Reduction in Workforce
Staff Reduction in Workforce Policy
Purpose
The University of Dayton values the contributions of its employees and attempts to provide regular ongoing employment as appropriate. However, in the event of a reduction in force due to decreased workload, discontinued functions, a change in business operations, economic conditions, or other circumstances outside of the employee’s control, it is the intent of University to provide an equitable and supportive process to those employees directly impacted. The determination of when any of these events has occurred rests solely with the administration of the University.
Scope
This policy applies to all non-contractual exempt and all non-exempt benefit-eligible staff employees. This policy does not apply to UDRI employees, students, faculty, or bargaining unit employees.
Policy History
I. Effective Date: December 10, 2013
II. Approval: November 6, 2024
III. History:
- Approved in original form: December 10, 2013
- Approved as amended: January 2014
- Approved as amended: June 10, 2022
- Approved as amended: November 6, 2024
IV. Maintenance of Policy: Vice President for Human Resources
Definitions
For purposes of this policy, “bumping” is the right of an employee to displace an employee with less seniority in the same position.
Policy
In the event of a reduction in force, the University will consider such factors as seniority, job necessity, skills and ability, job performance, disciplinary history, and/or other factors it deems appropriate when determining how a reduction in the workforce is accomplished. The University retains the right to make the final decisions based on reasonable business and economic needs. This determination rests solely with the administration of the University.
Affected employees will be given consideration for any available positions at the University for which they meet the minimum qualifications and whose performance in their current positions is acceptable. However, the primary responsibility for locating a new position either within or outside the University shall reside with the affected employee. The Offices of Human Resources and Career Services will be available to advise and assist affected employees seeking other positions within or outside the University regarding job search techniques, resources and procedures. The University will not provide bumping or recall rights to employees who have been separated from the University as a result of a reduction in the workforce.
Notice Period
In the event of a reduction in force, the University will provide the affected employee(s) with a four-week paid notice period, unless exigent circumstances necessitate otherwise. Depending on the reasonable business needs of the University, the affected employee(s) may or may not be required to work all or a portion of this notice period. This paid notice period may be extended by the University as deemed necessary to fulfill contractual obligations, or meet other business requirements. In situations in which affected employees are not required to work a portion of, or the full notice period, a lump-sum payment for the period not worked will be issued on the next regularly scheduled pay date. Benefits in effect as of the notification date will continue during the paid period and will end in accordance with current policy for all employees separating from benefit eligible service.
In the unlikely event of a large-scale reduction in force, the notice requirements will be adjusted to comply with applicable federal law.
Benefits
Health and Dental Insurance Benefits
Employees affected by a reduction in force who were hired before January 1, 2014 and who have attained the required age and years of service as outlined in the retirement eligibility section of the benefits handbook may elect to retire and continue coverage under the University’s health care and dental insurance plan.
Employees affected by a reduction in force who do not meet the eligibility requirements to elect retirement with retiree health care benefits may have the opportunity to continue health and dental insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Eligible employees will receive additional information from the Office of Human Resources.
Vacation Pay
Payment of accrued but unused vacation hours will be in accordance with the relevant Benefits and Leaves of Absence Handbook for staff.
Employee Assistance Program Usage
Individuals affected by a reduction in force will continue to be eligible to utilize the Employee Assistance Program services for up to two months following their date of separation.
Other Benefits
Please refer to the policy on benefit ending dates due to separation from benefit-eligible service within the appropriate employee benefits handbook for an explanation of all other benefits.
Separation Date and Reason
The employee’s separation date will be the last day actually worked at the University. Holiday, vacation, sick, or other time off may not be used to extend the termination date past the last day worked. The reason for separation, which will be noted in the personnel file, will be a reduction in force.
Employment References
The Office of Human Resources will respond to all inquiries for employment references.
Dispute Resolution
Employees whose positions have been eliminated as a result of a reduction in force may utilize the University Dispute Resolution Policy.
Reference Documents
Appendix
Procedure:
1. The University administrator whose department is affected will provide the provost or appropriate vice president and the vice president of human resources with a business justification, including the list of positions that are being recommended for a reduction in force.
2. This business justification will be reviewed by the provost or appropriate vice president and the vice president of human resources to verify the existence of a reasonable business or economic need for the reduction in force.
3. After review and evaluation, a final list of those employees who will be affected by the reduction in force will be prepared by the University administrator and presented to the provost or appropriate vice president and the Vice President of Human Resources and the President for final approval.
4. The Office of Human Resources will prepare documentation for each affected employee outlining his/her employment and benefit status. This information will be reviewed with the employee during a formal notification meeting, which will be conducted by a representative of the Office of Human Resources and/or the appropriate University manager/administrator.
5. All exceptions to this policy must be approved by the Vice President of Human Resources.