(Approved by USM BOR on April 21, 2017; UMGC President on July 1, 2017)
Purpose and Applicability
This policy establishes the period of notice and recall status for University of Maryland Global Campus (UMGC) Exempt and Overseas Staff employees on Regular Status who are being laid off due to any of the reasons described in this policy.
Unit of Layoff: A department or portion of a department identified as designated by the Chief Human Resources Officer (CHRO) in the "UMGC List for Layoff and Reinstatement" (List). This List will be approved by the UMGC President or designee and may be revised from time to time.
Displace/Displacement: The ability to take the job of another employee to avoid separation because of a layoff.
Notification Period: The period between the date an employee is notified a layoff will occur and the effective date of separation as a result of layoff.
Layoff and Notice
A layoff may occur when the Department Head determines that a position(s) should be abolished or discontinued because of reduction or termination of funds, program change, change in departmental organization, stoppage, or lack of work. In addition, the Department Head may consider performance of the affected employees when determining which employee(s) will be laid off.
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 prior to informing the affected employee(s) of the layoff. The CHRO or designee shall review the written notice and certify that the order of layoff is appropriate.
After appropriate certification for the layoff by the CHRO or designee, the appropriate administrator shall provide at least 90 calendar days advance written notice of layoff to the affected employee(s). The notice of layoff shall be delivered to the employee(s) in person or to the employee's last known address via a delivery method that allows for delivery confirmation.
For layoffs that are due to reduction or termination of funds, the period of notice of layoff may be shorter than that stated in Section III.C., above, if the notice by the funding source of reduction or termination of funds provided to the UMGC is less than the required 90 calendar days notice. In such cases, the affected employee(s) shall be notified by the appropriate administrator as soon as possible, but no later than five (5) work days following UMGC's notice of fund reduction or termination.
At the discretion of UMGC, the employee may be placed on paid Administrative Time Off during part or all of the notification period. In such an event, the employee shall continue to earn Sick, Vacation and Personal Time Off (if applicable). For Holidays during the notice period, the employee shall be carried on earn/use Holiday Time Off.
Exempt or Overseas Staff employees shall not have the right to displace another employee in any employment category.
An employee who is in good standing shall be recalled for reappointment following a layoff if, within one (1) calendar year from the effective date of layoff, the specific position with the same job responsibilities from which the layoff occurred is reestablished. "Good standing" for purposes of this policy means that the employee is meeting or exceeding performance expectations during the last review cycle prior to the layoff, is not currently on a performance improvement plan, and/or has not received any written discipline in the preceding six (6) months.
A person who is appointed to any position in the UMGC within three (3) years of being laid off shall be considered in a reinstatement status as provided for in the VII-1.31-GC – UMGC Policy on Reemployment and Reinstatement.
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.
USM BOR VII-1.32: Policy on Layoff of Regular Exempt Staff Employees