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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.
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