1.1

These procedures are intended to assist departmental managers in developing and implementing Reduction In Force plans.

Scope

2.1

The Reduction In Force Procedures are applicable to Office/Service and Managerial/Professional positions at UNMC.

Basis of the Procedures

3.1

Section 4.4.1 of the Bylaws of the Board of Regents, University of Nebraska Central Administration Policy #7313, and University of Nebraska Medical Center Policy #1028 Reduction In Force are the basis of the Reduction In Force procedures of the University of Nebraska Medical Center.

Authorities and Administration

4.1

The UNMC Human Resources' Division Director of Employee Relations is responsible for the administration, implementation, and maintenance of the Reduction In Force Policy and Procedures at the campus level in consultation with the Assistant Vice Chancellor for Business and Finance Executive Director of Human Resources and the Vice Chancellor for Business and Finance.

Procedures

5.1

The approach of the UNMC Human Resources department in assisting in any Reduction In Force situation includes:

1. Providing for the continued successful operation of affected units.
2. Reducing organizational liability.
3. Protecting employees' interests as well as the institution' interests.
4. Maintaining positive employee relations under difficult conditions.
5. Providing transition services (internal and/or external).
6. Providing clear understanding of recall rights, reemployment eligibility or other UNMC career opportunities.
7. Providing broad support to employees - those who are impacted by Reduction In Force and those who remain on staff.

The Human Resources - Employee Relations department will assist in any way possible in assuring a fair and equitable Reduction In Force process that provides for continued operation of the affected unit.

5.2

Definitions:

1.     A "Reduction-in-Force" is the process through which the organization or units within the organization reduce staffing in reaction to changes in organizational emphasis, reduction or reallocation of funding, or other factors.  This may apply to a single position or groups of positions.

2.     "Lay-off" is the separation from one's employment as the result of elimination of a position or a general Reduction-in-Force.

3.     "Recall" refers to the right to rehire in the previous position from which the employee was laid off.  A regular employee, not on original probation, shall have the right to recall to the position previously held, or, provided the employee is qualified, to a position in the same department at a classification comparable to or lower than that previously held, should such position(s) become available in the twelve-month period after lay-off. The twelve-month period shall begin the day the Reduction-in-Force is effective, which shall be defined as the last day the employee performed services for UNMC.

4.     "Reemployment," as used in these guidelines, refers to the eligibility for rehire in a different position in the same department from which the employee was separated, or for rehire in any position in another department at UNMC.

5.     "Comparable Position" refers to a position requiring similar general knowledge, skills, and abilities, working conditions, and job content (tasks and responsibilities) as the position from which an employee was laid off. A comparable position would normally be within one salary range of the employee's previous position, with not more than a 10% pay differential. A comparable position will also have a similar work schedule in terms of work shift and work days (not less than 50% overlap).

Note: Reduction In Force or Lay-off does not refer to the separation of a temporary employee or to the planned termination of an appointment for a specific term or other position with a previously established end date (i.e., end of grant).

5.3

Reduction in force decisions should be based on factors that relate to the function of the affected department.  Program needs and operating efficiency will determine in what order positions will be eliminated and employees separated.

Within a program or function, consideration will be given to funding sources, types of appointments held, and quality and length of service. Within these guidelines, employees should normally be released in the following order:

1. Part-time Temporary
2. Full-time Temporary
3. Original Probationary
4. Regular Part Time Employees
5. Regular Full Time Employees.

The criteria to be used and results of such use must be reviewed with Human Resources - Employee Relations and approved by the appropriate Chancellor's Council member (or his/her designee) prior to application.

Human Resources , Employee Relations department will provide materials and or assistance for departments to assess the decision-making process and impact of such decisions.

5.4

All employees impacted by the reduction in force will be notified in writing. Office/Service employees being laid off must be notified at least two weeks prior to the date of release. Managerial/Professional employees must be notified at least 90 days prior to release. Longer notice periods may be established by the Vice Chancellor for Business and Finance.

Note: Practice at UNMC has been to provide 90 calendar days notice to all employees. The continuation of this practice will depend on the circumstances involved in each lay-off situation and if a financial exigency is declared by the Board of Regents.

5.5

Benefits:

1.     Employees separated from UNMC through a reduction in force may be eligible for unemployment benefits as determined by the Nebraska Department of Labor.  Costs for unemployment benefits are the responsibility of the department from which the employee was laid off.  For additional information regarding unemployment benefits employees may contact UNMC Employee Relations office at 559-4371.

2.     Employees separated through a reduction in force may be eligible for continuation of health insurance coverage for a period of up to 18 months under the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). Such coverage is at the laid off employee's expense.  For additional information regarding health insurance continuation after separation employees may contact UNMC Benefits office at 559-4340.

3.     Employees separated through a reduction in force shall be paid accrued, unused vacation and floating holidays in their final paycheck.  Note: Employees subject to lay-off may not be required to use vacation or floating holidays during the notice period to reduce the obligation of the department.

5.6

Reemployment for employees subject to a reduction in force:

1.     Recall rights:

A regular employee, not on original probation, shall have the right to recall to the position previously held, or, provided the employee is qualified, to a position in the same department at a classification comparable to or lower than that previously held, should such position(s) become available in the twelve-month period after lay-off.  The twelve-month period shall begin the day the reduction in force is effective, which shall be defined as the last day the employee performed services for UNMC.

2.     Reemployment eligibility:

a.     A regular employee, not on original probation, will be eligible for reemployment in a position comparable to or lower than that formerly held, provided the employee is qualified for the position, should a vacancy occur at UNMC in the twelve-month period after separation.

b.    Eligibility for reemployment does not constitute a right to reemployment; however employees who have been laid off through a reduction in force will receive preferential consideration for positions for which they are qualified for the twelve-month period following the lay-off. In this context, "preferential consideration" will mean that laid off employees will be referred to and interviewed for positions for which they are qualified.

c.     A laid off employee who declines recall or reemployment in the position previously held will forfeit any recall right and reemployment eligibility.

d.    A laid off employee who declines reemployment in a comparable or non comparable position shall retain recall right, and eligibility for reemployment, should a vacancy occur within twelve months after lay-off.

e.     A laid off employee who accepts employment in a comparable position to that previously held or higher will forfeit any further recall right and reemployment eligibility.

f.     A laid off employee who accepts employment in a non-comparable position shall retain their reemployment and recall rights.

g.    A laid off employee who does not respond within five working days to an offer of reemployment will forfeit recall right reemployment eligibility.

h.     The term "reemployment," and the rights and limits to reemployment referenced herein, are to be construed within the context of a reduction in force situation.

3.     Pay and benefits for those reemployed:

a.     Laid off employees shall be considered separated from UNMC for pay purposes but, if they are reemployed at UNMC within three years, the service date will be readjusted.

b.    Upon reemployment, laid off employees will be treated as new employees for pay purposes, except that employees recall to the same position as they occupied prior to the reduction in force shall receive the rate of pay to which they would have been entitled had they not been a part of a reduction in force.

5.7

Employees may not grieve the decision to institute a Reduction-in-Force or the criteria on which order of lay-off is based; however, inappropriate or unfair application of criteria may be grieved.

Equal Employment Opportunity

6.1

The University of Nebraska Medical Center declares and affirms a policy of equal educational and employment opportunities, affirmative action in employment, and nondiscrimination in providing its services to the public. Therefore, the University of Nebraska Medical Center shall not discriminate against anyone based on race, age, color, disability, religion, sex, national or ethnic origin, marital status, genetic information, sexual orientation, political affiliation, Vietnam-era veteran status, or special disabled Veteran status. Sexual harassment in any form, including hostile environment and quid pro quo, is prohibited.

For additional information, contact Human Resources - Employee Relations at 559-2710.