University Policy 6.12
Separations, Voluntary and Involuntary (Including Layoff)

Layoff
For information on layoff, see the “Layoff” sections of this document.

Short-term Layoff
For more information on short-term layoff, see the “Short-term Layoff” section of this document.

Termination of Employment
A staff member's employment may be terminated for reasons that include but are not limited to uncorrected performance deficiencies or serious misconduct. Termination of employment is a serious action and requires consultation with the college/unit HR representative (or designee) and Staff and Labor Relations prior to taking such action. All terminations must be documented in accordance with University Policy 6.11.3, Employee Discipline (Excluding Academic and Bargaining Unit Staff).

The “Layoff” sections of this policy apply to the following:

• Nonacademic, regular, full- and part-time staff members who have been employed by the university for more than one continuous year;
• Nonacademic full- and part-time staff members on term appointments or extended term appointments who:
  1. Have completed at least one year of the appointment; and
  2. Are not allowed to complete their agreed-upon term of employment due to the layoff (for information on calculating severance pay, see the "Severance Pay" segment of this document).
     
     Note: In certain cases, when the university transitions work to another employer, employees affected by the transition who accept employment with the new employer may be ineligible for coverage under the layoff and severance pay provisions of this policy. Factors that will be assessed on a case-by-case basis by the HR representative in conjunction with appropriate college/unit leadership include continuity of employment after the transition, business circumstances underlying the transition, and comparability (e.g., salary and benefits) of the successor positions.

An increase or decrease of 25 percent or more of a staff member's regularly scheduled hours that occurs over a period of 12 months or less, or a reduction that results in a position of less than 20 hours per week, is subject to the provisions in this policy. In such cases, the staff member may:

• Continue in the regular position (20 hrs/wk or more) with changed hours and not be subject to the provisions of this policy; or
• Enter a layoff period and receive a layoff package in accordance with this policy (see the "Layoff Package" sections of this document).
  
  Note: A change in hours made at the request of a staff member is considered voluntary and is not covered by the provisions of this policy.

If the college or unit has a vacant or new position and the unit head determines the staff member identified for layoff is qualified for an available position, the unit head, at their discretion, may reassign the staff member. The staff member who is offered a reassignment will not be required to accept a position with a lower job level or salary. In such instances, the staff member has the option to request layoff status. However, absent such circumstances, the reassignment may be made in lieu of layoff at the discretion of the unit head.
If the unit head wishes to reassign the staff member, they should discuss the salary level with the college/unit HR representative. The salary must be at a level that reflects the following:

• The staff member’s experience and qualifications
• The requirements of the position
• Internal equity
• The unit’s financial capabilities

If there is more than one staff member in the affected unit in the same university job title and pay band as the position/s to be eliminated, to determine who will be laid off, the unit head must first consider the following:

• The ability of each staff member (in the same university job title and pay band within that unit) to perform the work following the reduction in staff, including past performance evaluations or documented employment history
• The ability of the principal investigator or project director, where a sponsored program is affected, to meet the obligations to the sponsor in a timely manner. The principal investigator and the department chair will jointly review the impact on the sponsored program before submitting a request for layoff to the dean or executive officer, as outlined in this policy
• Length of Service: If all other factors are equal, length of service should be strongly considered, to be evaluated based on the staff member's credited service. The college/unit HR representative can assist in determining the credited service.

Responsibility of College/Unit HR Representative
In determining who will be laid off, the college/unit HR representative has the following responsibilities:

• Prepare the written layoff plan documentation in collaboration with unit leadership and supervisor(s) (See “Documentation” section later in this policy)
• Review the final layoff proposal with the unit head for their approval
• Submit the agreed upon layoff proposal for required central review, consideration and approval

Upon receiving central approval:

• Retain the documentation on file for purposes of compliance or potential grievance resolution
• Prepare a formal written notice of layoff for review by unit head and supervisor
• Identify the case manager or outplacement arrangement, in collaboration with the staff member's supervisor
• Notify the case manager of the impending layoff
• Compile a layoff packet to provide to the employee, along with formal written notice

Materials and resources for HR representatives are available on the Layoff & Early Termination webpage on the Working at Cornell site.

Responsibility of Unit Head
The unit head has responsibility for determining which, if any, positions will be affected by layoff. Throughout the proposal review process, the unit head must consult with the affected employee's supervisor, the college/unit HR representative, and/or Staff and Labor Relations. In developing the proposal, the unit head must consider the following:

• Available funding
• Required staffing levels
• Proper distribution of workloads
• The type and number of positions to be reduced or eliminated
• The unit head should determine the specific knowledge, skills, competencies, attributes, and performance standards necessary to support the unit's current and prospective operational requirements

The college/unit HR representative must document the decision-making process that was followed in the layoff determination.

This document must contain the following:

• The reason for layoff (e.g., reorganization, position redesign, lack of work including indefinite change in hours, or lack of funds)
• The title and pay band of the staff member(s) to be affected by the layoff plan
• The name(s) and length of service of staff members within the unit, in position(s) having the same university job title(s) and pay band(s) as the position(s) to be eliminated
• The name(s) of staff members selected for layoff and the rationale for the selection
• Any plans for reassignments within the unit
• The name of the assigned case manager (if known)

A staff member must receive a notice period of at least 30 calendar days for transition to layoff status. During this period, the staff member will generally remain on the unit's active payroll and continue to work until the effective layoff date.

Note: Once a decision is made regarding layoff, it is recommended that the staff member be notified of the pending layoff as early as possible to allow the staff member to begin a job search. A notification of 60 calendar days is recommended; 30 calendar days is required. Refer to the "Sponsored Fund Severance Pay" segment of this document for additional information on notice period for positions funded by sponsored funds.

The unit head may delegate responsibility for the following steps to process the layoff action and start the formal notice period to the staff member's supervisor and/or the college/unit HR representative:

Give the staff member a formal written notice of the pending layoff, at least 30 calendar days before the effective layoff date, and a copy of the layoff packet. This written notice must include the reason for the layoff, the effective layoff date, and the name of the case manager assigned to assist the staff member throughout the layoff period.

1. Send a copy of the formal written notice to the staff member’s supervisor, the college/unit HR representative, and the case manager.
2. Support the staff member's requests for time off for upgrading job skills and job searches during the notice period.
3. Provide the staff member with a letter of reference if requested and appropriate.
4. Help the case manager identify the staff member's areas of competence, and career and job placement needs.
5. With the staff member, establish a time by which all university property will be returned and personal property removed.
6. Complete the process to effect the change in the staff member’s employment status (change in hours, reassignment, or layoff) including the appropriate reviews and approvals at the college and/or unit levels.

In unusual circumstances, after consultation with the college/unit HR representative, the unit head may decide that the staff member will not remain on the unit's active payroll during the required notice period. The unit is still responsible for paying the staff member an amount equal to their regular salary or wage through the end of what would have been the staff member's notice period. This pay in lieu of the notice period does not affect the severance pay that the staff member will receive.

Note: Units are required to honor the notice period in support of the university’s commitment to consistent and humane treatment under this policy.

Materials and resources to assist HR representatives in this process are available in the HR Partners section of the Working at Cornell site.

When notified of layoff, the staff member will receive assistance in the search for another position. These services may be provided internally or through an external outplacement agency, as determined by the college/unit HR representative. The ability of the unit to pay for outplacement services and the type of position held will be important considerations when deciding the scope of these services. The section below outlines the responsibilities of the laid-off individual, of the college/unit HR representative, and of the case manager.

The Laid-off Individual May:

• Identify internal employment opportunities by visiting the Jobs webpage on the Working at Cornell site and other resources on a regular basis and apply as directed in the job advertisement, in a timely manner, to positions for which the staff member is qualified.
• Identify external employment opportunities through local resources and apply as directed in the job advertisement, in a timely manner, to positions for which the staff member is qualified.
• Discuss positions of interest with the case manager before submitting application materials. This may assist in selecting positions that best match the staff member's skills and abilities.
• Request a letter of reference from the supervisor and/or unit head, which will identify strengths and assist in the job search. For suggestions on how to handle this request, contact the case manager or college/unit HR representative.
• Contact the HR Services and Transitions Center with any questions related to benefits.

Role of the Hiring Supervisor

In support of the university's efforts to reemploy laid-off staff, when a laid-off staff member applies for an open position, the hiring supervisor will:

• Offer an interview to all laid-off applicants who meet the qualifications for the open position.
• Determine whether to require a probationary period if the laid-off staff member is hired.

During the layoff period, a hiring supervisor may offer a laid-off individual an exempt or nonexempt position with the stipulation that a probationary period be served. The following conditions apply:

• The probationary period will be up to 90 calendar days, with a possible 30-calendar-day extension.
• The details of the probationary period (including the specific length) are stated in the offer letter as a condition of the appointment, and thereby deemed agreed to upon the individual's acceptance of the position.

Note: The provision of the Probationary Period Guidelines that states the length of the probationary period is 90 calendar days may be waived under this policy, and a shorter probationary period may be imposed, as stated in the accepted offer letter. The Probationary Review Form should be used to formally document the end of the probation.

Except in cases of misconduct, if the staff member does not pass probation, they will be returned to layoff status to complete any time that remains in the layoff period.

Role of the College/Unit HR Representative

The college/unit HR representative may help with the following:

• Identifying possible opportunities within the college/unit
• Facilitating application process within the college/unit

Role of the Case Manager

The case manager will provide support and assistance in helping to obtain information about services available, and identify career goals and job search strategies. Generally, the case manager will begin working with the staff member from receipt of layoff notice. This assistance will continue until the staff member secures regular full-time or part-time employment inside the university, the outplacement agreement ends, or six months from the date the services are engaged, whichever comes first. The case manager will be determined by the college/unit HR representative.

The case manager may help the staff member with the following:

• Understanding the application process
• Pursuing appropriate open positions within the university
• Arranging for skills and/or career assessment
• Identifying training opportunities
• Reviewing cover letter and résumé
• Improving interview skills

Note: Regardless of the expiration date of case management services, the layoff period begins on the effective date of layoff and ends one year from the effective date of layoff, or when the individual is hired into a regular position inside the university, whichever is earlier.

Recall from Layoff

If the former position (i.e., same university job title, pay band, duties, and responsibilities and requiring the same qualifications) of the staff member(s) on layoff is reinstated within the same unit during the individual's layoff period, the recall decision will be based on the same criteria used for making layoff decisions (see the “Criteria for Selecting an Individual” in the “Layoff Procedures” section of this policy). If recalled, the individual(s) will return at least at the same salary level as their former position and will be eligible to enroll in the benefit program(s) available at the time of recall.

Note: The department reserves the right to consider prior performance when determining if a laid off staff member will be recalled.

The purpose of severance pay is to provide some financial assistance to staff members to help them deal with the initial difficulties that may result from the loss of employment. It is not intended to be recognition of years of service with the university.

Therefore, staff members who accept a regular position at Cornell that will begin within two weeks of their effective date of layoff are not eligible for severance pay.

Staff members who are laid off under the provisions of the “Layoff” sections of this policy will receive severance pay at the rate of one week of pay per year of continuous service, not to exceed 24 weeks. Severance pay is calculated at the rate of the staff member’s regular base pay at the time of written notification, and is issued as a lump sum payment.

Caution: Severance pay is a unit cost.

Note: If a staff member has been laid off previously and received severance pay for prior service, and then rehired and subsequently laid off, they will not receive severance pay for the same period of service.

Note: In certain cases, when the university transitions work to another employer, employees affected by the transition who accept employment with the new employer may be ineligible for coverage under the layoff and severance pay provisions of this policy. Factors that will be assessed on a case-by-case basis by the HR representative in conjunction with appropriate college/unit leadership include continuity of employment after the transition, business circumstances underlying the transition, and comparability (e.g., salary and benefits) of the successor positions.

Term Appointments Severance Pay

Staff members on term appointments who are eligible for layoff will receive severance pay equal to their pay for the remainder of their term or based upon their years of continuous service, whichever is less.

For example, if an employee has worked 4 1/2 years of a five-year term and will be placed on layoff status, to determine their severance pay, consider the remainder of their term, which is six months (pay would be equal to six month’s salary) and their years of service, which is 4 1/2 years (pay would be equal to 4 1/2 weeks salary). In this case, the 4 1/2 weeks salary is less than the six months salary, so the severance pay amount would be 4 1/2 weeks.

Note: When granting agencies allow compensation only for work performed, staff members will be given extra notice up to 24 weeks, depending on their years of continuous service, in lieu of severance pay. If they do not find other employment at Cornell by the effective layoff date, any unearned portion of the severance pay will be paid in a lump sum as of that date, calculated at the rate of the staff member's regular base pay at the time of written notification.

Sponsored Fund Severance Pay

When a position is funded 50 percent or more by sponsored funds and is not a term appointment, notice and severance pay may be handled in one of two ways:

1. Thirty calendar days formal notice plus one week of severance pay for every year of continuous service, not to exceed 24 weeks, or
2. If the employee has
   • Thirteen or fewer years of continuous service: 90 calendar days notice period in lieu of severance pay is required;
   • More than 13 years of continuous service: 90 calendar days notice period plus additional notice or severance pay of one week per year(s) of continuous service over 13 years is required.

Maximum total notice or notice plus severance pay (including 90 calendar days) is 24 weeks.

Note: When granting agencies allow compensation only for work performed, staff members will be given extra notice up to 24 weeks, depending on their years of continuous service, in lieu of severance pay. If they do not find other employment at Cornell by the effective layoff date, any unearned portion of the severance pay will be paid in a lump sum as of that date, calculated at the rate of the staff member's regular base pay at the time of written notification.