(A)
Policy statement
and purpose
The university seeks to provide stable
employment; however, conditions may arise when a reduction in workforce may
occur. This policy is meant to assure that a reduction in workforce is
administered without prejudice, equitable to employees, and minimizes
disruption to employees and the university business operations.
(B)
Policy
scope
This policy applies to classified staff
employees of Bowling Green state university.
(C)
Policy
definitions
For purposes of this policy, each of
the following functional areas of the Bowling Green campus is a "work unit":
academic and student affairs; advancement; athletics; enrollment services;
finance and administration; and other areas that report to the president. The
Firelands campus is a single "work unit."
(D)
Reasons for a
reduction in workforce
In most instances, a reduction in
workforce will occur by general layoff or layoff due to abolishment of
positions. A general layoff by classification may occur due to lack of work or
lack of funds. A layoff due to the permanent abolishment of one or more
specific positions may occur due to reorganization for efficient operations,
reasons of economy, lack of work, or more than one of these
reasons.
The reduction of an appointment from
1.0 FTE (or forty hours per week) to 0.80 FTE (or thirty-two hours per week) or
greater must be approved by the chief human resources officer and is not
considered a layoff or abolishment.
Unsatisfactory performance is not a
reason for a reduction in workforce. Performance problems should be addressed
through performance management and corrective action.
(E)
Policy
(1)
Request and
approval process
If a senior administrator in charge of
a work unit determines that a reduction in workforce is necessary, they shall
complete and submit a statement of rationale to the chief human resources
officer at least forty-five days before the proposed date for implementing the
reduction. The statement must explicitly describe the reasons for the proposed
action.
The chief human resources officer will
review the statement and may discuss it with the senior administrator and/or
request additional information. No reduction in workforce may be implemented
without the prior written approval of the chief human resources
officer.
(2)
Layoff notice
The chief human resources officer shall
notify each employee to be laid off, in writing, at least fourteen calendar
days (if hand delivered) or at least seventeen calendar days (if by certified
mail) before the effective date of the layoff.
This notice requirement applies to
general layoffs by classification, layoffs due to abolishment of position, and
layoffs due to displacement.
(3)
Displacement
Classified employees (excluding those
holding temporary or intermittent positions) may have displacement rights,
commonly known as "bumping," under specific circumstances.
Displacement generally means that a
qualified classified employee whose position is abolished may fill a vacancy
within their same classification or displace the employee with the fewest
retention points in the same classification and work unit of the position being
abolished.
Because displacement is extremely
disruptive, employees whose positions are abolished are strongly encouraged to
begin an internal job search as soon as they receive official notification of
the abolishment.
Within thirty days of the date of the
official notification of abolishment, the affected employee will either be
assigned to a vacancy, exercise displacement rights, or be laid off in
accordance with this policy.
(a)
If a vacancy for which the employee is eligible exists
within the same classification on the same campus, then placement will occur
within thirtydays of the date of the official notification of the abolishment.
To be eligible, the employee must be able to perform the required duties of the
job into which they would be placed. If they cannot perform the required
functions, as determined by the office of human resources, they will not have
displacement rights and will be laid off.
(b)
If no vacancy
exists within the classification, then displacement to a position within the
same classification and work unit, if available, will occur no later than
thirty days from the date of the official notification of the abolishment. The
affected employee must be able to perform the required duties of the job into
which they would be placed. If they cannot perform the required functions of
the position, as determined by the office of human resources, they will not
have displacement rights and will be laid off.
(c)
If no vacancy or
position exists within the same classification and work unit for which the
employee has displacement rights, the employee will be laid
off.
(d)
An employee who is placed into a vacancy will be
required to serve a one hundred twenty-day probationary period. Should the
employee fail to successfully complete the probationary period, they will be
provided with a fourteen calendar day notice and then laid off. Any employee
failing a probationary period will not be placed on the recall
list.
(e)
Displaced employees shall be paid according to the end
of probation rate assigned to the job into which they will
move.
(f)
A full-time employee may displace a part-time employee
if such a position exists within the same classification and work unit and
there is no fulltime position available. A part-time employee may not displace
a fulltime employee.
(g)
Separation of employment will occur within two weeks of
the date of official notification, if an employee who is able to perform the
required duties of the job declines placement into a vacancy; or declines to
displace into a position of the same classification and status. Both
displacement and reinstatement rights will cease immediately.
(F)
Retention points
(1)
Calculation
The calculation of retention points is
based on continuous service. Each newly hired full-time and part-time
classified employee will receive one hundred points as the base retention
points.
Thereafter, each full-time classified
employee will earn one retention point for each bi-weekly pay period of
continuous service. A full-time classified employee may be full-time permanent,
full-time seasonal, full- time interim, or full-time temporary employee. For
those classified employees who are fulltime seasonal, interim, or temporary, a
retention point will be given only for those pay periods in which the employee
was scheduled to work. An employee in a full-time position at any time during a
pay period will be considered fulltime for the entire pay period.
Retention points for continuous service
other than full-time service will be calculated based on one-half of a point
for each bi-weekly pay period of continuous service.
(2)
Application
Retention points generally determines
the order of layoff by classification; the identification of employees subject
to displacement, and the order of reinstatement.
In the event two or more employees have
identical retention points as calculated by this rule, the tie shall be broken
by utilizing the following methods, in the following order. First, the employee
having the most recent date of continuous service from which no break in
service has occurred shall be laid off or displaced first. Second, the
appointing authority will determine the employee to be laid off or displaced
first.
(G)
Reinstatement
Employees who are laid off have
reinstatement rights for a period of one calendar year from the date the
employee was first laid off or displaced from their classification. Recall
lists will be maintained by the office of human resources specific to campus,
classification, employment status (part-time or full-time), and retention
points. When a vacancy arises, it will be offered to individuals on the recall
list in the order of those with the most retention points to the least
retention points. Full-time employees who displace into a part time position
will be placed on the appropriate recall list.
Reinstatement is contingent upon the
employee being able to perform the required functions of the
position.
(H)
Exceptions to displacement and reinstatement
rights
If an employee chooses to take
severance, displacement and reinstatement rights cease. If an employee declines
placement into a vacancy or declines to displace into a position to which they
are entitled, displacement and reinstatement rights cease.
An employee who did not receive a
satisfactory or higher performance rating on the most recent performance review
or who has received a suspension within the past twelve months will not have
displacement or reinstatement rights
(I)
Effect on benefit
programs
(1)
Vacation time
Employees who have completed at least
two thousand eighty-one hours of service to the university are eligible to
receive payment for accrued and unused vacation time, up to the maximum number
of hours at the time of layoff/ termination, or they may transfer the funds
into a 403(b) or Ohio deferred compensation account.
(2)
Sick leave
There is no payment for sick leave at
the time of layoff or termination. Sick leave balances are kept for ten years
and may be transferred to any state of Ohio institution within that
timeframe.
(3)
Personal leave
Personal leave time is not paid out. If
the employee is not recalled within the calendar year in which the layoff
occurred, the balance is eliminated.
(4)
Insurance
Insurance benefits will be continued
until the end of month in which the layoff or termination date occurs. COBRA
benefits will be made available after the layoff termination date.
(5)
Retirement contributions
Contributions to retirement plans are
discontinued at the time of layoff/ termination. Employees are advised to
consult their retirement plans for specific information.
(6)
Unemployment compensation
Employees who are laid off or
terminated as a result of a reduction in workforce may be eligible for
unemployment compensation. Guidelines are governed and administered by the Ohio
department of job and family services.
(J)
Appeal
An employee may appeal a layoff or
displacement that is a result of a layoff to the state personnel board of
review within ten calendar days after receipt of the layoff notice or within
ten calendar days after the date the employee is displaced.
Equity impact statement: the policy has
been assessed for adverse differential impact on members of one or more
protected groups.
