Common use of Rights of Return Following a Layoff Clause in Contracts

Rights of Return Following a Layoff. As position vacancies occur, employees on layoff and those occupying positions to which they have bumped shall be afforded return rights in the order of their length of service in the classification(s) in which such vacancies occur. A. An employee shall have ten (10) calendar days from the mailing by certified mail of a notice of return to work to the employee’s address of record on file in the Human Resources Department to indicate acceptance of such return and the employee’s agreement to report for work as specified in the notice. B. Employees in layoff status shall retain all credited sick leave earned but unused at the time of layoff. An employee on layoff shall not earn vacation leave credit while in layoff status. Upon an employee's return from layoff, the employee shall begin to accrue sick leave and vacation leave based upon continuous uninterrupted service with the City including time spent in layoff status. Use of vacation leave so credited shall be subject to the provisions of this Memorandum of Understanding. C. Employees who are displaced from their classifications by virtue of layoff shall be placed on a reemployment register for the classification they held at the time the layoff occurred, hereinafter referred to as the "primary" register. They shall also be placed on reemployment registers for classifications in which they previously served, hereinafter referred to as "secondary" registers. If an employee fails to respond to such notice of return within the prescribed time period or declines to return from layoff to a secondary register classification, the employee's name shall be removed from said secondary register, and the employee shall no longer be eligible for recall to that classification. If an employee fails to respond to the notice of return within the prescribed time period or declines return to the primary register classification, the employee will be considered to have voluntarily resigned from employment with the City. D. Full-time employees who have bumped to a part-time position, or who have been recalled from layoff to a part-time position, shall be afforded an opportunity to return to full-time status as position openings become available. Such right of return shall be subject to the "length-of-service" and "service within classification" requirements provided in Sections 3.01, Layoffs, and 3.02, Layoffs Due to Contracting Work, of this Memorandum of Understanding. E. Employees who request and are granted a voluntary demotion to a vacant position in lieu of layoff shall be afforded the same rights of return as employees who have exercised bumping rights. F. An employee who, in lieu of layoff, was transferred to another position within the same classification shall be notified of an opening in the employee’s previous position and shall be afforded an opportunity to apply for reinstatement to that position.

Rights of Return Following a Layoff. Employees who are displaced from their classification by virtue of layoff shall be placed on a reemployment list as specified: 1. The reemployment eligible list for the position in the department from which the employee was laid off (“primary register”). 2. The reemployment eligible list for any parallel or lower classification in the department from which the employee was laid off (“secondary register”). Each reemployment eligible list shall consist of the names of employees and former employees having probationary or permanent status in the position for which the list was created and who were laid off. The rank order on such list shall be determined by relative seniority calculated pursuant to Section 3.03, Seniority. Such list shall take precedence over all other eligible lists in making an appointment to the position for which the list applies. As position vacancies occur, employees on layoff and those occupying positions to which they have bumped shall be afforded return rights in based on the order of their length of service in the classification(s) in which their names appear on the reemployment eligible list for the position. An employee’s name shall remain on the list for a period of one (1) year or longer at the discretion of the City Manager, unless such vacancies occur. A. An employee shall have ten (10) calendar days person is sooner reemployed or removed from the mailing by certified mail of a notice of return to work to the employee’s address of record on file list as provided in the Human Resources Department to indicate acceptance of such return and the employee’s agreement to report for work as specified in the notice. B. Employees in layoff status shall retain all credited sick leave earned but unused at the time of layoff. An employee on layoff shall not earn vacation leave credit while in layoff status. Upon an employee's return from layoff, the employee shall begin to accrue sick leave and vacation leave based upon continuous uninterrupted service with the City including time spent in layoff status. Use of vacation leave so credited shall be subject to the provisions of this Memorandum of Understanding. C. Employees who are displaced from their classifications by virtue of layoff shall be placed on a reemployment register for the classification they held at the time the layoff occurred, hereinafter referred to as the "primary" register. They shall also be placed on reemployment registers for classifications in which they previously served, hereinafter referred to as "secondary" registersSection. If an employee fails to respond to such a notice of return within the prescribed time period or declines to return from layoff to a secondary register classification, the employee's ’s name shall be removed from said secondary register, and the employee shall no longer be eligible for recall to that classification. If an employee fails to respond to the a notice of return within the prescribed time period or declines return to the primary register classification, the employee will be considered to have voluntarily resigned from employment with the City. D. . An employee who is removed from a reemployment list because the employee has failed to respond to a notice of return or refused the assignment will have no right to appeal such removal. It shall be the employee’s responsibility, at all times, to advise the City as to the employee’s current address. Full-time employees who have bumped or transferred to a part-time position, or who have been recalled from layoff to a part-time position, shall be afforded an opportunity to return to full-time status as position openings become available. Such right of return Former employees appointed from a reemployment eligible list shall be subject restored all rights and benefits to which they were entitled at the "length-of-service" and "service within classification" requirements provided in Sections 3.01, Layoffs, and 3.02, Layoffs Due to Contracting Work, of this Memorandum of Understanding. E. Employees who request and are granted a voluntary demotion to a vacant position in lieu of layoff shall be afforded the same rights of return as employees who have exercised bumping rights. F. An employee who, in lieu time of layoff, was transferred including reinstatement of any unused sick leave at the time of layoff. Reemployed employees shall not be eligible for benefits for which they received compensation at the time of or subsequent to another the date they were laid off. An employee who is reinstated to a position within held at the same classification shall time of layoff will be notified reinstated to the salary range and step held at the time of an opening in layoff. An employee who is reinstated to a lower position will be reinstated to the employee’s previous range for the lower position and shall at a step to be afforded an opportunity determined by the City Manager or designee. A reinstated employee who has not completed a probationary period for the reinstated position will be required to apply complete the probationary period for reinstatement to that the position.

Rights of Return Following a Layoff. As position vacancies occur, employees on layoff and those occupying positions to which they have bumped shall be afforded return rights in the order of their length of service in the classification(s) in which such vacancies occur. A. An employee shall have ten (10) calendar days from the mailing by certified mail of a notice of return to work to the employee’s his or her address of record on file in the Human Resources Department to indicate acceptance of such return and the employee’s his or her agreement to report for work as specified in the notice. B. Employees in layoff status shall retain all credited sick leave earned but unused at the time of layoff. An employee on layoff shall not earn vacation leave credit while in layoff status. Upon an employee's return from layoff, the employee shall begin to accrue sick leave and vacation leave based upon continuous uninterrupted service with the City including time spent in layoff status. Use of vacation leave so credited shall be subject to the provisions of this Memorandum of Understanding. C. Employees who are displaced from their classifications by virtue of layoff shall be placed on a reemployment register for the classification they held at the time the layoff occurred, hereinafter referred to as the "primary" register. They shall also be placed on reemployment registers for classifications in which they previously servedserved in, hereinafter referred to as "secondary" registers. If an employee fails to respond to such notice of return within the prescribed time period or declines to return from layoff to a secondary register classification, the employee's name shall be removed from said secondary register, register and the employee he or she shall no longer be eligible for recall to that classification. If an employee fails to respond to the notice of return within the prescribed time period or declines return to the primary register classification, the employee he or she will be considered to have voluntarily resigned from employment with the City. D. Full-time employees who have bumped to a part-time position, or who have been recalled from layoff to a part-time position, shall be afforded an opportunity to return to full-time status as position openings become available. Such right of return shall be subject to the "length-of-service" and "service within classification" requirements provided in Sections 3.01, Layoffs, 3.01 and 3.02, Layoffs Due to Contracting Work, 3.02 of this Memorandum of Understanding. E. Employees who request and are granted a voluntary demotion to a vacant position in lieu of layoff shall be afforded the same rights of return as employees who have exercised bumping rights. F. An employee who, in lieu of layoff, was transferred to another position within the same classification shall be notified of an opening in the employee’s his/her previous position and shall be afforded an opportunity to apply for reinstatement to that position.