Common use of Procedure Regarding Lay-Off Clause in Contracts

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 voluntary reduction in assigned time to remain in their present positions rather than be reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for positions with increased assigned time (and without limitation of time) for an additional period of up to 24 months. I. Persons laid off because of lack of work or lack of funds are eligible for reemployment for a period of 39 months and shall be reemployed in preference to new applicants. Persons on the reemployment list shall be ranked by seniority, and shall be reemployed in the reverse order of the layoff. In addition, such persons laid off have the right to participate in promotional exams within the period of 39 months. J. A regular classified employee who is reemployed in a previously held classification shall be appointed at the same step which he/she held at the time of layoff. See seniority section for effect on seniority accruals. For classified management only: It is the intent of the following sections to keep the employee being laid off as "whole"* as possible. (Added 3/28/91) 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 length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. For purposes of this rule, for service commencing and continuing after July 1, 1971, "length of service" will be based on date of hire without consideration of total numbers of hours worked whether during the school year, a holiday, recess, or during any period that a school is in session or closed. In the case of a tie after application of the above, the employees will draw lots to determine preference. B. Emergency, limited-term and provisional employees shall be laid off before any regular classified employees within a class. C. Persons laid off because of lack of work or lack of funds are eligible for reemployment for a period of 39 months and shall be reemployed in preference to new applicants. In addition, such persons laid off have the right to participate in promotional exams within the period of 39 months. D. Reemployment shall be the reverse order of lay-off. E. All time spent on approved leaves with pay and on military leave shall count toward seniority accrual.

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 voluntary reduction in assigned time to remain in their present positions rather than be reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for positions with increased assigned time (and without limitation of time) for an additional period of up to 24 months. I. Persons laid off because of lack of work or lack of funds are eligible for reemployment for a period of 39 months and shall be reemployed in preference to new applicants. Persons on the reemployment list shall be ranked by seniority, and shall be reemployed in the reverse order of the layoff. In addition, such persons laid off have the right to participate in promotional exams within the period of 39 months. J. X. A regular classified employee who is reemployed in a previously held classification shall be appointed at the same step which he/she held at the time of layoff. See seniority section for effect on seniority accruals. For classified management only: It is the intent of the following sections to keep the employee being laid off as "whole"* as possible. (Added 3/28/91) 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 length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. For purposes of this rule, for service commencing and continuing after July 1, 1971, "length of service" will be based on date of hire without consideration of total numbers of hours worked whether during the school year, a holiday, recess, or during any period that a school is in session or closed. In the case of a tie after application of the above, the employees will draw lots to determine preference. B. Emergency, limited-term and provisional employees shall be laid off before any regular classified employees within a class. C. Persons laid off because of lack of work or lack of funds are eligible for reemployment for a period of 39 months and shall be reemployed in preference to new applicants. In addition, such persons laid off have the right to participate in promotional exams within the period of 39 months. D. Reemployment shall be the reverse order of lay-off. E. All time spent on approved leaves with pay and on military leave shall count toward seniority accrual.