Layoff/Reduction in Force

Elimination or reduction of funding or work, reorganization or other changing business needs may result in the elimination of one or more Regular Classified Staff positions through a layoff/reduction in force. Management has the sole right to determine staffing and operational needs without regard to the source of funding. Application of this layoff policy may result in the elimination of a position or the reduction in work to less than .50 FTE (loss of Regular Classified Staff status) within either (1) a department or (2) a departmental program(s).

An employee selected for layoff will have their employment terminated from the University upon the layoff/termination effective date. A nonprobationary Regular Classified Staff employee whose performance is at least satisfactory is eligible for recall rights and other layoff privileges for up to twelve (12) months following the layoff/termination effective date.

Definitions

A "department" is a function or the several functions/programs and activities which are assigned to a principal who reports to a president, vice president, vice provost, dean, or assistant/associate vice president. Such principals typically hold the position of dean, director, or department head.

A "departmental program" is a specific functional portion of a department which is assigned to a principal who is immediately and directly responsible for that departmental function. Such principals typically hold the position of supervisor, manager, associate/assistant director.

"Non-probationary" is the status of a Regular Classified Staff employee who has completed all applicable probationary periods.

"Performance" is determined by an employee's current performance documentation (within the last twelve [12] months and for the current position). Unless there is a written record of unsatisfactory performance or disciplinary action (written warning, disciplinary probation, or disciplinary suspension), performance will be deemed satisfactory.

"Probationary" is the status of a Regular Classified Staff employee who has not completed the initial six (6) month probation period OR a Regular Classified Staff employee who has not completed the six (6) month probation period immediately following a promotion or transfer.

Determining Affected Employees

Determination of layoff will be based on each job classification within the department or departmental program(s) affected by the reduction. While the general order of selection for layoff is outlined below, managers will develop an operational plan that ensures operational integrity and retention of qualified employees who can satisfactorily perform the remaining work. In order to accomplish those outcomes, employees who might otherwise be retained may be selected for layoff.

1. Initial Probation: A Regular Classified Staff employee who has not completed the initial probationary period shall have their employment terminated and will be ineligible for recall rights or other layoff privileges.
2. Transfer/Promotion Probation: A Regular Classified Staff employee who has not completed the transfer/promotion probationary period is selected for layoff and is ineligible for recall rights but has all other layoff privileges if performance is at least satisfactory.
3. Performance: A non-probationary Regular Classified Staff employee initially is selected for layoff based on current performance; those with the lowest performance are the first to be laid off. A non-probationary Regular Classified Staff employee selected for layoff is eligible for recall rights and other layoff privileges if performance is at least satisfactory.
4. University Service: In cases where two or more non-probationary Regular Classified Staff employees have equivalent performance, those with the least continuous University service will be selected for layoff and are eligible for recall rights and other layoff privileges if performance is at least satisfactory.

Departments will maintain records on the application of this policy in accordance with University records retention schedules.

Layoff Notification

Classified Staff–Initial Probationary: The employee will be informed of the elimination or reduction of the position either orally or in writing. A probationary employee may be terminated during the initial probation period at any time, although it is a courtesy to provide advance notice whenever feasible. The departmental business office generates an online University termination report on the layoff/termination effective date.

Classified Staff–Non-Probationary and Transfer/Promotion Probationary: An employee will receive a written layoff notification in a Layoff Notification Memo or Layoff FTE Reduction (Below .50 FTE) Notification Memo, as appropriate. The employee will receive at least a thirty (30) calendar-day notice whenever feasible. Notice includes (1) the reason for the layoff, (2) the layoff/termination effective date, (3) the employee's current performance to document eligibility for layoff privileges, and (4) reference to this policy. Managers and supervisors are encouraged to develop transition plans for affected employees and identify appropriate University resources and support. A copy of the layoff notification memo must be provided to Human Resources Employee Records. The affected business office generates an online University termination report on the layoff/termination effective date.

The employee will be paid for accumulated vacation hours in a lump sum, not to exceed the amount earned in one year, in accordance with Classified Staff Policy 200.0 Vacation. When business needs dictate, the employee may be required to use some or all accumulated vacation prior to the layoff/termination effective date. Paid vacation and sick time accruals do not continue and cannot be used after the layoff/termination effective date.

Recall and Reemployment

A non-probationary Regular Classified Staff employee with at least satisfactory performance is eligible for recall rights for up to twelve (12) months following the layoff/termination effective date. Should the position become available, an individual with recall rights must be rehired, without recruitment, to the same position in the same job classification and within the same department or departmental program as the layoff occurred. Rehire through a recall is contingent upon successful completion of pre-employment screening (see Pre-employment Screening policy). Recall offers are initiated by a written notice from an authorized hiring department representative to the former employee's last address on record. Recall offer notices should list a date by which the former employee must contact the department in order to secure the position through recall.

An affected employee's recall rights will cease immediately upon the earliest of (1) securing a University position thatis eligible for full benefits, (2) securing University student employment, (3) unsuccessful completion of pre-employment screening for the recall position, (4) non-response to a recall notice or refusal of a recall position, or (5) the end of twelve (12) months following the layoff/termination effective date.

An employee notified of layoff may seek other University employment opportunities for promotion/transfer or reemployment. A promotion/transfer probationary period will apply if Regular Classified Staff employment is secured prior to the layoff/termination effective date. After separation, an employee rehired into any Regular Classified Staff position will serve a new initial probationary period.

Layoff Privileges

Regular Classified Staff employees (non-probationary and transfer/promotion probationary) whose performance is at least satisfactory are provided layoff privileges for up to twelve (12) months following their layoff/termination effective date.

1. Career Advising Services: Human Resources Employee and Career Advising offers career and reemployment coaching; use of these services does not create a right to reemployment.
2. Qualified Tuition Reduction Program: If employed at least five (5) consecutive years prior to the layoff/termination effective date, the former employee, spouse, and dependent children are eligible for the Qualified Tuition Reduction Program as an affiliated participant (see Qualified Tuition Reduction policy).
3. Additional Layoff Privileges
   • Other privileges may continue in accordance with policies of sponsoring departments (CatCard discounts, University e-mail account, recreation center membership, etc.).
   • Temporary University employment (ineligible for full benefits) may be accepted without jeopardizing layoff privileges.
   • The laid-off employee may compete for University employment openings as an internal candidate.

No layoff privileges are intended to create an employment relationship or right to reemployment. An affected employee's layoff privileges will cease immediately upon the earliest of (1) securing a University position that is eligible for full benefits, (2) securing University student employment, (3) non-response to a recall notice or refusal of a recall position, or (4) at the end of twelve (12) months following the layoff/termination effective date. These privileges may be modified or revoked at any time by the Vice President, Chief Human Resources Officer.

Insurance Coverage and Retirement

Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), an affected employee may continue any or all existing group medical, dental, and vision insurance coverage and health-care flexible spending account elections after layoff/termination. Life insurance conversion options are also available.

Retirement service credits do not accrue after the layoff/termination effective date. An employee who has left University service may contact the retirement plan (Arizona State Retirement System or Public Safety Personnel Retirement System) for information regarding account access/maintenance options.