183.0 VII-1.30- POLICY ON LAYOFF FOR UNCLASSIFIED AND CLASSIFIED PERSONNEL
 
 
  (Approved by the Board of Regents, April 25, 1991)
 
 
        I.  General:
 
            A.  Purpose:  Pursuant to authority granted to the
                Board of Regents of the University of Maryland
                System in the Education Article, Sections 12-110
                and 111, and in Article 64A, Section 35, of the
                Annotated Code of Maryland, the following policy
                and procedures are established for the layoff of
                unclassified and classified employees who are in
                positions that are to be abolished, discontinued,
                or vacated because of a lack of supporting funds,
                program change, change in departmental
                organization, or stoppage or lack of work.
 
            B.  Definitions.  For purposes of this policy,
                unclassified employees are defined as (1) all
                unclassified professional employees appointed under
                the policies and procedures of the former Board of
                Trustees of State Universities and Colleges; (2)
                all associate staff employees appointed under the
                Personnel Policies and Rules for Associate Staff of
                the University of Maryland; and (3) all academic
                administrators appointed under the policies and
                procedures of the former Board of Regents of the
                University of Maryland.  Classified employees are
                defined as those appointed under and subject to
                either the Personnel Policies and Rules for
                Classified Employees of the former University of
                Maryland or COMAR 06.01.01.44 and 44-1 for
                employees of the Board of Trustees of State
                Universities and Colleges.
 
                A "Department" is a unit identified in the
                "University of Maryland System Department List for
                Lay-Off and Reinstatement."  This List, developed
                with the Presidents' designation of departments at
                their respective institutions, is approved by the
                Chancellor and may be revised from time to time.
 
      II.   Unclassified Personnel:
 
            A.  Period of Notice -- Only after consultation with
                the institution Director of Personnel/Human
                Resources, the Department Head or Chairperson shall
                notify those employees who are to be laid off at
                least 30 calendar days before the effective date of
                the layoff.  The Department Head or Chairperson
                shall provide the Director with a list of the
                employees notified.  In cases in which grant funds
                are reduced or terminated with less than 30 days
                notice, the Department Head shall notify the
                affected employee(s) within five working days
                following the department's receipt of the notice
                and shall specify the period which shall coincide
                with the date of fund termination or reduction.
 
            B.  Displacement -- No unclassified employee who has
                been notified of layoff shall have the right to
                displace another employee in any employment
                category within University service.
 
            C.  Effect of Layoff for Employees in an Administrative
                Capacity on Faculty Tenure.  The layoff of an
                unclassified employee from an unclassified
                administrative position shall not affect any tenure
                rights which that employee may hold in an academic
                department of the institution.
 
            D.  Restoration in the Same Department -- Within one
                year of the effective date of being laid off, an
                associate staff employee hired prior to the
                effective date of this policy shall have the right
                to be restored to the position from which the
                employee was laid off, or to another position
                requiring the same duties and qualifications, in
                the department from which the employee was laid off
                provided that a position becomes available.
                Associate staff employees hired after the effective
                date of this policy, unclassified professional, and
                academic administrators shall have no restoration
                rights.
 
     III.   Classified Personnel:
 
            A.  This policy applies to all regular full time and
                part time classified employees and to regular full
                time and part time classified employees who are on
                approved leaves of absence without pay.
 
            B.  As used in this policy, "job series" means a group
                of two or more classes in the same occupational
                area which requires the application of the same
                knowledge, skills, and abilities at varying levels
                of proficiency or responsibility.
 
            C.  The Department Head or Chairperson shall notify the
                Chief Executive Officer or designee in writing of
                the number of positions to be abolished,
                discontinued, or vacated, together with the reasons
                for them, and the list of names of employees to be
                laid off.  The Chief Executive Officer or Designee
                shall review the written notice and certify that
                the order of layoff is appropriate.  The Department
                Head or Chairperson shall notify employees who are
                to be laid off at least 90 calendar days before the
                effective date of the layoff.  Notices of layoff
                shall be in writing and shall be acknowledged in
                writing by the employee.
 
            D.  Sequence of Layoff
 
                (1)   The Department Head or Chairperson shall lay
                      off employees who are serving an original
                      probationary period, and who are in the
                      classification in which the layoff is to
                      occur, in accordance with Section F of this
                      policy.
 
                (2)   The Department Head or Chairperson next shall
                      lay off regular employees who have completed
                      an original probationary period, and who are
                      in the classification in which the layoff is
                      to occur, in order of seniority, with the
                      employee having the lowest number of
                      seniority points being laid off first.
 
            E.  The Chancellor or designee shall maintain and make
                available a listing of classifications by job
                series.
 
            F.  Seniority Points
 
                (1)   Formula for Establishing Seniority Points
 
                      (a)  One point shall be given for each
                           complete month of credited service for
                           the following:
 
                           (i)       University System (and/or
                                     predecessor organizations) and
                                     State service İincluding
                                     service as medical system
                                     University personnel as
                                     defined in the Education
                                     Article, Section 13-1B-01(r)¨
 
                           (ii)      Service with the department
                                     where the layoff is to occur;
                                     and
 
                           (iii)     Service in the job
                                     classification and its job
                                     series where the layoff is to
                                     occur.
 
                      (b)  For creditable service of less than a
                           complete month, the employee shall be
                           credited with .032 points for each day
                           of creditable service.
 
                      (c)  For part-time employees, creditable
                           service shall be determined by the
                           funded percentage of the position.
 
                (2)   The combined totals of all points shall
                      determine the order of layoff.  If two or
                      more employees in the same classification
                      have the same number of seniority points,
                      they shall take their standing in the order
                      of layoff based upon the following criteria:
 
                      (a)  The Department Head or Chairperson first
                           shall compute each employee's total
                           length of employment in combined State
                           and University System service.
 
                      (b)  The employee who has the shortest
                           service shall be laid off first.
 
                      (c)  If two or more employees have the same
                           standing after the application of
                           Section F(2)(a), the institution Chief
                           Executive Officer will determine the
                           employee(s) to be retained based upon a
                           detailed written evaluation of the
                           specific skills, knowledge, or abilities
                           of each employee prepared by the
                           Department Head or Chairperson.
 
                (3)   The Chief Executive Officer or designee will
                      notify the Chancellor of those employees who
                      have been laid off.
 
 
            G.  Displacement.  An election to exercise displacement
                rights must be made by giving written notice to the
                institution Director of Personnel/Human Resources
                within 15 days of the notice to the employee of the
                layoff.
 
                (1)   An employee in a position which is to be
                      abolished, discontinued, or vacated shall be
                      allowed to displace another employee with the
                      least seniority in the same job
                      classification, or, if not available either,
 
                      (i)  Progressively to each lower level
                           classification in the same job series;
                           or
 
                      (ii) In any other job classification in which
                           the employee held satisfactory regular
                           status.
 
                (2)   The displacement as applied in (1) above,
                      shall be limited to the department in which
                      the employee is currently employed.
 
                (3)   An employee who elects not to displace
                      another employee in accordance with Sections
                      G and H of this policy shall be laid off.
 
            H.  Certification
 
                (1)   Home Institution.  Employees who are
                      designated to be laid off will receive
                      notification of reinstatement procedures and
                      will be certified to the institution eligible
                      list for the classification from which the
                      layoff occurred and to any classification in
                      the series or comparable occupational area as
                      that from which the employee was laid off.
                      The employee will be entitled to priority for
                      appointment to vacancies in the
                      classification in which the employee was laid
                      off, any lower level classification in that
                      job series, or any classification for which
                      the employee has completed an original
                      probationary period.
 
                (2)   Other UMS Institutions.  Employees who have
                      been notified that they are to be laid off
                      must notify their institution Director of
                      Personnel/Human Resources of their interest
                      in being considered for positions at other
                      UMS institutions.  The Director shall provide
                      the necessary information to the other UMS
                      institutions in which the employee has
                      expressed an interest.  The other UMS
                      institutions shall place such employees on
                      the eligible list for classifications for
                      which they are qualified, based on seniority
                      points.
 
            I.  An employee who is displaced under the provisions
                of sections G and H of this policy is subject to
                the general provisions of this policy.
 
            J.  Nothing in this policy shall be interpreted to
                prevent the layoff of an employee who files with
                the Department Head or Chairperson a written
                request to be laid off.
 
            K.  Nothing in this policy shall allow a classified
                employee the right to displace an unclassified
                employee, or the right to reinstatement to an
                unclassified position.
 
  IMPLEMENTATION PROCEDURES:
 
            Each Chief Executive Officer shall develop procedures
            as necessary and submit a copy to the Chancellor.
 
 
  Replacement for:    Section XIII, Lay-Off, Personnel Policies and
                      Rules for Classified Employees, former
                      University of Maryland, and Employment
                      Standards for Associate Staff, Section G.4.,
                      Probation, Reassignment, Requirements of
                      Notice and Lay-off; Personnel Policies and
                      Rules for Associate Staff, former University
                      of Maryland COMAR 06.01.01.44 and 44-1,
                      former Board of Trustees classified
                      employees.