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Policy: Layoff for University Staff Employees 


Date: 11/25/08 Policy ID: HRM-015 Status: Final

Policy Type: University
   
Contact Office: Consulting Services (UHR)
   
Oversight Executive: Vice President and Chief Human Resources Officer
   
Applies To: Academic Division and the College at Wise.
   
Table of Contents: Policy Statement
   
Reason for Policy: Provides uniform criteria should it become necessary to reduce the number of employees or to reconfigure the work force, including change of positions from full-time to part-time status,  in the event of financial stringency, reorganization, consolidation or discontinuance of a department, or reduction or elimination of specific services.
   
Policy Summary: 
   
Definition of Terms in Statement: 

University Staff employee: Those salaried, non-faculty employees hired on or after July 1, 2006, and those salaried non-faculty employees and administrative and professional faculty electing to participate in the University Human Resources System established by the Board of Visitors under the authority granted by the Restructuring Act and the Management Agreement.

Restructuring Act: The Restructured Higher Education Financial and Administrative Operations Act, Chapter 4.10 of Title 23 of the Code of Virginia.

Management Agreement: The agreement between the University and the Commonwealth required by Subsection D of §23-38.88 of the Restructuring Act.

Restricted Position:  A University Staff position that is:
  1. created to complete a specific function or project within a defined period of time, and has a required system end date established at the time of hire or as subsequently extended; or
  2. funded wholly or in part from non-continuous or non-recurring funding sources (e.g., grants, donations, contracts, etc.) and contingent on the continued availability of funding, the cessation of which for any reason results in the abolition of the position.
   
Policy Statement: 

Appropriate staffing is critical to the University’s mission of excellence in teaching, research, and public service.  However, when faced with changing economic or programmatic imperatives, the University may have to reduce its work force. Viable alternatives such as retraining or reassignment will be considered before initiating lay offs. When it becomes necessary, the University will administer layoff actions in as equitable, humane and consistent manner as possible.

The Layoff Policy established by the Commonwealth of Virginia Department of Human Resources Management (Policy 1.30: effective September 25, 2000 and revised effective May 16, 2006), shall be, in all respects except where noted below and in the definition of restricted employee, applicable to University staff employees of the University. The University adopts the Layoff Policy 1.30 pursuant to the authority granted in the Restructuring Act and the Management Agreement. By the same authority, and to the extent permitted by the Restructuring Act and the Management Agreement, the University reserves the right to change, amend, or delete in whole or in part the provisions of the Layoff Policy 1.30 without the prior review or approval of any state agency, and shall not be bound by any future change, addition, deletion or amendment in whole or in part of Layoff Policy 1.30 by any agency of the state unless such change, addition, deletion or amendment is required by the Restructuring Act or the Management Agreement.

The policy on Layoff of University Staff Employees differs from the State Layoff Policy 1.30 in that:

(1) Initial Layoff Notices. Initial layoff notices to employees shall be made at least sixty (60) calendar days prior to the date of layoff or placement. (The State Layoff Policy 1.30 provides only a two (2) weeks notice.)

(2) Layoff Benefits for Restricted Employees.  Restricted employees are eligible for layoff benefits only if (a) the position held immediately prior to the position being discontinued was a full-time salaried non-restricted classified or university staff position, and (b) there was no break in service between the full-time non-restricted classified or university staff position and the restricted position.

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Procedures: 
   
Related Information: 

1.30, Layoff
Severance Benefits for University Staff Employees
Temporary Reduction in Workforce for University Staff Employees

   
Policy Background: 
   
Major Category: Human Resource Management
   
Category Cross Reference: 
   
   
Process: 
   
Next Scheduled Review: 11/25/16
   
Approved By, Date: Executive Vice President and Chief Operating Officer, 11/25/08
   
Revision History: Updated 3/1/13.
   
Supersedes (previous policy):