Common use of Rights of Employees Upon Layoff Clause in Contracts

Rights of Employees Upon Layoff. Voluntary Reductions in Hours, and Involuntary Reductions in Hours 15.2.5.1 A re-employment list for each classification subject to layoffs and Involuntary Reductions in Hours will be established and maintained for at least 39 months, or until exhausted, whichever is sooner. Employees who take voluntary reductions in lieu of layoff shall receive an additional twenty-four (24) months of reemployment rights. (Education Code Section 45298) 15.2.5.2 The names of employees who are laid off or involuntarily reduced will be placed on the re-employment list in accordance with length of service in the class, plus higher classes. 15.2.5.3 Persons on a re-employment list will be reemployed over all other candidates for a position vacancy in the reverse order of layoff pursuant to Education Code section 45308. However, because voluntary reductions in hours are not initiated based on seniority in a position, but rather, are specific to a particular position held by an individual person, the following applies: for a period of sixty-three (63) months, individuals who have accepted a voluntary reduction in hours shall have their hours restored to them prior to the increase or addition of hours to any other position in that classification at that work site; and, seniority shall determine the order of restoration of hours when multiple individuals accepted voluntary reduction in hours at that site and in that classification, unless it can be reasonably determined that the hours are being restored to the specific position/individual who was reduced rather than a class of positions in general. 15.2.5.4 Employees on re-employment lists shall be eligible to compete for vacancies for which they can qualify and shall be considered as promotional applicants, as provided for in the rules of the District. 15.2.5.5 An employee who meets the qualifications may elect retirement under the Public Employees Retirement System and shall be placed on an appropriate re-employment list. If an employee subsequently accepts, in writing, an appropriate vacant position within the period of 39 months, the District shall maintain the position until PERS has processed the request for reinstatement from retirement. 15.2.5.6 Employees entitled to "bump" are only eligible for positions with the same or fewer hours.