LAYOFF PROCEDURES
Notice of Layoff must include: 1) effective date of layoff, 2) statement of your bumping rights, 3) statement of your reemployment rights, 4) statement of your right to apply for unemployment benefits (Unemployment Insurance), and 5) a copy of the applicable California Education Codes.
Order of layoffs: the employee with the least seniority in the classification will be laid off first.
Bumping Rights: If you are a permanent employee, you have a right to bump or displace an employee with less seniority in the same classification. You may bump an employee in a position: at the same or different work site in the same classification, equal classification, or lower classification. If you have seniority in a classification in another bargaining unit, you have bumping rights in that classification too.
Voluntary Reduction in Hours: You may accept a vacant position with reduced work hours or you may elect to bump someone with fewer hours and who has less seniority. You will retain reemployment rights to your previous FTE.
Voluntary Demotion: You may demote to a vacant position in a lower classification in which you have no seniority. If so, you will need approval from the Personnel Commission.
Accept the Layoff: In lieu of bumping, you may decide not to bump anyone and accept the layoff. If you accept the layoff, you retain reemployment rights and you are entitled to apply for unemployment benefits.
Equal Seniority: When 2 or more employees have equal seniority, lots (straws or numbers) will be drawn to determine who will be laid off first.
Retirement In Lieu of Layoff: You may decide to retire instead of being laid off. Before selecting this option, you should verify your longevity with HR and California Public Employees Retirement System (CalPERS) to make sure both systems have the same length of service. The district must notify PERS that your retirement was due to a layoff. You have the same reemployment rights as other employees.
Seniority Chart: The seniority chart lists all positions that you have held and your longevity date. To obtain a copy, contact HR or the Union.
Benefits of Laid off Unit Members
Vacation leave will be paid out when you’re laid off.
Health/medical/dental coverage stops at the end of the month that you’re laid off. You have the right to enroll in COBRA coverage.
Vacancies are filled in the following order:
1. Reemployment List
2. Transfer
3. Promotion*
4. Open Competitive Examination or Interview
*Laid off employees who are on a promotional eligibility list will be placed in preference to new applicants.
REEMPLOYMENT RIGHTS
As a laid off unit member, you have reemployment rights according to your seniority. When positions become available, the district is required to send you a notice by certified mail (not a phone call) to your last known address. You have 10 days from the date of postmark to accept or reject the position.
Inactive Status You will be placed in inactive status after:
1. You decline 2 job offers of reemployment to your former classification or hours
2. 12 months after the effective date of the layoff or retirement in lieu of layoff
You should be offered positions that will restore you (make you whole) in your previous position/classification and FTE (work hours). The district may make exceptions to allow additional offers for good cause. Be sure to explain your reasoning to the District.
To reactivate your reemployment status, use the BCCE Reemployment Reactivation Notice
Reemployment for Retirees: The same noticing requirements apply. If you accept a position, the district must notify CalPERS and hold the vacancy for you until the paperwork is processed to reinstate you from retirement.