Procedure Regarding Lay-Off Clause Samples
The Procedure Regarding Lay-Off clause outlines the steps an employer must follow when temporarily suspending employees from work due to business needs or external circumstances. Typically, this clause details the notice requirements, the criteria for selecting employees to be laid off, and any obligations for recall or re-employment once conditions improve. Its core function is to ensure a fair and transparent process for both employer and employees, minimizing disputes and providing clarity during periods of operational uncertainty.
Procedure Regarding Lay-Off. For classified non-management employees only (added 9/28/11):
A. When classified employees are laid off for lack of work or lack of funds, the order of lay-off within the class shall be determined by seniority. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Seniority will be based on date of hire without consideration of total numbers of hours worked, regardless of any leaves of absence.
B. In the case of a tied seniority date in the current classification, the employee with the earliest date of hire at SLOCOE will have the higher seniority. Should a tie still exist, the employee with the highest number based on the last 4 digits of the social security number will receive the higher seniority (for example, 5819 is higher than 3515). Should the digits (and, therefore, the number created) be identical, the first number to the left will be included (for example, 65819 would be higher than 55819).
C. Emergency, limited-term and provisionally appointed employees shall be laid off before any regular classified employees within a classification.
D. An employee who is laid off due to lack of work or lack of funds shall have the right to displace (bump) the least senior employee with the same or greater total compensation in the current classification. (Total compensation is based on months and hours worked plus benefit costs for the position). If there is no equal or greater position available in the current classification, the employee will be given the option of displacing into the position with the greatest total compensation in their current or previously held classification.
E. Any classified employee who is displaced (bumped) by an employee with greater seniority shall have displacement (bumping) rights outlined above as though s/he were laid off for lack of work or funds.
F. An employee who has accepted a voluntary demotion in lieu of layoff shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24 months; provided that the same tests of fitness under which they qualified for appointment to the class shall still apply.
G. An employee who has accepted a voluntary demotion or transfer to a previously held position in lieu of layoff shall be placed at the step closest to their current salary without exceeding the salary for the range of the new classification.
H. An employee who has accepted a voluntar...