Common use of Casual and Temporary Employees – Voluntary Program Clause in Contracts

Casual and Temporary Employees – Voluntary Program. Employees who have been laid off from their regular positions may be employed in temporary positions under the following rules: 1. Employees who have completed at least three (3) years of service as of the date of their layoff will be eligible to participate. Eligible employees must make a written election to participate or not to participate within two (2) weeks of receiving the notice of layoff. 2. An employee in the program will be covered by the collective bargaining agreement except as provided herein. 3. An employee who elects to participate: a. Will not receive the severance allowance provided in Article 20 of the collective bargaining agreement. In its place, the employee will be retained at his/her salary as of the date of layoff, and will receive the fringe benefits provided in the collective bargaining agreement, for a period of time equal to the number of weeks of severance pay the employee would have received under Article 20. b. Must accept all offered temporary, casual or training assignments and must work the same number of hours per week as the employee worked prior to the layoff, for the duration of time provided in paragraph 3(a). The University will attempt to accommodate work hour preferences, but cannot guarantee that the schedule and location of such assignments will be the same as those which the employee worked prior to the layoff. The University may assign any work which is of a general clerical nature for which the employee is minimally qualified. c. Will receive holiday pay for any holidays which occur, but will not be eligible to use vacation, personal leave or sick leave while in the program, except as follows: i. Because of the temporary nature of the assignments, the use of sick leave for absences due to illness shall be limited to one (1) day per month. In the event of longer absences due to illness, the employee will be required to use accrued vacation in lieu of sick leave. Employees in the program may be required to provide satisfactory evidence of illness; or ii. After completion of a three (3) month period in the program, an employee may use one (1) week of previously accrued vacation for vacation purposes, provided the vacation is scheduled in advance. d. Will be paid for overtime worked, in accordance with the collective bargaining agreement. e. Must apply for any posted bargaining unit position for which the employee is qualified in the same or any lower grade. An employee who is offered a regular position at the same or greater salary, and who refuses such offer, will be terminated from the program and will receive a layoff allowance equal to the difference between the employee’s original severance entitlement under Article 17 and the number of weeks they were in the program. f. An employee will remain in a temporary assignment which extends longer than the length of time that the employee would otherwise be in the program unless the employee accepts a regular position. 4. An employee who fails to work on any day covered by paragraph 3 when work is offered may be terminated from the program and will receive a layoff allowance equal to the difference between the employee’s original severance entitlement under Article 20 and the number of weeks they were in the program. 5. If the department determines that the employee is not qualified or able to perform the duties of the temporary assignment, the department may remove the employee from the temporary assignment and return the employee to the pool. Such action shall not be grievable or arbitrable. 6. The employee will retain seniority for the balance of time as defined in Article 9.