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
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.
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.
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."