San Joaquin Delta College
LAYOFFS24.1 Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever it becomes necessary to invoke layoff procedures, the Board of Trustees will take action in public session in the form of a resolution or Board action, in accordance with normal Board procedures.
24.3 Seniority Computation Whenever a permanent employee is laid off, the order of layoff within a classification shall be determined by length of service within the classification. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first.
24.3.1 The employees hired prior to July 1, 1971, seniority will be computed on date of hire. Length of service (seniority) after June 30, 1971, will be computed on the basis of hour in paid status, whether during the school year, a holiday, recess, or during any period that school is in session or closed, but does not include hours compensated on an overtime basis.
24.3.2 "Hours in paid status" shall not be interpreted to mean any service performed prior to entering into a probationary or permanent status in the classified service.
24.4.1 A regular employee subject to layoff may displace the least senior employee in the same job classification.
24.4.2 A regular employee who is laid off from a classification and who has previously held a regular position in another equal or lower classification may displace an employee with the least seniority in that class. For purposes of this section, seniority shall include the total of the previous regular service in the equal or lower classification, plus service in the class in which the layoff occurs and in higher classes.
24.5 Voluntary Demotion in Lieu of Layoff All displacement (bumping) actions shall be carried out as follows: Regular employees notified of layoff for lack of work or funds may request a voluntary demotion to a vacant position in a lower classification provided that the employee is qualified to perform the duties thereof and provided further that the immediate supervisor involved and the Director of Human Resources and Affirmative Action approve the voluntary demotion.
24.6 Voluntary Reduction in hours in Lieu of Layoff Regular employees may take voluntary reduction in assigned time in lieu of layoff or to remain in their present positions rather than be reclassified or reassigned. Such employees shall be granted the same rights as persons laid off and shall be, at the option of the employee, returned to a position with increased assigned time as vacancies become available, in accordance with Ed. Code, Section 88117.
24.7 Retirement in Lieu of Layoff Regular employees who have been employed at least five (5) years under Public Employees Retirement System and are fifty (50) years of age or older may elect to accept a service retirement in lieu of layoff, voluntary demotion, or reduction in assigned time. Such employees shall, prior to the effective date of the proposed layoff, complete and submit a form to the PERS provided by the Office of Human Resources for this purpose. The employee shall then be placed on the thirty-nine (39) month reemployment list in accordance with this regulation.
24.7.1 The District agrees that when an offer of employment is made to an eligible person retired under this regulation, and the District received within five (5) working days a written acceptance of the offer, the retired persons shall be allowed sufficient time to terminate the employee's retired status with PERS.
24.8 Notice of Layoff Regular employees will, insofar as possible, be given notice of layoff not less than thirty (30) days prior to the effective date of layoff and be informed of their displacement privileges, if any, and reemployment rights. Notification of layoff shall be delivered by personal service or certified mail (return receipt requested).
24.9.1 Regular employees laid off due to lack of work or lack of funds are eligible for reemployment for a period of thirty-nine (39) months and shall be reemployed in preference to new applicants. Employees laid off will be notified when employment or job openings exist within the District. Such notice shall be sent by certified mail to the last address given the District by the employee.
24.9.2 Laid off persons shall be reemployed in the reverse order of layoff in the highest rated job classification available in accordance with the class seniority.
24.9.3 A permanent employee who is laid off and is subsequently reemployed within thirty-nine (39) months shall have all rights and privileges restored. However, the employee shall not receive seniority credits for District work performed while on the reemployment list.
24.9.4 A probationary employee shall continue to serve out the remainder of the probationary period and shall also have all rights and privileges restored. No seniority credit shall be earned during the period of separation from the District.
24.9.5 Employee Notification to District of Acceptance of Reemployment A regular employee shall notify the District of the employee's intent to accept or refuse reemployment within ten (10) working days following the mailing of the reemployment notice. If the employee accepts reemployment, the employee must report to work within thirty (30) calendar days following the mailing of the reemployment notice.
An employee given notice of reemployment need not accept the reemployment to maintain the employee's eligibility on the reemployment list, provided the employee notified the Office of Human Resources, in writing, five (5) working days from receipt of the reemployment notice. The laid-off employee may decline three offers of reemployment and retain a position on the list. If an employee on a reemployment list refuses the third offer of reemployment, no additional offers will be made and the employee shall be considered unavailable for work until otherwise indicated. The offer will then be made to the next person on the list.
24.9.6 In the event of any governing board or administrative decision to (a) abolish classified positions for lack of work or lack of funds, and/or (b) lay off classified positions for lack of work or lack of funds, the District shall agree to meet and negotiate the effects of said decision with regard to matters within the scope of representation, as defined by Government Code, Section 3543.2.
24.9.7 Reemployment as a Short-term or Substitute Employee An employee who has been laid off for lack of work or lack of funds, and who is on a layoff reemployment list, shall be given first priority for reemployment as a substitute or limited term employee in the employee's original class or any other class for which the employee is qualified. Such employment shall in no manner jeopardize or otherwise affect the employee's status or eligibility for reemployment. Persons on a reemployment list employed as a substitute or in limited term position do not accrue seniority.