I. Purpose and Applicability
To establish implementation procedures for BOR Policy VII-l.3l Policy on Layoff and Recall of Regular Exempt Employees, which establishes the period of notice and recall status for regular exempt employees being laid off due to any of the reasons described in this policy.
II. Layoff and Notice
A. A layoff may occur when the Vice President determines that a. position or position(s) are to be abolished or discontinued as a result of a reduction or termination of funding, a program change, change in departmental organization, or stoppage or lack of work.
B. The Vice President shall submit a written request and justification to the President or designee prior to informing the affected employee(s) of the layoff.
C. Once the President has approved the layoff request, the Vice President shall provide at least ninety (90) calendar days advance written notice of layoff to the affected employees.
D. For layoffs that are due to a reduction or termination of funds, the notice of layoff period may be shorter than stated in item II.C., if the notice received by the University from the funding source is less than the required ninety (90) calendar days notice. In such cases, the affected employee(s) shall be notified by the Director of Human Resources 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 and/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 the layoff; the specific position from which the layoff occurred is reestablished.
B. A person who is appointed to a position at the University within 3 years of being laid off shall be considered in a reinstatement status based on the provisions of the BOR Vll- 9.61 Policy on Reinstatement.
C. The layoff of an exempt employee shall not affect any faculty tenure rights that the employee holds in an academic department at the University.
D. The President may terminate any tenured appointment because of the discontinuance of the department, program, school, or lack of funds (see Appointment, Rank, and Tenure Policy BOR II -1.00 item III. C. 2.)
E. The President shall give a full-time appointee holding a tenure notice of termination at least one (1) year before the date of which the appointment is to be terminated.
USM BOR Policy VII-1.30, Policy on Layoff for Unclassified and Classified Personnel.
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."
Effective Date: 07/12/2000