At a Head Start location when the Program determines that a layoff must occur due to a lack of funding or enrollment the following procedures will apply.
When the Program Head determines there is a need for implementation of any procedures outlined in this Article, the Program will immediately notify the Union in writing. The Union must request to meet and confer with the Program on the bargaining unit impact of the layoff within thirty (30) days of notification or the requirement to meet & confer shall be waived. The notification to meet and confer with the Program must be in writing.
Order of Layoff
Layoff shall be within positions or job titles determined by the Program Head. The order of layoff by position shall be first, temporary and probationary employees with the position titles, then permanent employees. Non-reappointment of a temporary employee does not constitute a layoff.
Temporary and Probationary Employees
The Program Head shall establish the order of layoff for temporary and probationary employees in with the same job titles by considering merit and competency in relation to program needs.
The Program shall establish the order of layoff for permanent employees in reverse order of seniority in a position.
An employee who possesses specialized skills required by the program in a position undergoing layoff may be excluded by the Program Head from the layoff. An employee with demonstrably better performance than another employee with greater seniority in the position will be given retention priority over the employee with lesser performance.
All time spent in family care, military, disability, or leave with pay status shall count toward the accumulation of seniority. All other time spent in leave without pay status, as well as periods of suspension without pay, shall not count toward the accumulation of seniority, however, such time shall not constitute a break in continuous service.
Seniority shall be based on the hire date minus any time noted in Provision 22.7 that does not count towards the accumulation of seniority.
Tie-Breaking in the Order of Layoff
A tie exists when two or more permanent employees in a position undergoing layoff have the same amount of seniority.
The Program Head shall break ties in establishing the layoff order of permanent employees by considering only the following factors:
- Specialized skills and competencies of the employee; and
- Documented superior performance by the employee.
Employee Notice of Layoff
A temporary or probationary employee who is to be laid off shall receive at least two-weeks notice of such layoff in writing from the Program Head as soon as possible after the layoff decision is reached. Where the situation does not allow a two-week notice, the employee shall receive pay-in-lieu of notice.
A permanent employee shall receive notice of layoff from the Program Head no later than thirty (30) days prior to the effective date of layoff. Such notice shall be in writing. Where the situation does not allow a 30-day notice, a permanent employee shall receive pay-in-lieu of notice.
Employee Options in Lieu of Layoff
A permanent or probationary employee who has received a notice of layoff may elect to be demoted to any position where permanency has been established during the period preceding the layoff. Permanency for Head Start employees under Foundation oversight, prior to moving to the CSU, is considered to be one year of service in a position/job.
If an employee elects a demotion in-lieu of layoff, his/her salary shall be reduced to the existing maximum salary in that position.
In order to elect the options in Provisions 22.13 - 22.14 above, an employee must notify the campus Human Resources Office in writing of his/her election not later than thirty (30) days after receiving the notice of layoff .
An employee replaced by the transfer of an employee who has received a notice of layoff shall have the same rights as outlined in Provisions 22.13 - 22.14 of this Article.
Program Human Resources shall enter the names of laid-off permanent employees on a reemployment list by position in order of seniority. An employee's name shall remain on the reemployment list until he/she returns to same position held at the time of layoff and at the same time base as previously held. In no case shall a name remain on the reemployment list for more than five years.
Position vacancies for which there are names of qualified individuals on the reemployment list shall not be filled without first making an offer of reemployment to those on this list. If an individual on the reemployment list declines two such offers, reemployment rights shall be considered waived. An individual on a reemployment list may request inactive status for up to one year.
An employee reemployed under the conditions of this Article shall retain permanent status rights, service credit (subject to Public Employees' Retirement System (PERS) regulations), salary, sick leave and seniority held at the date of layoff.
An employee who has been laid off and placed on the re-employment list may be eligible to participate in the fee waiver program as described in Article 20 for the duration of the time that the employee is on the re-employment list. In order to participate in the program, the employee shall have a career development/job related plan on file in the Human Resources Office and shall meet all applicable fee waiver requirements.