UMGC Policy on Layoff for Nonexempt Staff Employees

(Approved by USM BOR on April 27, 2017; UMGC President July 1, 2017)

1. Purpose and Applicability

   The following policy and procedures are established for the layoff of UMGC Nonexempt Staff employees who are in positions that are to be abolished, discontinued, or vacated because of a lack of supporting funds, program change, change in departmental organization, or stoppage or lack of work. This policy applies to all full-time and part-time Nonexempt Staff employees in Regular Status including Nonexempt employees who are on approved Leave of Absence With or Without Pay. Nonexempt Staff employees who are included in the representation of the collective bargaining unit are subject to the Memorandum of Understanding (MOU) and applicable UMGC HR Policies; where there is a conflict between the two, the MOU will prevail.

2. Definitions

   1. Unit of Layoff: A department or portion of a department identified as designated by the Chief Human Resources Officer (CHRO) in the "UMGC Unit List for Layoff and Reinstatement" (List).  This List will be approved by the President or designee and may be revised from time to time. The List shall be published under the applicable procedures.

   2. Displace/Displacement: The ability to take the job of another employee to avoid separation because of a layoff.

   3. Notification Period: The period between the date when an employee is notified a layoff will occur and the effective date of separation as a result of layoff.

   4. Job Series: A group of two (2) or more job classes in the same occupational area which requires the application of the same knowledge, skills, and abilities at varying levels of proficiency or responsibility.

3. Nonexempt Staff Layoff Procedures

   1. The Department Head shall notify the CHRO or designee in writing of the number of positions to be abolished, discontinued, or vacated, together with the reasons for them, and the list of names of employees to be laid off. The CHRO or Designee shall review the written notice and certify that the order of layoff is appropriate.

   2. Sequence of Layoff

      1. The Department Head or Chairperson shall lay off employees who are serving an original probationary period, and who are in the classification in which the layoff is to occur, in accordance with the UMGC applicable procedures for this policy.

      2. The Department Head next shall lay off Regular Status employees who have completed an original probationary period, and who are in the classification in which the layoff is to occur, in order of seniority, with the employee having the lowest number of seniority points being laid off first.

      3. The Department Head shall notify, in writing, employees who are to be laid off at least 90 calendar days before the effective date of the layoff.

   3. The CHRO or designee shall maintain and make available a listing of job classifications by job series.

   4. Seniority Points

      1. Formula for Establishing Seniority Points

         1. One point shall be given for each complete month of credited service for the following:

            1. University System (and/or predecessor organizations) and State service including service as medical system University personnel as defined in the Education Article, Section 13-1B-01(r).

            2. Service with the department where the layoff is to occur; and

            3. Service in the job classification and its job series where the layoff is to occur.

         2. For creditable service of less than a complete month, the employee shall be credited with .032 points for each day of creditable service.

         3. For part-time employees, creditable service shall be determined by the funded percentage of the position.

      2. The combined totals of all points shall determine the order of layoff. If two (2) or more employees in the same classification have the same number of seniority points, they shall take their standing in the order of layoff based upon the following criteria:

         1. The CHRO or designee first shall compute each employee's total length of employment in combined State and University System service.

         2. The employee who has the shortest service shall be laid off first.

         3. If two or more employees have the same standing after the application of Section D.2.a, the President will determine the employee(s) to be retained based upon a detailed written evaluation of the specific skills, knowledge, or abilities of each employee prepared by the Department Head.

      3. The CHRO or designee shall notify the President of those employees who have been laid off.

   5. Displacement

      An election to exercise displacement rights must be made by the employee by giving written notice to the CHRO within 15 days of having received the notice of layoff.

      1. An employee in a position which is to be abolished, discontinued, or vacated shall be allowed to displace another employee with the least seniority in the same job classification, or, if not available, either:

         1. Progressively to each lower level classification in the same job series; or

         2. In any other job classification in which the employee held satisfactory regular status.

      2. The displacement as applied in (1) above shall be limited to the department in which the employee is currently employed.

      3. An employee who elects not to displace another employee in accordance with Sections E and F of this policy shall be laid off.

   6. Certification and Rehire

      1. UMGC List

         Employees who are designated to be laid off shall receive notification of reinstatement procedures and shall be certified to the Department eligible list for the classification from which the layoff occurred and to any classification in the series or comparable occupational area as that from which the employee was laid off. The employee shall be entitled to priority for appointment to vacancies in the classification in which the employee was laid off, any lower level classification in that Job Series, or any classification for which the employee has completed an original probationary period or for which a probationary period was not required.

      2. List for Other USM Institutions

         Employees who have been notified that they are to be laid off must notify the UMGC CHRO of their interest in being considered for positions at other USM Institutions. The CHRO shall provide the necessary information to the other USM Institutions in which the employee has expressed an interest. The other USM Institutions shall place such employees on the eligible list for classifications for which they are qualified, based on seniority points.

   7. An employee who is displaced is subject to the general provisions of this policy. Nothing in this policy shall be interpreted to prevent the layoff of an employee who voluntarily files with the Department Head a written request to be laid off.

   8. Nothing in this policy shall allow a Nonexempt employee the right to displace an Exempt employee or the right to reinstatement to an Exempt position.

Implementation Procedures

The UMGC President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the UMGC community; and to post the policy and any applicable procedures on the UMGC website.

Replacement for:

• USM BOR VII-1.30: Policy on Layoff for Nonexempt Staff Employees