10.1 Description. Lay-off is the involuntary separation of a staff member from the job, without pay, due to circumstances such as lack of work, seasonal conditions, technological or programmatic change and/or short-term financial difficulty. Lay-off is used only when there is reasonable expectation of recall. It is inappropriate to use lay-off to address performance problems, or to discipline a staff member. The period of lay-off shall not exceed one calendar year from the date of lay-off. Affected staff members shall be entitled to recall during the period of lay-off. If not recalled during the period of lay-off, staff members will be terminated.
10.2 Process. The Human Resources Office approval is required in all cases of lay-off. The responsible supervisor should contact the Human Resources Office as early as possible when he/she is considering the layoff of staff members.
10.2.1 In determining who is to be laid off, the five factors as outlined in USY V.C.9.5.3 should be of prime consideration.
10.2.2 The notice period to a staff member faced with lay-off is identical to that afforded in cases of termination.
10.2.3 Benefits. All employer paid benefits cease on the last day of actual work except tuition waiver benefits that will cease at the end of the course. Employees will be given the opportunity to continue medical and dental coverage by paying the full premium through COBRA. Conversion to individual plans will be offered for other benefit plans where applicable. Employees may elect to be paid for all or a portion of their accumulated vacation (maximum accumulation 30 days) or Earned Time balance. If the employee prefers, he/she may choose to leave the entire balance of vacation or Earned Time intact pending recall. Vacation/Earned Time payout would occur when an employee resigns or is terminated. Accrued sick leave/sick pool will be maintained during the recall period of one calendar year.
10.3 Unique Aspects of Lay-off Situations
10.3.1 A staff member on lay-off has the right to his/her previous position if it becomes available and the previous rate of pay for the position. Such employees will also be given preferential consideration during the lay-off period if another position becomes available in their classification or for which they possess the minimum qualifications.
10.3.2 There is no requirement to advertise a vacant position if such position is being filled by means of a recall from lay-off. Conversely, when employees are laid off, vacancies will be filled by recall whenever possible before advertising is permitted.
10.4 Recall. The normal sequence of recall shall be "last laid off -- first recalled;" however, exceptions to this rule may be justified by the circumstances of an individual case. Employees will be recalled by written notice. Ten days are allowed, from date of sending the notice, for laid-off employees to respond. Twenty days are allowed, from date of sending the notice, for laid-off employees to return to work. Termination will occur if either no response is received or the employee fails to return to work.
10.5 Return. Upon return to work in a status position, employees are eligible for reinstatement of applicable benefits. It will, however, be necessary to again enroll for all such coverage. Service will be bridged, in the same way as in the case of leaves of absence without pay, if the employee returns to work.