SECTION K--SEPARATIONS II. LAYOFF II.1 POLICY A reduction in force may be necessitated by a lack of funds or a lack of work. To minimize the effects of a layoff, the Laboratory gives career employees (see Section A.III.6), excluding postdoctoral and term appointees, placed on indefinite layoff, preferential opportunities for reassignment or transfer prior to layoff, the right to be recalled to the department from which laid off, and preference for reemployment in all departments of the Laboratory. II.2. RESPONSIBILITIES II.2.1. Laboratory Director The Laboratory Director, for purposes of implementing a reduction in force, * Gives guidance as to the numbers of employees and programs to be affected. * Defines and designates layoff units. * Establishes committees, as necessary, to ensure the proper administration of policies and procedures. II.2.2. Department Head/Division Leader or Other Designated Layoff Unit Head The department head/division leader is responsible for selecting and informing individual career employees to be laid off from a unit in accordance with the guidance given by the Director and the criteria set forth in these procedures. The department head/division leader is responsible for the review of the proposed indefinite layoff actions with the Human Resources Manager and the Equal Opportunity Administrator for conformance to policy. II.2.3. Human Resources Manager The Human Resources Manager is responsible for providing policy guidance and for ensuring that procedures are followed. II.2.4. Human Resources Human Resources is responsible for ensuring that every reasonable effort is made to transfer employees who would otherwise be placed on layoff; issuing formal notice of separation by layoff to affected employees; providing assistance to employees seeking other employment; reviewing with affected employees the terms and conditions of their separation including its effect on group insurances and other benefits, unemployment insurance, severance pay (if applicable (see Section L.II.10)), and rehire rights; and otherwise assisting and providing for the administration of this policy. II.3. ORDER OF LAYOFF The order of layoff for career employees in the same classification (defined as the four digits of the title code) within a unit is inverse order of University seniority except that the department head may retain employees irrespective of seniority who possess special skills, knowledge, or abilities that are not possessed by other employees in the same classification with greater seniority, and that are necessary to perform the ongoing function of the department. All such exceptions are documented and reviewed by the Human Resources Manager. For the purposes of this policy, seniority is calculated by fulltime-equivalent months (or hours) of UC service. Employment prior to a break in service (see Section A.III.5) is not counted. When employees have the same number of fulltime-equivalent months (or hours), the employee with the most recent date of hire shall be laid off first. II.4. NOTICE OF LAYOFF TO EMPLOYEES Employees selected for layoff are given verbal notice by their unit. Normally, the verbal notice is given by the department head/division leader and the employee's immediate supervisor. They have responsibility for helping the employee to make arrangements with an assigned representative of Human Resources who provide assistance and counseling, as appropriate. Human Resources gives the employee written notice of layoff which, whenever feasible, will be at least thirty calendar days in advance of the effective date of layoff. If written notice is given less than fifteen calendar days in advance, the employee will receive pay in lieu of notice for each additional day he/she would have been on pay status if fifteen calendar days' notice had been given. The written notice of layoff will include statements concerning claims for unemployment insurance, the effect of the layoff upon the employee's benefits, the procedures for recall and preferential rehire, grievance rights and, if applicable, severance pay. (See Section L.II.10.) II.5. ASSISTANCE TO EMPLOYEES Human Resources is responsible for ensuring that every reasonable effort is made to assist employees on notice of layoff in seeking other employment. Assistance in seeking other employment will consist of contact with other employers and with State or University agencies, help in the preparation of resumes, and any other appropriate efforts. Human Resources representatives will review with the employees the terms of the planned layoff and will provide or arrange for counseling, as appropriate. II.6. PREFERENCE AND RIGHTS II.6.1. Preference for Transfer Prior to Layoff A career employee, excluding a postdoctoral or term appointee, who is scheduled for layoff shall be granted preference for transfer in order of seniority to any vacant Laboratory position for which the employee is qualified when the position is at the same salary level or lower and when at the same or lesser percentage of time as the position currently held. The person with preference for transfer must be considered above all other applicants for the positions and may be rejected only if he/she lacks qualifications required for the position. If the person with preference for transfer is not selected, the department head/division leader must provide the reasons in writing to the Human Resources Manager. II.6.2. Recall to Department A career employee, excluding a postdoctoral or term appointee, who is laid off shall be recalled in order of seniority to any vacant position for which the employee is qualified when the position is in the same classification and department and at the same or lesser percentage of time as the position held by the employee at the time of layoff. II.6.3. Preference for Rehire at the Laboratory A career employee, excluding a postdoctoral or term appointee, who is laid off shall be granted preference for rehire in order of seniority to any vacant Laboratory position for which the employee is qualified. A department head/division leader must consider the person with preference for rehire above all other applicants for the position and may reject that person only if he/she lacks qualifications required for the position. If the person with preference for rehire is not selected, the department head/division leader must provide the reasons in writing to the Human Resources Manager. II.6.4. Employment at Another University Location If an employee on indefinite layoff or scheduled for layoff wishes to be considered for employment at another laboratory or campus, Human Resources shall provide the Personnel Manager at that location with a written request for consideration and copies of the individual's employment record. II.7. TIME PERIOD FOR RECALL AND REHIRE A career employee with less than five years of seniority shall have right to recall and preference rights for one year from the date of layoff. A career employee with more than five years but less that ten years of seniority shall have right to recall and preference rights for two years from the date of layoff. A career employee with ten years or more of seniority shall have right to recall and preference rights for three years from the date of layoff. II.8. CONTINUATION OF RIGHT TO RECALL AND PREFERENCE FOR REHIRE Both right to recall and preference for rehire terminate when a career employee * Refuses one recall as a career employee to the department and classification from which laid off. * Refuses two offers of career employment at the Laboratory at the same or higher salary level and at the same or greater percentage of time as the position held at the time of layoff. * Accepts career employment at the Laboratory or at another University location at the same or higher salary level and at the same or greater percentage of time as the position held at the time of layoff. Preference for rehire terminates but the right to recall continues when an employee accepts career employment at the Laboratory or another University location at a lesser salary or percentage or time than the position held before layoff. Right to recall and preference for rehire are neither lost nor extended by periods of temporary or indeterminate-time employment. Right to recall and preference for rehire are suspended when a career employee does not reply to a written notice of an employment opportunity. These rights may be reinstated when the career employee makes a written request for reinstatement and the request is approved by the Human Resources Manager. II.9. EMPLOYEE RESPONSIBILITIES Career employees on layoff are responsible for keeping Human Resources informed of their current mailing address. Career employees whose right to recall and preference for rehire are for a time period of more than one year are required to state at the end of each year, upon request, that they wish their rights to continue. II.10. EFFECT ON BENEFITS A career employee on layoff status may continue in certain group insurance programs, if previously enrolled, for the length of time specified in the University's contract with the insurance carrier, subject to the payment of full premiums by the employee. Retirement system regulations determine the effect on retirement benefits. When a person is rehired within the period of right to recall or preference for rehire, the periods before and after the layoff are considered as continuous service. Each employee on layoff status will be provided the opportunity for benefits counseling by Human Resources. II.11. RIGHT TO RECALL AND PREFERENCE FOR REHIRE RECORDS Human Resources maintains a current record of all persons with the right to recall and preference for rehire. A record of all referrals, offers of employment, and refusals and acceptance of employment offers is also maintained. When a career employee with preference for transfer prior to layoff or with preference for rehire is not selected, Human Resources maintains a record of the reason for nonselection.