VII-1.32 -POLICY ON LAYOFF AND RECALL OF REGULAR EXEMPT EMPLOYEES Approved by the Board of Regents on December 3, 1999, EFFECTIVE January 2 and January 12, 2000) I. PURPOSE AND APPLICABILITY This policy establishes the period of notice and recall status for regular Exempt employees who are being laid off due to any of the reasons described in this policy. II. LAYOFF AND NOTICE A. A layoff may occur when the Department Head or Chairperson determines that a position or position(s) are to be abolished or discontinued due to reduction or termination of funds, program change, change in departmental organization, or stoppage or lack of work. B. The Department Head or Chairperson shall submit a written request and justification for the layoff to the institution Chief Executive Officer (CEO) or designee prior to informing the affected employee(s) of the layoff. C. After appropriate authorization for the layoff by the institution CEO or designee, the appropriate administrator shall provide at least 90 calendar days advance written notice of layoff to the affected employee(s). D. For layoffs that are due to reduction or termination of funds, the period of notice of layoff may be shorter than that stated in item II. C. above if the notice by the funding source of reduction or termination of funds provided to the USM institution is less than the required 90 calendar days notice. In such cases, the affected employee(s) shall be notified by the appropriate administrator as soon as possible, but no later than five (5) work days following the institution's notice of fund reduction or termination. E. Notice of layoff shall be delivered to the employee(s) in person or by certified mail to the employee's last known address. III. RECALL STATUS A. An employee who is laid off from an exempt position shall be recalled for reappointment following a layoff if, within one (1) calendar year from the effective date of layoff, the specific position from which the layoff occurred is reestablished. B. A person who is appointed to any position in the USM within 3 years of being laid off shall be considered in a reinstatement status as provided for in the USM BOR Policy on Reinstatement, Policy VII - 9.61. C. The layoff of an employee in an exempt position shall not affect any faculty tenure rights which that employee may hold in an academic department of the employing institution. IMPLEMENTATION PROCEDURES: Each Chief Executive Officer or designee shall develop procedures as necessary to implement this policy and shall forward a copy of such procedures to the Chancellor. REPLACEMENT FOR: USM BOR Policy VII-1.30, Policy on Layoff for Unclassified and Classified Personnel, April 25, 1991, only as it applies to employees in former unclassified, associate staff, and classified-exempt positions. Additionally, this policy supersedes, in whole or in part; any policy(ies) and/or procedure(s) established by the Regents, Trustees, Presidents, or their designees, of the former institutions of the University of Maryland, and of the former State Universities and Colleges, and of the Regents of the University System of Maryland that are in conflict with this policy's purpose, applicability, or intent, that may have been overlooked and not included as a specific citation under "Replacement For."