107 Termination
107.1 Retirement
No staff member may be required to retire because of age. The University's retirement plans are described in Section 313. Employees planning retirement are encouraged to discuss their plans with representatives in the Benefits Office well in advance of their planned retirement dates.
Xref: PPP 313
107.2 Resignation
Resignation is voluntary relinquishment of employment by an employee. When an employee resigns from his or her position, the department should obtain a written resignation.
A regular employee is expected to notify his or her supervisor of plans to resign as far in advance as possible, giving notice of at least one pay period. Before leaving, the employee must return all University property including keys, I.D. cards, etc.
Xref: 317.html
107.3 Discharge
Staff employees may be discharged for just cause. Ordinarily, the discipline procedure described elsewhere in this Manual will be followed.
When notified of discharge, the employee must return all University property and must leave the University premises by the date specified. He or she should arrange to meet with a Staffing and Career Development Representative to discuss the Unemployment Compensation procedure.
Xref: PPP 317, 700
107.4 Layoff
Layoff status results from:
- the elimination of a position of 20 hours or more per week, or
- the reduction of such a position to less than 20 hours per week, or
- he conversion of a 12-month position to a part-year position (9, 10, or 11 months).
Prior to the issuance of a formal notice of layoff to a staff member, the department's decision to lay off a staff member must be approved by the Manager of Placement and Staff Relations (Central and Science) or a Senior Human Resources Representative (School of Medicine).
A layoff is normally initiated by a department because of one or more of the following reasons:
- a lack of work (for example, as a result of a reorganization, restructuring or elimination of work, or measures undertaken to
- improve the efficiency of the work unit). a lack of funds (for example, as a result of a budgetary reduction or other measures to achieve budgetary savings).
Xref: PPP 102.1
107.4a Eligibility for Layoff Status
A non-probationary regular or term employee scheduled to work 20 hours or more each week is eligible for notice of layoff and continuation of certain benefits and salary in the event of layoff. If the employee has been unsuccessful in finding an alternative position during the period of notice, the employee shall be considered on layoff status for a period of 18 months from the effective date of layoff. If, during this period, the individual successfully secures another position at the University or is recalled into the same position, no break in service will have occurred. All accrued sick leave days will be restored, and time previously worked will be bridged for the purposes of applying the policies on earned vacation, additional vacation for long-term employees, scholarship plan for sons and daughters, tuition assistance, and long-term disability.
Failure to return to work when recalled or when offered alternative employment deemed appropriate by the Department of Human Resources will result in cessation of layoff status, and further benefits under this policy will end.
New or transferring employees who, at the time of their hire or transfer, are informed that their position is one of term or fixed duration employment, will not be eligible for layoff status when the stated terminal date is reached, unless subsequent to their hire, the terminal date is shortened or hours of work are reduced to less than benefit level. However, employees in term or fixed duration appointments, who have three or more years of continuous service on the date of layoff, will be entitled to layoff status unless specifically stated otherwise in the terms of employment.
Xref: PPP 107.6, 305.5
107.4b Notice of Impending Layoff
Employees should be given written notice of an impending layoff as soon as possible but not less than 90 calendar days prior to the effective date. If the department wishes to do so, the individual may receive pay in lieu of notice, but such pay should ordinarily not be for a period longer than 30 calendar days. Exceptions must be approved by the Director of Personnel Services, the Director of Human Resources for the School of Medicine, or the Director of Library Services.
107.4c Salary Continuation or Training and Development Grant during Layoff
A laid off employee shall be eligible to receive periodic salary continuation payments equal to one week's salary for each completed year of continuous service as of the effective date of layoff as long as layoff continues. For prior breaks of service of three months or less, for any reason other than discharge for cause, completed service in a regular position will be credited in full for the purposes of salary continuation, except that this salary continuation shall not be provided an employee with less than three (3) years of continuous service at the effective date of the layoff working in a term or fixed duration position of 20 or more hours of which the staff member has been notified at the time of hire or transfer.
A laid off employee may elect to direct some or all of this salary continuation to cover certain costs associated with finding new employment; for example, the services of an outplacement agency, professional reproduction of resumes and letters of reference, and continuing education courses which make the individual's skills more marketable.
As an alternative to salary continuation, the laid off employee may elect to accept a training and development grant for academic and skills training equivalent to one week's salary per year up to a maximum of six months' salary. The academic or training program must be approved by the Manager of Placement and Staff Relations (Central/Science), a Senior Human Resources Representative (School of Medicine), or the Director of Library Personnel Services. Payment of tuition is subject to verification of enrollment and a tuition voucher.
Xref: XCT
107.4d Continuation of Benefits during Layoff
Health insurance and life insurance coverage at current contribution rates will be available to a laid off employee as follows:
The duration of the continuation of health insurance coverage is based on one month of coverage for each complete year of continuous service to a maximum of six months or the duration of salary continuation, whichever is longer. A laid off employee may thereafter continue health insurance coverage at full cost, plus 2% for administrative costs, for a period of 18 months following the previously described continuation period.
Participation in the non-contributory life insurance plan will continue through the period covered by salary continuation. Employees enrolled in the contributory life insurance plan may continue at the group rate for a period equal to one month for each full year of service to a maximum of 18 months. At the end of this period, the employee may convert to an individual policy.
Arrangements for continuation of benefits should be made through the Benefits Section of the Department of Human Resources.
107.4e Retirement Benefits during Layoff
Participation in both the Yale Staff Retirement Plan or the Yale University Retirement Annuity Plan will be continued during the period covered by salary continuation.
Vesting credit for the full period of layoff shall be available to a participating member of the Yale Staff Retirement Plan if all of the following conditions are met:
- the employee's date of layoff was within eight years of the normal retirement date, as defined in the Plan; and
- the employee returns to a position covered by the Plan within 18 months of the date of layoff; and
- the employee had not joined the Yale University Retirement Annuity Plan prior to layoff.
For up to one year, the salary and hours used to calculate pensions under the Staff Plan shall be considered on a "full-time equivalent basis" for an employee whose hours have been involuntarily reduced below 20 hours per week.
107.4f Training and Counseling
Advice and counseling regarding job opportunities and placement services shall be provided to an eligible employee through the Staffing and Career Development Section of the Department of Human Resources and Library Human Resources during the period of notice of layoff and the period thereafter during which the individual is on layoff status.
107.5 Unemployment Compensation
Yale employees are covered by the Connecticut State Unemployment Insurance Act. Determination of eligibility for Unemployment Compensation rests with the State Unemployment Compensation Board.
It is the responsibility of the Placement and Staff Relations Sections of the Department of Human Resources and Library Personnel Services to complete and issue the Unemployment Notice (pink slip), to expedite legitimate claims, and to guard against unwarranted claims.
Questions regarding eligibility for payments should be directed to the Unemployment Compensation Division of the Connecticut Department of Labor.
Xref: OPM 420
107.6 Recall Provision
If during the period of layoff the same or substantially the same position in the same work unit becomes available, the Department of Human Resources shall determine whether the laid off staff member should be recalled to the available position. In determining whether recall is appropriate, Human Resources will consider any record of performance problems, or an inability to perform the duties of that position which were adequately documented prior to the notice of layoff. If the Department of Human Resources approves a recall of a laid off staff member, the staff member will receive written notification of an offer of work. The offer of recall to a position to the laid off staff member will be open for a period of two weeks from mailing of such written notice.
