Purdue University Executive Memoranda Master Listing
OFFICE OF THE PRESIDENT
EXECUTIVE MEMORANDUM No. C-9
and Business Manager and Assistant Treasurer's Memorandum No. 150,
dated February 28, 1973)
Re: Layoff Policy for Regular Administrative/Professional Staff and Clerical/Service Staff
This policy and related procedures provide an effective process for schools, departments, and regular staff employees to follow when reduction in workforce becomes necessary. The policy will guide organization unit heads in making business decisions and extend benefits to individuals placed in layoff status. The Department of Personnel Services will provide assistance and ensure consistency in policy interpretation and implementation.
Layoff is the reduction in the level of employment and/or cessation of work for regular staff which may be necessary when the University's needs or resources have changed--either there is a lack of work, a lack of funds, or unit reorganization. The need for a layoff is determined by the organization unit head. The organization unit head, for definition purposes in this memorandum, refers to individuals in positions at or above the level of Deans, Vice Presidents, and the Director of Intercollegiate Athletics for the West Lafayette campus, and Vice Chancellors for the regional campuses.
Regular administrative/professional staff are defined as those individuals employed in positions with the classification of management, administrative and supervisory, operations assistant professional, professional assistant, technical assistant, and cooperative extension agent, and are in fiscal or academic appointments which are at least half-time and indefinite in duration.
Regular clerical/service staff are defined as individuals employed in positions which are indefinite in duration and who work at least 1040 hours over the term of appointment (9,10,11 or 12 months).
Temporary staff, provisional staff, associate staff, affiliate staff, postretirement appointees, and all student staff are not included within these definitions of regular staff.
When it has been determined by the organization unit head that there should be a layoff of regular staff, the organization unit head will retain those staff members who best meet the requirements of the remaining positions or other University priorities. Consideration must be based upon objective, job related standards which can include differences in knowledge, skills, abilities, and documented work performance. If differences cannot be demonstrated, then layoff decisions shall be based on length of continuous service with the University. Although it shall not be the determining factor, protection of affirmative action gains should be considered when making a layoff decision.
An organization unit head has the authority to reduce staff hours and/or reassign staff to other positions for which they are qualified. Temporary non-students, provisional staff members within the unit, and regular staff members who have refused a suitable reassignment must be terminated before regular employees who accept suitable reassignment, provided the remaining employees have the knowledge, skills and ability to perform the work.
In anticipation of a layoff, organization unit heads or their designees should consult with the Department of Personnel Services for assistance and to ensure consistent interpretation and implementation of this policy.
The provisions of this memorandum cannot be used to remove a staff member when the primary reason for doing so is inadequate performance, poor attendance, or misconduct. Such issues must be addressed through a performance review or disciplinary process.
A staff member will remain in layoff status for a maximum of 120 calendar days. If the staff member does not secure employment at the University within this allotted time, he/she will be terminated.
- Staff members being placed in layoff status for a period of thirty (30) calendar days or less shall have the option of being paid accumulated and unused vacation prior to being placed on such status, provided the staff members eligible for vacation pay.
- Staff members being placed in layoff status for greater than thirty (30) calendar days must use all accumulated and unused vacation before the layoff period begins.
- Staff members in layoff status may continue existing coverage in the group medical, term life, and BeneFlex programs. The University will continue to pay its portion of the medical and life insurance premium costs during the layoff period. Long-term disability coverage will terminate the last day the staff members in pay status.
- Staff members in layoff status do not accrue vacation or sick leave with pay during the layoff period.
- Staff members on approved sick leave or family medical leave are subject to layoff, but the layoff period will begin after the approved leave benefit is exhausted.
- Staff members on other approved leaves are subject to the layoff policy. In these cases, the provisions of the layoff policy will supersede the approved leave However, provisions for military re-employment rights shall apply.
- Staff members in layoff status are not entitled to holiday, sick leave, funeral leave, jury duty, military leave, or any other leave with pay during the layoff period. Staff members placed on a thirty (30) day or less layoff period will receive holiday pay if an official University holiday falls during that period.
- Staff members who return to work during the layoff period will be given continuous service credit for purposes of recognition and increased annual vacation rate accrual.
- University contributions will not be made to TIAA/CREF or PERF during the period of layoff. Continuous service will be granted toward the TIAA/CREF waiting period if the staff member returns to University employment in an eligible classification following the layoff period. Service credit will be given for PERF for time in layoff status, subject to a limit of six (6) months in any four (4) calendar years of service. Service credit for layoff employees who are covered by the Federal Civil Service Retirement Program will be governed by the terms of that program in effect at the time.
- Staff members in layoff status are entitled to staff privileges listed below:
- Tuition remission
- Staff athletic tickets
- Staff golf fees
- Staff privileges in Lambert Fieldhouse
- Staff privileges in the Recreational Gym
- Staff convocation, theater and other ticket privileges
- Membership in Purdue University's Women's Club
- Staff parking privileges
- Regular staff identification card
- Employee Assistance Program
- Grievance procedures for staff
The employee in layoff status shall be given priority consideration for placement into positions for which he/she qualifies. Placement decisions will be made in a manner consistent with the following:
- When a staff member receives the written layoff notice, he/she shall be given preferential consideration for any position vacancy that occurs during the layoff period for which the staff member is qualified. To receive preferential consideration, the staff member must contact the Department of Personnel Services.
- Individuals who receive preferential placement consideration will be referred and considered for appropriate vacancies before any candidate who is not in layoff status. Hiring supervisors who do not wish to hire a candidate in layoff status will document the direct job-related reasons supporting their decision and review these with the Department of Personnel Services prior to proceeding with the selection process.
- A staff member terminated after the 120-day layoff period will no longer be eligible for preferential placement status but will be referred automatically to positions in which they have expressed an interest for a maximum of one (1) year after termination, provided the staff member meets the minimum qualifications.
Withdrawal of Layoff Status
Layoff status will be withdrawn and the staff member will be terminated upon the occurrence of any of the following:
- unavailability for an interview without good cause;
- refusal to accept a suitable position within the University without good cause (in determining whether or not any work offered is suitable for an individual, the Department of Personnel Services shall consider whether the salary is equivalent to 80% or more of the individual's former salary, and if the hours and other working conditions are similar);
- request to be removed from layoff status; or
- abusive behavior, violation of Purdue policies, or illegal activities.
Re-Employment After Termination
Staff members who have been terminated because of the expiration of the 120-day layoff period and who are re-employed within a period of twelve (12) consecutive calendar months from the date of termination, shall receive continuous service credit from the date of termination for vacation and sick leave accrual purposes.
Administrative procedures associated with this policy shall be developed by the Director of Personnel Services. The regional campus personnel departments will adapt the procedures as appropriate to their needs.
Steven C. Beering