§2.21
Terminations
Responsible Manager
Rev. 03/08
Employees who plan to resign from employment at the Laboratory are requested
to give their supervisor two weeks' or more advance notice of their planned
resignation, when possible, to enable prompt action to be taken to recruit replacements
for their positions. The supervisor must immediately acknowledge in writing
the employee's intention to terminate.
Lawrence Berkeley National Laboratory operates principally with funds provided
by the United States Department of Energy (DOE). The total level of funding
and the level of funding for specific divisions of the Laboratory and specific
programs within each division are determined each year, with the final determination
made in Washington by action of the United States Congress, the Office of Management
and Budget, and DOE. The composition of the Laboratory staff must be suitable
for carrying out the advanced research and technology goals determined by the
budget review process. Because the Laboratory has no final control over its
funding, it is unable to guarantee long-term employment, and its rules on terminations
must acknowledge the fact that the overall Laboratory budget may be reduced
and/or the level of support for individual programs may be reduced in any budget
year. Laboratory policy and procedures on termination of employment because
of lack of work (including lack of work because of reorganization or lack of
funds) are described in Paragraph
(B)(1)–(8), below. The provisions of this paragraph (Reduction
in Force) apply only to employees who hold career appointments.
See RPM §§2.01(D)
(Types
of Appointments),
and 2.05(A)(Areas
of Responsibility)–(B)(Early
Problem Resolution). See also RPM §2.07(C)
(Types
of Professional Research Staff Positions) for additional information
on reduction in force for the professional research staff.
The policy of the Laboratory is to minimize, by anticipating and planning
for reduced staff needs, the effects of layoffs and reductions in time of career
employees when such layoffs or reductions in time are necessitated by lack
of funds or lack of work. The Laboratory will give eligible employees preferential
opportunities for reassignment or transfer before layoff, the right to be recalled
to the division from which they have been laid off, and preference for reemployment
in all divisions of the Laboratory.
In order to avoid a layoff, the Laboratory may reassign an employee targeted
for layoff to a position for which the employee is qualified at the same or greater
percentage of time and at the same or higher salary as determined by the salary
range maximum. Such action will nullify the layoff.
2. Layoff Units
Layoff units are administrative entities within the Laboratory that allow
the Laboratory to administer the reduction-in-force policies in the RPM and
collective bargaining agreements. They provide the structure to identify
individuals who will be affected by a reduction-in-force.
Laboratory Management has the sole authority to determine layoff units and
the determination is not subject to the complaint resolution policy. Employees
will be provided appropriate notice before the implementation of any changes
in layoff units that affect them.
See Layoff
Units List for current listing of components of each of the above.
3. Decision to Implement
Reduction
Note: For the purposes of administering this policy, "layoff unit manager" is
defined as the manager with the ultimate organizational responsibility for
each of the layoff units (e.g., division director, department head, etc.).
Laboratory management has the sole discretion to determine the need for layoffs,
the classification of employees to be laid off and the layoff unit, consistent
with this policy.
When a reduction in force is required, each layoff unit manager will review the
programs, departments, or areas for which he or she is responsible and determine
the number of employees, classifications, and programs to be involved in the
reduction. The layoff unit manager, working with the Human Resources Center and
Labor and Employee Relations (LER), will take into account the objectives of
the Affirmative Action Compliance Program through consultation with the Work
Force Diversity Office and discussion with the Head of the Human Resources Department
before initiating further action.
Employees in noncareer positions are normally the first to be reviewed when lack
of funds or lack of work necessitates a decrease in staffing levels. The layoff
unit manager may determine which noncareer employees are to be terminated or
reduced in time and the effective date of the action.
A layoff unit manager or designee will inform employees in the specific program,
department, or area of the division where lack of funding or work has been identified
such that a reduction in force is necessary. He or she may also request
volunteers for layoff.
4. Order of Layoff
The layoff unit manager is responsible for selection of individual employees
to be released. The selection and the terms or conditions of the release are
subject to prior review by the Head of the Human Resources Department, or his/her
designee, and the Head of the Workforce Diversity Office. The order of layoff
for career employees in the same job title/code and layoff unit will be in
inverse order of seniority. A layoff unit manager may retain any employee irrespective
of seniority if the employee possesses special skills, knowledge, or abilities
that are not possessed by more senior employees in the same class and are necessary
to perform the ongoing functions of the layoff unit. All such exceptions will
be documented and require the approval of the Head of the Human Resources Department.
A layoff unit manager may, when feasible, accept volunteers for layoff in lieu
of other employees. The acceptance of individual voluntary layoffs will be based
on the operational needs of the division. When an employee volunteers for layoff
in lieu of another employee and is subsequently selected for layoff, the employee
is entitled to the full protection of the layoff policy, with the exception of
recall and preferential rehire rights. He or she should be informed that
eligibility for unemployment insurance benefits depends on the evaluation of
the termination by the State of California Employment Development Department.
5. Determination of Seniority
For purpose of layoff, seniority will be determined on the basis of one point
for each month of full-time-equivalent paid University service in any job class
or title. Employment before a break in service will not be counted. A break
in service is a separation of at least one scheduled working day of Laboratory/University
employment. Authorized leave without pay and time on preferential rehire status
do not constitute a break in service. When employees have the same number of
full-time-equivalent months, the employee with the most recent hire date will
be laid off first.
6. Notification to Employees
The layoff unit manager is responsible for ensuring that employees are notified
of their layoff in accordance with the plan agreed on with the Human Resources
Department. The scheduling of notifications and the conduct of the notification
interviews should be handled to minimize the anxiety and disturbance of other
employees. Notification will be accomplished orally and will include instructions
for obtaining assistance and guidance from the Human Resources Department.
The terms of the layoff will be confirmed to the employee by a letter signed
by the Head of the Human Resources Department or designee. The letter will include
a statement regarding unemployment insurance, the effect of the layoff on the
employee's benefits, the procedures for recall and preferential rehire, and the
name of the person to contact for assistance. Written notice will be at least
30 calendar days before the effective date or, if less than 30 calendar days'
written notice is given, a career employee will receive pay in lieu of notice
for each additional day he or she would have been on pay status had the employee
been given 30 calendar days' notice. See RPM §2.07(C)
(Types of Professional Research Staff Positions) for notice provisions
for the professional research staff.
It is the layoff unit manager's responsibility to ensure that career employees
who are scheduled for layoff are given primary consideration for vacancies
in the layoff unit for which they are reasonably qualified.
The designated Layoff Coordinator in the Human Resources Department is responsible
for assisting employees who have received a reduction in force notice or who
have been terminated as a result of a reduction in force (during the period of
recall and preference for reemployment eligibility). This assistance includes,
but is not limited to:
- Reviewing with the employee the terms of the planned release and explaining
recall and preference for rehire.
- Referring the employee to the Benefits Office, Employee Assistance Program,
and other Laboratory services and outside agencies as appropriate
or requested.
- Referring the employee to the agency providing outplacement services.
- Coordination with the appropriate Human Resources Center Manager regarding
any employee requests to be considered for preference for rehire.
- Providing assistance in preparing a résumé and other job-hunting
skills.
In addition, the Layoff Coordinator is responsible for maintaining the recall
and preference roster and other records, as noted in Paragraph
(9)(e), below.
8. Continuation of Benefits During Layoff
An employee on layoff status may continue in certain group insurance programs,
if previously enrolled, for the length of time provided by the University's
contract with the insurance carrier, subject to the payment of full premiums.
Retirement system regulations determine the effect of the layoff on retirement
benefits. The employee should contact the Laboratory's Benefits Office regarding
eligibility for continuation of benefits.
9. Reemployment from Layoff
- Right to Recall to Layoff Division
- Only career employees who have passed probation and who did not volunteer
for the layoff are eligible for recall.
- An employee has the right to recall for three years from the date
of layoff.
- An employee who is separated or whose time is reduced because of layoff
will be recalled in order of seniority into any active and vacant career
position for which the employee is qualified when the position is in
the same class and layoff unit and at the same or lesser percentage
of time as the position held by the employee at the time of layoff.
A layoff unit manager may reject an employee for recall only if the
employee lacks qualifications required for the position. Reasons for
rejection will be provided by the layoff unit manager, in writing, to
the Head of the Human Resources Department for review and approval.
An employee who is recalled for a position different from the one held
at the time of layoff may, on written notification, be required to serve
a trial employment period of up to six months on rehire. An employee
who is required to serve a trial employment period may, at any time
during the trial employment period, return to layoff status at the employee's
or the layoff unit manager's discretion. Time spent in trial employment
will not count against the period of eligibility for recall or preference
for rehire.
- Right to recall terminates if an employee
(a) refuses an offer to return to the layoff unit division and job title/code
from which he or she was laid off at the same or greater percentage
of time,
(b) refuses two offers of reemployment for career positions at the same
or higher salary level and the same or greater percentage of time as
the position he or she held at the time of layoff,
(c) accepts a career position at the same or higher salary level and
the same or greater percentage of time as the position he or she held
at the time of layoff, or
(d) retires.
- Right to recall continues during, but is not extended by, periods
of temporary, non-career Laboratory employment.
- Right to recall is suspended if an employee does not respond to written
notice of an employment opportunity or if the employee does not respond
in the affirmative to periodic inquiries about continuing his/her right(s)
after one year. Right to recall may be reinstated, however, on written
request of the employee and approval of the Head of the Human Resources
Department.
- Preference for Reemployment
- Only career employees who have passed probation and who did not volunteer
for the layoff are eligible for preference for rehire rights.
- An employee with less than five years of seniority (see Paragraph
(B)(5) above) has preference for reemployment for one year from
the date of layoff. An employee with at least five but less than ten
years of seniority has preference for reemployment for two years from
the date of layoff. An employee with ten years or more of seniority
has preference for reemployment for three years from the date of layoff.
- An employee who is separated or whose time is reduced because of layoff
or who has received written notice of layoff or reduction in time within
the two calendar months before the layoff date will be granted preference
for reemployment or transfer to any active and vacant career position
at the Laboratory for which the employee is qualified when the position
is (1) at the same salary level or lower (as determined by the salary-range
maximum) and (2) at the same or lesser percentage of time as the position
held by the employee at the time of layoff. When written notice of layoff
or reduction in time is given more than two months prior to the layoff
date, the Head of Human Resources may authorize that preference for
reemployment begin with the date of layoff notice.
During the two calendar months preceding the layoff date or beginning
from the date of layoff notice (whichever is later), the Layoff Coordinator
will give employees on preferential rehire status Laboratory-wide consideration
for positions in the same job code and at the same or lesser percentage
of time as the job from which the employee was laid off. In addition,
during the preference eligibility period, preference will be given for
any job that meets the requirements as noted in the above paragraph
for which the employee requests to be considered within two weeks of
the posting date of the position.
An employee who has been terminated due to indefinite layoff will be
given first consideration for preference for employment to active and
vacant career positions, as described above, for which he/she has applied.
A layoff unit manager may reject an employee with preference for reemployment
or transfer only if the employee lacks qualifications required for the
position. Reasons for rejection will be provided by the layoff unit
manager in writing to the Head of the Human Resources Department for
review and approval.
An employee who is reassigned at his or her request during the pre-termination
preference for reemployment period or rehired under preference for reemployment
may, on written notification, be required to serve a trial employment
period of up to six months. An employee who is required to serve a trial
employment period may at any time during the trial employment period
return to layoff status at the employee's or the layoff unit manager's
discretion with 30 days written notice. Time spent in trial employment
will not count against the period of eligibility for recall or preferential
rehire.
- Right to preference for reemployment terminates if an employee
(a) refuses an offer to return to the layoff unit and job title/code
from which he or she was laid off at the same or greater percentage
of time,
(b) refuses two offers of reemployment for career positions at the same
or higher salary level and the same or greater percentage of time as
the position he or she held at the time of layoff,
(c) accepts any career position, or
(d) retires.
- Right to preference for reemployment continues during, but is not
extended by, periods of temporary Laboratory employment.
- Right to preference for reemployment is suspended when an employee
does not respond to written notice of an employment opportunity or if
the employee does not respond to periodic inquiries about continuing
his/her right(s) after one year. Preference for rehire may be reinstated,
however, on written request of the employee and approval of the Head
of the Human Resources Department.
- Reemployment at Another University Location. If a
person on recall and/or preferential rehire status desires to be considered
for employment at a University of California campus or another laboratory,
the Head of the Human Resources Department will provide the manager at
that location with a copy of the individual's resume and a written request
for consideration.
- Benefits on Reemployment. When a person is reemployed
within the period of right to recall and/or preference for reemployment,
the periods before and after layoff are considered as continuous service
for the limited purpose of applying University policies concerning sick
leave, vacation, holidays, probationary period, reduced fee enrollment,
seniority points for layoff, military leave, and merit salary increases.
All prior sick leave credit will be reinstated during the period of eligibility
up to a period of three years. Benefits and credits for service, including
those relating to retirement systems, do not accrue for periods on recall
and/or preferential rehire status. The employee should contact the Benefits
Office/Department immediately upon reemployment for assistance.
- Records and Reports. The Human Resources
Department Layoff Coordinator will maintain a current roster of all persons
on recall and preferential rehire status and will record all referrals,
offers of employment, rejections of persons by layoff unit managers and
refusals of employment offers by individuals on the preferential rehire
list.
Employees serving a probationary period or holding limited, rehired retiree,
or student assistant appointments may be released at any time at the discretion
of the Laboratory. The employee shall be notified of the release in writing.
An employee holding a limited, rehired retiree, or student assistant appointment
is automatically terminated as of the last day of the appointment unless there
is an earlier separation or formal extension of the appointment in writing.
D. RELEASE
OF EMPLOYEES IN TERM APPOINTMENTS
- Employees in term appointments are automatically terminated as of
the last day of their appointment unless there is a written notice of extension
of the appointment.
- Employees in term appointments may be terminated before the end of
their appointment for disciplinary reasons or substandard performance of which
the employee has been advised as provided in RPM §2.05(C) (Corrective
Action and Dismissal). The appointment may also be terminated
early for lack of funds, lack of work, or changes in operational/business needs
in which case, whenever possible, an employee should be given at least 30 days'
advance written notice that his/her appointment will be terminated.
- For information regarding release of employees in scientific term
appointments (including postdoctoral fellows), see RPM §2.07 (Professional
Research Staff).
A non-probationary career employee who becomes unable to fully perform essential
functions of his or her position with or without reasonable accommodation,
due to disability may be separated. Prior to medical separation, the Laboratory
will engage in the interactive process.
See RPM §2.01(B)(4) (Reasonable
Accommodation). An employee separated under this policy is eligible for
special reemployment procedures. See RPM §2.01(C)(3)(a) (Recruitment).
- A medical separation will be based on: (i) a written statement by the department
head describing the essential functions the employee is unable to perform,
and (ii) a written review by a vocational rehabilitation counselor, or appropriate
representative, determining that no reasonable accommodation exists without
causing undue hardship.
- A medical separation may also be based on: (i) the employee’s receipt
or approval of disability payments from a retirement system to which the
University contributes, such as UCRP or PERS, and (ii) a written review by
a vocational rehabilitation counselor, or appropriate representative, determining
that no reasonable accommodation exists without causing undue hardship.
- An employee will not be separated under this policy while on sick leave
or extended sick leave (see RPM §2.15 (Workers'
Compensation Insurance)). However, an employee may be separated for
medical or other reasons if the date of separation was set before the commencement
of sick leave or extended sick leave, and if the employee is afforded all
rights provided by the employee's retirement system.
Proof of the employee’s disability or medical condition is required
and is subject to verification by a Laboratory-appointed licensed healthcare
provider. The Laboratory shall pay the costs of any medical examinations
requested or required by the Laboratory.
4. Notices
- Notice of Intent. An employee will be given advance written
notice of the intention to separate the employee. The notice will:
- State the reason for the medical separation.
- Include copies of the department head’s statement and any other
pertinent material considered including documentation related to the
interactive process.
- State that the employee has the right to respond orally or in writing
within 8 calendar days regarding the separation.
- Notice of Separation. After the employee's response or
8 calendar days have passed, the employee shall be notified of the decision.
If it has been determined that separation is appropriate, the employee shall
be given advance written notice of the separation date and notice of the
right to appeal.
- Effective Date. The effective date of separation will
be at least 10 calendar days from the date of issuance of notice of separation
or 18 calendar days from the date of issuance of the notice of intention
to separate, whichever is later.
- Reemployment. For a period of one year following the date
of a medical separation, a former employee may be selected for a position
without the requirement that the position be publicized. See
RPM §2.01(C)(3)(a) (Recruitment).
However, if the former employee receives disability benefits from a retirement
system to which the University contributes, the period will be three years
from the date on which the benefits commenced.
- Service Credit on Reemployment. If an employee
is reappointed reemployed within the allowed period, a break in service does
not occur.
F. DISMISSAL
See RPM
2.05(C) (Corrective Action and Dismissal).
G. SECURITY TERMINATIONS
Employees who are terminated for security reasons at the request of DOE may
be given, with the approval of DOE, payment for up to 20 working days in lieu
of advance written notice of such termination.
H. TERMINATION BY DEATH
The date of an employee's death is also the effective date of termination from
Laboratory service. Payment of salary or wages and vacation credit due a deceased
employee is made to the employee's estate or the heirs-at-law, in accordance
with California state law. Determination of whether to pay the amount due to
the estate or the heir(s) is based on the nature and value of the estate and
the amount due. When the amount due is less than $3,000, direct payment to the
heir(s) is often permissible. Processing is handled by the Human Resources Department.
See RPM §2.23(B) (University Death
Benefits for Employees) for other information pertaining to an employee's
death.
I. TERMINAL PAY
Terminal pay for employees includes payment for salary and wages due for work
performed through the effective time and date of termination and payment for
vacation credit, up to the maximum possible credit for the employee's job classification
and length of service.
J. TERMINATION PROCEDURE
Termination procedures and forms may be found on the Human
Resources Forms Web page.