivers of seniority rights without CUE's agreement. CUE and the University must agree to the waiver no later than 15 calendar days after the notice is sent to CUE. CUE-represented employees do not sign the Employee Statement of Waiver to Exercise Seniority form.

If, at his/her own initiative, a CUE represented employee indicates that he/she does not want to displace the least senior employee and elects to waive his/her seniority, inform the employee that the department cannot approve the request without CUE’s agreement. Ask the employee for written confirmation that he/she:

A copy of the written confirmation is then forwarded to the department's LER representative. Once received, LER will attach a copy of the employee's email to the notification sent to CUE informing the union of the employee's request to be laid off out of seniority order. If CUE does not approve the employee's request within 15 calendar days, the more senior employee is reassigned and the least senior employee is laid off in accordance with the provisions of Article 13.

CNA: Nurses in the unit(s) affected by the layoff who have more seniority than those Nurses designated for layoff may volunteer to waive their seniority rights solely in order to be designated for the layoff. Such a request to be designated for layoff may be approved by the University, provided that the needs of the University, as determined by the University, are met.

When a CNA-represented employee elects to waive seniority, ask the employee to confirm by email or in writing that he/she has been informed and understands his/her seniority rights, has been provided a copy of the job description of the least senior position, and does not wish to exercise his/her right to displace a less senior employee. A copy of the email is forwarded to the department's LER representative assigned to the department and will be included as part of the department's Layoff Justification.

All Other Unions: The collective bargaining agreements for AFSCME, Building Trades, Librarians, FUPOA, Lecturers, and UPTE do not provide for the waiver of seniority of employees designated for layoff. As such, if an employee indicates that he/she does not want to exercise seniority, please contact the department's LER representative. Under no circumstances should an employee be asked if he/she wishes to waive his or her right to exercise seniority.

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Layoff Notice - General Guidelines

The resulting layoff is processed in accordance with this section regardless of whether an employee is the only employee in the classification and layoff unit affected by layoff, exercises seniority over a less senior employee, or elects to waive his/her seniority rights.

After LER approves the Layoff Justification and the Order of Seniority Layoff form is sent to the department--and all seniority issues, such as bumping, waivers, special skills retention have been addressed - the department prepares the Layoff Notice and attaches a copy of the Severance Election form. For unrepresented employees - a copy of the Outplacement Services letter is also attached.

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Layoff Notice: The Layoff Notice informs the employee of the effective date of the layoff, whether the action is a layoff or reduction in time, temporary, or indefinite, and briefly explains the employee's options to elect either recall and preferential rehire rights or severance pay in lieu of preferential rehire and recall rights. If the laid off employee is represented by UPTE, he/she has an additional option to elect reduced severance and reduced recall/preferential rehire rights. See Layoff Notice Templates.

When preparing the Layoff Notice, the department is responsible for inserting relevant information in the notice such as the effective date of layoff and the final date by which the Severance Election form must be signed. Since each contract and University policy provides minimum layoff notice requirements, the table below is a quick reference of the minimum notice requirements provided for by contract and University policy.


Minimum Employee Notice Requirements

Union Indefinite layoff Notice Pay in lieu of Notice - Indefinite Temporary Layoff Notice
AFSCME (EX/SX) 30 days Up to 30 days 15 days
Building Trades (K2) 14 days Up to 14 days 14 days
CNA (NX) 30 days Up to 15 days 15 days
CUE (CX) 60 days Up to 45 days 15 days
Librarians (LX) 90 days NA 90 days
PPSM (99) 30 days Up to 30 days 30 days
FUPOA (PA) 30 days Up to 30 days 15 days
Lecturers ( IX)
UPTE (HX, RX, TX) 60 days Up to 30 days 15 days

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As indicated by the above table, for an indefinite layoff a department may, in lieu of providing notice, pay an employee's salary for all or a portion of the required notice period. The combination of pay in lieu of notice and notice must equal the minimum layoff notice requirement provided for by contract or University policy. In the event departmental operating needs require that an employee be paid in lieu of notice, the Layoff Notice will need to be amended to reflect the number of days of pay in lieu of notice the employee will receive. Any questions regarding pay in lieu of notice should be directed to the department's LER representative.