Contingency Planning and Layoff Procedure - 63.14.01
College Policy Number/Title:
In fulfilling its educational mission, Howard Community College (HCC) attempts to make optimal use of its human resources. Optimum utilization may call for a reduction in or a reallocation of staff at various times and for various reasons, e.g., shifting enrollment patterns, changing program directions, or restricted funding. This procedure provides a fair and equitable means of planning for situations brought on by program change or redirection and financial pressures that would necessitate adjustment of operational procedures.
When operational changes are necessary, it is the responsibility of the president to recommend action.
Any recommendations concerning the adjustment of operational procedures such as a reduction or discontinuance of an academic program or department, reallocation of resources due to changing educational priorities, lack of funds, or requirements of legislative or other mandates are made by the president to the board of trustees for approval. These recommendations are made based on the college’s educational mission, maintaining program integrity, financial viability, and the responsiveness of the college to the needs of the college community. Where feasible, recommendations are made only after input from the college’s governance and planning channels.
Preliminary Measures
On a regular basis, the president and the president's team review data elements relevant to the financial status and program direction of the college. These normal operational reviews are designed to develop recommendations to prevent or minimize the occurrence of a critical financial condition. Each administrative unit must conduct normal operational reviews. These reviews lead to recommendations to area vice presidents concerning expansion, retrenchment, modification, deletion, or phase-out of programs or services. Each vice president reviews unit recommendations and develops a contingency plan to address conditions necessitating operational adjustment procedures. Plans that involve personnel actions must be submitted to the office of human resources for preliminary review prior to being submitted to the president. After the president evaluates the plan, and in conjunction with information provided by various other segments of the college, the president determines the financial condition and the program direction of the college. The president then reports the findings to the board of trustees and to the college community.
Adjustment Implementation Procedure
When operational adjustments are necessary, all appropriate alternatives to involuntary reduction in the workforce are considered before such action is taken.
When alternatives have been considered and are deemed insufficient or inappropriate to address the operational problem, it may become necessary for the president to recommend that the workforce undergo an involuntary reduction. In such a case and when feasible, the priority is the termination of the following employees, not necessarily in this order:
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- non-budgeted employees, including but not limited to hourly/temporary employees, adjunct faculty, and temporary with benefits employees;
- budgeted part-time employees; and/or
- budgeted full-time employees who are serving in their initial probationary period after being hired by the college.
The employees referenced above serve in an "at-will" capacity, and the reduction of these employees is considered a termination rather than a layoff; these employees are not given access to the layoff rights and benefits provided to budgeted employees, as set forth below.
Despite these actions, situations may exist where the president must recommend that full-time budgeted employees, either on contract or serving in a probationary status as a result of changing positions, involuntarily separate from employment with the college. When this occurs, these employees are considered laid off rather than terminated. In such circumstances, the procedure by which full-time employees are reduced in number will be considered in a fair and equitable manner. Factors considered include but are not limited to the degree of necessity of the position’s function within the college, the employee's skills, abilities, knowledge, and versatility, the employee's length of service with the college, employee’s quality and quantity of work, employee’s experience level and the employee's performance appraisal ratings, among other things.
Employee Rights and Benefits In Connection With a Layoff
The following notification rights and benefits apply only to the involuntary layoff of a full-time, budgeted employee either serving on contract or in a probationary status.
Notification
When an employee is laid off, the employee is given notice of at least 30 calendar days in advance of the layoff date. The employee is notified of this involuntary separation of employment by the employee's supervisor in a personal interview, if feasible. The employee also receives written notification of the layoff, either during the notification meeting or after, via regular mail from the office of human resources to the employee's address of record.
Benefits
An employee who was laid off (and the employee's covered dependents) may elect to continue health benefits under the separation of employment through the federal COBRA program. Details of COBRA coverage may be found in procedure 63.07.04 - Extension of Group Health Benefits.
Outplacement
If funds are available, the college will provide outplacement services for any employee who was laid off.
Recall Procedures
An employee who was laid off from the college is given preference in hiring for up to two years following the layoff. The former employee is responsible to keep current contact information on file with the office of human resources so the employee may be contacted about openings; such contact may take place through email or regular mail, whichever is most expedient.
If the identical position formerly held by the laid off employee becomes available again during the two-year period, the former employee is given priority to fill the position. The former employee is notified of this option via email or letter and is given seven calendar days to accept the position. If the former employee accepts the reappointment to the position, the employee is given the same salary earned at the time of separation. However, the employee's salary is subject to the same reduction in pay as other employees who were not laid off. If the former employee declines or does not respond within the seven-day period, the position may be treated as any other vacancy, with the caveat that other laid off employees may have priority for the position.
A laid off employee also has priority hiring rights for a maximum of two years for any other full-time, budgeted position:
- that is at or below the grade level of the former position held;
- for which the individual meets the minimum qualifications; and
- that is approved for recruitment by the president's team.
A laid off employee does not have priority hiring rights for any temporary positions, any part-time positions, any positions at a higher grade level than the former position held, or any position for which an internal-only recruitment was conducted.
When a situation arises where priority hiring is justified, each eligible former employee is contacted and given seven calendar days to express interest in the position. If interest is expressed, the former employee will be appointed to the position. If multiple laid off employees express interest in the same position, the one with the longest tenure at HCC will be given priority.
If a laid off employee accepts a full-time, budgeted position with the college during the two-year priority period, all priority hiring rights for that individual will end immediately, regardless of the grade level of the position accepted. The individual's priority hiring rights do not end if the individual declines or fails to express interest in a position offered to the laid off employee by the college, if the individual accepts a temporary or part-time position with the college, or if the individual accepts employment outside the college.
A laid off employee who accepts a full-time, budgeted position at the same grade level as the former position within the two-year priority hiring period will be appointed at the same salary earned at the time of separation. However, the employee's salary is subject to the same reduction in pay as other employees who were not laid off. If the laid off employee accepts a position at a lower grade level than the former grade level held, then the former salary is reduced by five percent for each grade level below the former grade level. The employee's new salary may not exceed the midpoint of the new grade level.
Effective Date: 07/13/22
President's Office Use: PRES/VPAF/CHRO