Section 4 - Employment Practices

Policy Number: 4.10 - RETRENCHMENT


Revised: 10/01/03

1. Policy: The University endeavors to provide stable employment to all employees. Situations including, but not limited, to budgetary constraints, a lack of work, reorganization, reductions in legislative appropriations, legislatively mandated reductions in positions, significant loss of enrollment or a change in technologies may require a reduction in the work force or a reduction in hours worked to assure the continued quality and efficiency of the University.

2. Retrenchment Procedures: The President will designate the departments or functional areas of reductions. The department administrator and appropriate Vice President will determine the level at which reductions in staff will have the least detrimental effect on institutional operations and shall specify the reduction of personnel accordingly. All non-regular employees of the designated areas will be affected before any regular employees.

This decision is to be based on the operation of the job functions, not on the attributes or seniority of the incumbent. If there are several positions providing the same or similar function, the retrenchment shall be determined by performance rating.

3. Notifications: Staff members will receive notification of change in employment status not later than thirty (30) days prior to the date of the actual change.

4. Employee Options: A regular staff member who has received a notification of lay off may elect one of the following options. The displaced employee shall report within a week of notification to the Human Resources Office for counseling and assistance.

4.1 The displaced employee may elect to seek employment in vacant positions for which he/she is qualified by submitting an application for that position.

4.1.1 The Human Resource Manager may notify the hiring department of the availability of the displaced employee. If the hiring department wishes, the displaced employee may be interviewed prior to the advertising and recruitment.

4.1.2 The receiving supervisor will determine if the displaced employee is to be offered the vacant position. The placement must be agreed upon by both the hiring supervisor and the displaced employee. Failure to accept an extended offer will negate further rights under this policy.

4.1.3 Assistance under this section will be provided for 90 days following lay off or until the displaced employee is reemployed with the institution or outside.

4.2 Accept the laid off status as of the effective date.

4.3 Submit a notice of resignation from employment to be effective no later than the layoff date (resignation will waive eligibility for layoff and notification rights).

4.4 Elect retirement if eligible (retirement waives eligibility for layoff and notification of rights).

5. Benefits Eligibility: The following rules concerning benefits will apply to regular staff members who have been laid off:

5.1 Payment for all accrued vacation leave will be made if the employee has not been rehired by the University or any other State agency.

5.2 Sick leave balance at the time of layoff will be restored if the employee is rehired by the University (or any State agency) within twelve (12) months to a regular position.

5.3 At the request of the employee, current group insurance coverage may be retained for eighteen (18) months under the Consolidated Omnibus Budget Reconciliation Act (COBRA). The employee must pay the total monthly premium for the coverage.

5.4 Time spent in a layoff status will not count toward total State service, longevity, seniority or retirement.

6. Recall: The Office of Human Resources will maintain a list of the regular staff members who have been laid off. Regular employees will be eligible for recall should the eliminated position be reinstated for a period of three (3) months from the date they were laid off.

6.1 The University will attempt to notify the employee of the vacancy either by telephone or by mail sent to the employee’s last known address. The employee shall respond in person or mail and submit an application for the vacancy not later than the fifth working day after receipt of the University notification. The employee is responsible for keeping the University informed of the employee’s current address. If an employee cannot be located, does not respond to notice prior to the closing date of the vacancy, declines an interview for a position at the previous classification level held, declines a job offer, or becomes gainfully employed outside the University, the employee’s name will be removed from the recall list and any remaining layoff benefits and recall rights will be forfeited.

6.2 Recalled employees who are placed in positions for which they qualify will be paid at the rate budgeted for the position at that time.