University of Minnesota
Office of Human Resources
http://www.umn.edu/ohr
612-625-2016

Rule 12 Seniority, Layoff, and Resignation

This rule refers only to employees moving from a civil service job to a civil service job unless otherwise indicated.

12.1 Seniority Unit

12.1.1 Seniority unit (see “Definitions”) is determined at the college or appropriate senior administrative level, with the approval of the appropriate human resources office. Employees must be informed of the seniority unit in which they have rights at the time they become eligible to earn seniority, usually after they have passed probation. (See Rule 12.2 for other examples of eligibility to earn seniority.)

12.1.2 Prior to an individual employee's change in assigned seniority unit, the employee must be notified of:

  1. the current seniority unit in which the employee has rights;
  2. the seniority unit the employee will have rights in during a transition period;
  3. the seniority unit the employee will have rights in after the organizational change in the unit is complete; and
  4. the dates these changes become effective.

12.2 Unit and Classification Seniority

12.2.1 Unit seniority shall mean cumulative length of service (total paid straight-time work hours) in all classifications held within a seniority unit by an employee; an employee accumulates and retains unit seniority in each of the seniority units in which the employee has worked. Unit seniority shall be acquired only after the completion of the probationary period, but shall begin at the date of entry into the class in the seniority unit.

12.2.2 Classification seniority shall be acquired only after the completion of the probationary period in each classification, but shall begin at the date of entry into each classification.

12.2.3 Temporary employees do not accumulate classification seniority until they have completed more than one calendar year of service of 50 percent time or more within the same classification, within the same administrative unit. Classification seniority shall be retroactive to the date of entry into the classification in the administrative unit. Employees moving from continuing to temporary positions forfeit all rights and benefits given to a continuing position and will be governed by the rules for temporary employees.

12.2.4 Classification seniority shall mean length of service (total paid straight-time hours) in a particular classification; an employee accumulates and retains classification seniority in each of the classifications in which the employee has worked.

12.2.5 Temporary employees who have become continuing employees in accordance with Rule 6, Section 6, shall be granted unit seniority. Unit seniority shall begin on the first day after the two-consecutive-calendar-year anniversary and is not retroactive to the date of entry into the classification in the administrative unit. When an employee holds a particular classification within an administrative unit and has passed probation, and a vacancy exists on another shift in that classification and administrative unit that employee, if qualified, shall be granted a change between work shifts in order of classification seniority if the employee has applied for such change in writing.

12.2.6 When overtime is required, the employee who usually performs the work shall be given first opportunity to work the overtime (including holidays). If the employee chooses not to accept overtime, other employees who are able to perform the work and wish to work overtime shall be permitted to work such overtime in classification seniority order with the most senior employee in that classification being given first consideration. If all employees decline to work such overtime, the person with the least amount of classification seniority shall be required to work the overtime (See Rule 10.2.)

12.2.7 Unit and Classification seniority credits accrued up to the time of transfer from a unit shall be reinstated upon an employee's re-employment in that original unit (regardless of administrative or collegiate unit), provided the employee has not terminated employment with the University during the interim or had that appointment reduced below 50 percent time for a period of four consecutive calendar months.

12.2.8 Unit and Classification seniority credits of a former employee who is re-employed shall begin on the date of re-employment unless seniority is reinstated under Section 4 of this rule. When the former employee is re-employed to a temporary position, classification and unit seniority credits cannot be reinstated.

12.3 Layoff, Bumping, and Job Transfer

12.3.1 Layoffs

12.3.1.1 A responsible administrator may lay off an employee because of abolition of position; shortage of work or funds; reorganization of the administrative, collegiate, departmental unit; or other reasons beyond the employee's control that do not reflect discredit on the employee's services.

12.3.1.2 When two or more persons have equal unit seniority in the unit in which the layoff is to be made, the order of layoff shall be determined by the classification seniority of the individuals involved. If the unit and classification seniorities of the affected persons are equal, the responsible administrator shall decide the order of layoff.

12.3.1.3 At least twenty-eight (28) days before the effective date of an employee’s layoff from a continuing position, the responsible administrator shall give written notice to the employee, with a copy to the appropriate human resources office. This written notice shall include an explanation of the employee’s bumping rights and, in case bumping rights are not exercised, regulations concerning unemployment benefits.

12.3.1.4 Instead of layoff an employee may choose transfer or demotion into a position for which the employee is qualified within the unit where the layoff occurs if a vacancy exists.

12.3.2 Bumping Rights

12.3.2.1 In accordance with the above, employees whose jobs have been eliminated, or whose appointment(s) are involuntarily reduced to below 75 percent, or employees on 50 to 74 percent appointments whose appointments are involuntarily reduced to below 50 percent, shall be allowed to the following, in the order listed:

  1. 1) bump the least senior (based on unit seniority) or probationary employee who is performing essentially the same duties within the same unit and classification.

12.3.2.2 If this is not possible, an employee may:

  1. bump into the position identified by the following criteria:

    • The position is in the same classification and unit;
    • The duties are not essentially the same;
    • The bumping employee is qualified for the position;
    • The employee to be bumped is less senior (based on unit seniority) than the bumping employee.

If more than one position meets the above criteria, the employee to be bumped shall be the least senior (based on unit seniority) or probationary employee in that set of positions.

12.3.2.3 If this is not possible, an employee may:

  1. bump into the position identified by the following criteria:

    • the position is in a previously held classification in which the bumping employee passed probation in the same unit;
    • the position is in the same unit;
    • the bumping employee is qualified for the position;
    • the employee to be bumped is less senior (based on unit seniority) than the bumping employee.

12.3.2.4 If the bumping employee is eligible to bump to more than one previously held classification, this bumping option shall be applied to those classifications in the inverse order in which they were held. If more than one position in a particular classification meets the above criteria, the employee to be bumped shall be the least senior (based on unit seniority) or probationary employee.

12.3.2.5 If none of the above options are possible in the order listed, the employee may:

  1. exercise the right to any posted vacancy within the system as identified by the following criteria, and shall be hired in classification seniority order:

    1. the position is in a previously held classification in which the employee passed probation;
    2. the employee is qualified for the position.

12.3.2.6 Rate-arranged employees follow the same criteria for bumping as other employees; however, they are only eligible to bump into the same classification in the same established salary range.

12.3.3 Layoff List

12.3.3.1 Employees who have successfully completed probation and who cannot or do not exercise their bumping rights and are laid off shall be placed on a University layoff list provided the employee submits a written request to be placed on the layoff list. These employees shall be rehired (if qualified to perform the work), in classification seniority order ahead of all other applicants (except for recalled employees), for vacancies within a previously held classification for which they apply.

12.3.3.2 An employee who is being terminated during the probationary period may choose not to exercise the option to bump another employee from a previously held continuing (non-temporary) position. The employee being terminated may then be placed on the layoff list, in accordance with Rule 7.5.

12.3.3.3 An employee on the layoff list must be recalled when a vacancy occurs in the unit and classification from which the layoff occurred, provided the employee is qualified to perform the work.

12.3.3.4 After receipt of recall notice, the employee shall have seven workdays during which to indicate intent to return and at least 22 additional workdays to report to work. Failure to accept recall shall constitute a resignation that includes removal from the layoff list.

12.3.3.5 Employees on the layoff list may apply for any vacancy, but are not entitled to hiring preference as laid-off employees except where the vacancy occurs in a previously held classification.

12.3.3.6 Rate-arranged employees follow the same protocol for access to the lay-off list as other employees but may only exercise layoff list rights in the same classification in the same established salary range.

12.3.4 Job Transfer List

12.3.4.1 An employee who has passed probation and is determined by the University to be eligible for job transfer under state or federal disability laws shall be placed on the job transfer list. http://www1.umn.edu/ohr/toolkit/hiring/csbu/.

12.3.4.2 An employee who has passed probation but whose on-the-job injury now prevents the employee’s performance of the essential functions of the position shall be placed on the job transfer list.

12.3.4.3 An employee who has been notified of failure to pass probation or dismissal and who is subsequently injured on the job or asserts a disability for the first time shall not be eligible for placement on the job transfer list.

12.3.4.4 An employee on the job transfer list shall be hired for vacant positions for which the employee is qualified to perform the essential functions at the same or lower pay range as the employee’s last position, ahead of all other applicants except eligible employees on the layoff list.

12.3.5 Re-employment

12.3.5.1 Classification and unit seniorities of an employee who is re-employed from a layoff list shall begin on the date of re-employment, except when re-employment is in a temporary position. If re-employment occurs in the previous administrative unit of employment, the classification and unit seniorities at the time of termination shall be restored, except when re-employment is in a temporary position.

12.3.5.2 When an employee is re-employed from the layoff or job transfer lists, unused sick leave and time accumulated toward eligibility for vacation allowance shall be restored, effective on the date of re-employment.

12.3.5.3 An employee's name shall remain on the layoff or job transfer lists for a period not to exceed two years or until the employee has returned to work at the University within that time. An employee has the right to refuse re-employment to the first position of equivalent classification, same campus or experiment station location, and reasonably close salary offered, but must accept the second position or be removed from the layoff list. An employee on the job transfer list has the right to refuse re-employment to the first position at the same or lower pay range as the employee’s last position and reasonably close salary offered, but the employee must accept the second position or be removed from the job transfer list.

12.3.5.4 An employee who has exhausted rights on the layoff list shall be considered as having resigned in good standing.

12.3.6 Layoffs and broadbanded classifications

12.3.6.1 For civil service positions which are broadbanded, both the classification and the level within the classification will be considered for purposes of bumping rights and placement on the layoff list. When a layoff occurs, the administrative unit will have the responsibility to identify the current level of work of the affected employee.

12.3.6.2 The employee can bump the least senior employee performing essentially the same work and at their same level (if qualified); can bump the least senior employee performing different work at their same level (if qualified); and can bump the least senior employee at a lower level (if qualified) even if the employee never was classified at the lower level. The employee cannot bump to a higher level, even if qualified.

12.3.6.3 The employee will be placed on the layoff list for the class and the level from which they were laid off, all lower levels within the same broadbanded classification, and all other classifications for which they have passed probation. The employee will be referred and has hiring rights for those classifications and levels for which they meet the required qualifications on the posted job requisition.

12.4 Resignation and Reinstatement

12.4.1 An employee may resign by presenting a resignation in writing to the responsible administrator. To resign in good standing, an employee must give the responsible administrator or immediate supervisor at least 10 work days prior notice. An employee may request withdrawal of the resignation if at least 10 workdays notice was given and the employee requests withdrawal of the resignation in writing before the actual termination date. The decision to accept the request for withdrawal is at the discretion of the responsible administrator.

12.4.2 As long as the University has a record on file, a former employee who was employed on a prearranged and assigned schedule of at least 50 percent time and who is re-employed in a position of at least 50 percent time shall have any or all of these items reinstated: unused sick leave, classification and unit seniority credit (if applicable under Rule 12.2, and except when re-employed to a temporary position), vacation leave accumulation rate and eligibility, and waiver of probationary period within a formerly held classification (if applicable under Rule 7.2). Reinstatement is not possible for former employees who have negotiated a settlement agreement with the University.