UMass Medical School Workforce Redesign/Staff Reduction Policy for Non-Unit Staff (T93-079)

Doc. T93-079, Appendix 1, as amended
Passed by the Board of Trustees on August 10, 1994
Latest revision: October 7, 1998

This policy is intended to establish parameters for workforce redesign/staff reduction and applies to all exempt and non-exempt employees on the Worcester campus except faculty and those employees covered by an effective collective bargaining agreement.

The termination of non-unit employees due to a workforce redesign/staff reduction is an action undertaken with reluctance, where, in the judgment of the Chancellor, circumstances require such action to be taken in the best interest of the campus. The goal of this policy is to provide procedures and standards pursuant to which decisions regarding workforce redesign/staff reduction will be made (1) when unavailability or shortfalls in the amount of either state appropriated or trust funds necessitates such action or to respond to financial needs; (2) to respond to notice from UMass Memorial Medical Center, Inc. of any significant modifications of Schedule A as provided under the Agreement for Employee Services dated March 31, 1998 between the University and UMass Memorial Medical Center, Inc. (Contract); (3) to respond to changes in market conditions; and/or (4) to attain greater efficiency and productivity. The following standards and procedures will be adhered to in connection with workforce redesign/staff reduction of non-unit exempt and non-exempt staff at the Worcester campus.

1. The Chancellor shall determine, based on his or her analysis of the financial productivity or efficiency requirements of the campus, or Contract Schedule A modifications, whether a workforce redesign/staff reduction of non-unit employees is necessary. In making such determination, the Chancellor shall consider the level of services he or she deems essential to the preservation and fulfillment of the overall mission of the campus.
2. Whenever the Chancellor determines that a workforce redesign/staff reduction is necessary, he or she shall determine the number and identity of positions to be reduced. The selection of positions to be reduced will be functional, based on the Chancellor's determination, after consultation with the Vice Chancellors or others whom he or she deems appropriate, that such reduction will impair to the least extent feasible the level of services he or she deems essential to the preservation and fulfillment of the overall mission of the campus, except when the reduction is based on Contract Schedule A modifications.
3. The selection of employees subject to workforce redesign/staff reduction pursuant to this Policy shall be without regard to race, sex, age, religion, sexual orientation, national origin, veteran status or handicap. Human Resources and the Equal Opportunity Office, under the direction of the Chancellor, will review the positions to be reduced to ensure full compliance with applicable Medical Center Affirmative Action guidelines and Human Resources policies and procedures.
4. The Chancellor shall cause any employee whose employment will be terminated pursuant to this policy to be notified as soon as it is reasonably practicable. Said notice shall advise the employee of the date of termination, the fact that the termination is solely due to the financial needs of the campus and the fact that the employee's position was selected pursuant to this policy. The notice shall also advise the employee of his or her right to grieve this action pursuant to the Grievance Policy as described in the Medical Center's Human Resources Policy Manual. Except for Contract Schedule A employees, the notice shall also state that the termination is not related to the employee's performance and that, upon request, a letter to that effect shall be provided to the employee.
5. The Chancellor or designee shall provide a minimum notice equal to the initial vacation entitlement for the affected employee's job classification.
6. Once notice is given, the Chancellor or designee, may abbreviate the length of the previously given notice period by making a lump sum payment of the employee's weekly salary for each week that the previously given notice is shortened.
7. During the notice period, the employee may be given reasonable paid release time off to seek new employment and to attend to other matters pertinent to career transition.
8. Employees terminated pursuant to this policy shall be informed by the human resources office of the benefits available to them upon termination.
9. The Chancellor may make available a severance package based on longevity and/or outplacement assistance, consistent with available resources, to employees terminated pursuant to this policy.
10. Except for Contract Schedule A employees, employees who have been terminated pursuant to this policy shall, for the period of one (1) year from the date of termination, be regularly sent announcements of vacant positions to be filled at the campus.
11. Except for Contract Schedule A employees, the Chancellor shall arrange for a recall list of displaced employees in order of Medical Center seniority and classification. Upon request, employees who are laid off may have their names placed on a recall list for a period of one (1) year from the date of their layoff. Qualified employees whose names are on the recall list shall be given an opportunity, in accordance with the Medical Center seniority, to be reinstated to positions as they become available. Any employee who refuses such an employment opportunity shall be removed from the list.
12. In the event that UMMC begins recruitment for a position in a classification for which there is no employee on recall, employees who were terminated pursuant to the policy who apply for a position within two years of termination and who meet the minimum qualifications for the position will receive the same consideration in the recruiting process as active employees seeking transfer. Selections for hire for such positions will be made based on the most qualified applicants. A probationary period of ninety (90) days will apply for individuals hired into these positions. When the probationary period is over, an individual continuing to be employed in such a position will be deemed to have surrendered his/her future recall rights pursuant to this policy.
13. An employee who has been terminated pursuant to this policy who within three (3) years from the date of termination is re-employed at the campus in either the same or a different position shall regain the length of service credit and eligibility for benefits that the employee enjoyed as of the date of his or her termination to the extent allowable by law and consistent with University policies.

Doc. T93-079, Appendix 1, as amended | Workforce Redesign/Staff Reduction Policy for Non-Unit Staff
Passed by the Board of Trustees on August 10, 1994
Revised: 
October 7, 1998