SEIU Member FAQs: Layoff Rights
Provided to you by our Sublocal 084 Leadership Team. Additional information and the Collective Bargaining Agreement (CBA) can be found on the HR Shared Governance webpage.
What is a layoff?
A layoff is a separation from service for involuntary reasons (excluding resignation), a change in full-time equivalent (FTE) that results in a loss of benefit eligibility, or a change in employment category (i.e., regular full-time to regular part-time).
Article 44, Section 1, Page 70
How much notice must I receive before a layoff?
You are entitled to a minimum of 30 calendar days of advance written notice. If circumstances are beyond the employer’s control, the notice may be reduced to 15 days.
Article 44: Section 1, Page 70
Are temporary employees laid off first?
Yes. Temporary and temporary agency workers in the affected classification and administrative unit in which the layoff occurs must be terminated before any regular or trial service employees.
Article 44, Section 3(B), Page 71
Do trial service employees have layoff rights?
No. Employees in their initial trial service period do not receive layoff rights or placement on the recall list.
Article 44, Section 3(A), Page 74
What options do I have if I am notified of a layoff?
When notified of layoff, and where eligible, you will have 5 business days to decide whether to exercise your layoff rights or move directly to layoff with placement on the recall list
Exercising layoff rights goes in the following order:
- Vacant Positions
-
- A vacant position in your same classification
- A vacant position in the same salary range (different classification)
- A vacant position in a different salary range, but not more than 5 salary ranges below your current salary range
- Bumping Process
- Displace an employee with the lowest seniority in your same classification
- Displace an employee with the lowest seniority in the same salary range (different classification)
- Displace the employee with the lowest seniority in a different salary range (If demoted, you are placed on the layoff recall list)
- Layoff
-
- Placed on layoff recall list in your same classification and employment category
- Placement is 1 year from the date of layoff
- Placement is 2 years from the date of layoff if demoted in lieu of layoff and still employed by the university
- Placed on layoff recall list in your same classification and employment category
Article 44, Section 3(E)(1)(2)(3), Pages 72-73
Do I need to be qualified for a placement or bumping position?
Should you choose to exercise your layoff rights, you need to act immediately so that the search for a new opportunity can begin. Make sure to include all of your relevant employment experience, skills, and education. Be as complete and as specific as possible. Your resume should be up to date within five work days, as failure to do so may limit your opportunities. Human Resources will then have what is needed to evaluate your qualifications for placement into another position.
Yes. You must meet the minimum qualifications and be able to perform the essential duties of the position within about two weeks. If you meet the minimum qualifications but are not capable of performing the specific requirements of the job, then you may displace or demote to the next lowest seniority position in the classification.
Article 44, Section 3(F), Page 73
What happens if I refuse a placement offer?
If you refuse a position offered during the layoff process, you are deemed laid off and placed on the university layoff recall list.
Article 44, Section 3(E)(1–3), Pages 73-75
Can I waive the placement process and go straight to layoff?
Yes. You may voluntarily waive placement and bumping rights in writing and proceed directly to layoff.
Article 44, Section 3(A) & 3(E), Pages 71-74
Will I be paid for unused vacation if I’m laid off?
Yes. Staff who have completed their trial service period will be paid out unused vacation leave upon separation of up to 250 hours. Additionally, you will be paid out any unused earned compensatory time off (CTO) upon separation of up to 120 hours.
In accordance with OAR 839-007 and ORS 653.601-653.661, sick leave is considered a wage replacement and not earned wages. Therefore, unused sick leave is not paid out at the time of separation
If you demote in lieu of layoff, you may request to be paid for all accrued compensatory time at the rate being earned prior to demoting in lieu of layoff.
Article 43, Sections 2 – 4, Page 67; Article 44, Section 8, Page 74
Will I lose my seniority if I’m laid off?
No. Your seniority is frozen as of the date you receive a layoff notice and is preserved for future calculations.
Article 44, Section 5, Page 74
Can the union and university consider alternatives to layoffs?
Alternatives such as voluntary hour reductions, temporary furloughs, or paid leave options can sometimes be mutually agreed upon, but they require collaboration between HR and the union to be effective.
Article 44, Section 11, Page 76
Will I lose my health insurance if I’m laid off?
If your hours drop below the benefits threshold due to layoff, you may lose eligibility for employer-paid benefits. (You may qualify for COBRA coverage.)
Article 24, Page 43-45
Can I file a grievance if I believe the layoff was improper?
Yes. You can file a grievance if you believe the layoff process violated the contract. Contractual timelines for filing apply.
Article 18, Pages 20-27
Can I apply for other jobs within the university during the layoff process?
Yes. If you are interested in other vacancies that are not afforded to you under the vacant position process, you may apply in accordance with the job bidding and hiring process.
Article 29, Pages 48-51
How is seniority calculated, and does leave affect it?
Seniority is based on total length of service in SEIU-represented positions. Some unpaid leaves may pause accrual; paid leaves generally do not.
Typically, we receive one (1) credit point for each full month of unbroken service (excludes temporary appointments).
Article 27, Pages 47
Will I lose tuition or dependent fee remission?
Yes. Tuition benefits typically end with employment, though you may retain access through the end of the term in some cases.
Article 28, Page 53
Can I access my personnel file before or after a layoff?
Yes. You have the right to inspect or request a copy of your personnel file.
Article 16, Page 17