“Resignation”

Policy Supersedes Effective
#901 4/1/98
5/1/2002
5/1/2015

When a professional employee resigns from employment with ASUCLA, s/he is asked to complete ASUCLA’s “Notice of Separation” form, which is obtained through Human Resources. This form is also located in the Excel Shared Drive: S Drive>HR>Forms>Separation.

  • The form serves as the employee’s written notice of resignation.
  • The form provides ASUCLA with the employee’s requested last day of work.
  • The back of the form is used during the employee’s Exit Interview.

On receiving an employee’s verbal notice of resignation, supervisors should:

  • Immediately contact Human Resources to request the “Notice of Separation” form or locate it on the Excel Shared Drive: S Drive>HR>Forms>Separation.
  • Forward the completed form to Human Resources no later than on the next business day.

The Resignation Notice Period

Employees are encouraged to provide their supervisors with as much advance notice of their resignation as possible. At minimum, 2 weeks’ advance notice is desirable.

A determination may be made that it is in the best interests of ASUCLA to separate the employee prior to the requested last day of work. In most cases, the employee would receive regular pay for the requested resignation notice period, up to a maximum of 2 weeks’ pay.

Employees are expected to maintain satisfactory performance and conduct after giving notice of their resignation, and must continue to adhere to ASUCLA policies and procedures. Failure to do so will result in immediate separation.

Exit Interviews

On receiving the completed “Notice of Separation” form, ASUCLA’s Human Resources Division contacts resigning employees to schedule an Exit Interview.

The first part of the Exit Interview provides resigning employees with an opportunity to express their likes, dislikes and suggestions about their employment experience with ASUCLA, and to ask questions about the separation process. Feedback is reviewed by ASUCLA’s Human Resources management, and is often shared with appropriate operating division management.

The second part of the Exit Interview provides benefits counseling to the separating employee.

“Dismissal”

Policy Supersedes Effective
#906 4/1/98
1/1/2001
5/1/2002
7/1/2013

ASUCLA regular status professional employees are involuntarily dismissed from employment when their performance or conduct does not meet business needs and/or standards.

Limited appointment and probationary employees may be released at any time at the discretion of the Association.

Prior Written Performance Warning

In general, regular status professional employees will receive at least 1 written performance warning prior to being involuntarily dismissed due to unsatisfactory performance.

Under the following circumstances, prior written performance warning is not required:

  • Dismissal of regular status professional employees due to misconduct.
  • Release of limited appointment and probationary employees.
  • Dismissal or release of employees due to performance or conduct that constitutes grounds for immediate dismissal (see “Immediate Dismissal”, below).

Written Notice of Intent to Dismiss

Regular status professional employees receive advance written notice of ASUCLA’s intent to dismiss.

The written notice will describe the reason(s) for the intended dismissal, and will include a statement that the employee may respond in writing within 8 calendar days from the date the written notice is issued.

Employees will remain on active pay status during the 8 day notice of intent to dismiss period; however, in cases where it is determined that dismissal is warranted due to misconduct, the notice of intent to dismiss period will be without pay.

Limited appointment and probationary employees do not receive advance written notice of release from employment.

Written Confirmation of Dismissal

Employees who are dismissed from ASUCLA employment receive written confirmation of the dismissal. The written dismissal letter addresses:

  • The reason(s) for the dismissal.
  • The effective date of the dismissal.
  • Ineligibility for rehire.
  • Employment verifications.
  • Final pay check(s) and benefits.
  • Unemployment Insurance Benefits.
  • ASUCLA’s Professional Employment Policy #801, “Complaint Resolution”.

Immediate Dismissal

The following lists some examples of grounds which may result in immediate dismissal without prior corrective action (this list is not intended to be all inclusive):

  • Theft/dishonesty, including misappropriation of Association time, property, money, systems, merchandise or product, and engaging in any illicit activity.
  • Negligence, including any unsatisfactory performance that results in the misappropriation or loss of Association time, property, money, systems, merchandise or product.
  • Violations/misuse of employee discount and meal allowance programs.
  • Unauthorized destruction of Association property.
  • Use of verbal or physical violence or force; threats of any nature.
  • Unlawful discrimination or harassment.
  • Falsification of Association records or documents.
  • Insubordination; inappropriate conduct.
  • Failure to comply with established policies and procedures.
  • Unlawful manufacture, distribution, dispensing, possession, use, purchase or sale of alcohol or of controlled substances in the work place or while engaged in ASUCLA business; use or abuse of substances, legal or illegal, in a manner that impairs performance.
  • Failing to notify your supervisor/manager when absent (unnotified absence and job abandonment).
  • Sleeping on the job.
  • Misrepresenting facts to your supervisors/managers.
  • Providing false testimony in the course of an investigation.
  • Bringing forth false or malicious complaints about others in the work place; failing to comply with an investigation into work place complaints.

Ineligibility for Rehire

Employees dismissed for unsatisfactory performance or misconduct reasons will be ineligible for rehire at ASUCLA.

Regular status professional employees may utilize ASUCLA Professional Employment Policy #801, “Complaint Resolution” to request reconsideration of ineligibility for rehire.

“Layoff or Reduction in Time”

Policy Supersedes Effective
#911 4/1/98
1/1/2001
5/1/2002
8/1/2003
8/1/2005
7/1/2008
7/1/2010
7/1/2012
7/1/2013

Business conditions that can result in the indefinite elimination or reduction in time of ASUCLA positions include such things as lack of funds, lack of work, and reorganization.

It is soley ASUCLA’s responsibility to determine the need for layoffs, the classifications of employees to be laid off and the layoff unit.

Staffing levels will be reduced in accordance with this policy if, in the judgment of ASUCLA, budgetary or operational considerations make it necessary to curtail operations, reorganize, reduce the hours of the workforce and/or reduce the workforce.

When business conditions necessitate the indefinite elimination or reduction in time of ASUCLA positions, efforts will be made wherever possible to minimize the impact on ASUCLA employees by considering alternatives to indefinite layoff and reduction in time such as reassignment and transfer to comparable positions in their department.

To minimize the effects of layoff, ASUCLA shall provide regular status employees covered by this policy who are laid off, the option of:

  • The right to be recalled to the department from which the employee was laid off and preference for reemployment in all departments of ASUCLA, or
  • Severance pay in lieu of the right to recall and preference for reemployment.

Scope

This policy covers indefinite layoff and reduction in time, temporary layoff and reduction in time, transfer to a limited appointment resulting from the elimination of a professional position, and involuntary reassignment to a partial-year professional position resulting from the elimination of a full-year professional position.

ASUCLA employs both represented and non-represented employees. Represented employees will abide by their Union Contract when variances occur between “Associated Students UCLA: Professional Employment Policies”.

Determination of Indefinite Layoff or Reduction in Time

Specific positions are identified for indefinite elimination or reduction in time based on business conditions and operating needs.

Employees holding affected positions will be indefinitely laid off or have their time indefinitely reduced when reassignment or transfer to a comparable position (at the same classification or salary level) within their department is not feasible. Employees are not eligible for reassignment or transfer to comparable or other positions for which they are not qualified.

When there is more than one of the same position in a department and not all have been eliminated or reduced in time, the following will be considered in determining which employee(s) will be indefinitely laid off or reduced in time:

  • Performance documentation that is included in the Employment File.
  • Job skills, knowledge and competencies.
  • Thereafter, inverse order of length of service will be the determining factor.

Employees with priority for retention may waive their seniority in order to be designated for layoff subject to management approval.

Seniority shall be calculated by full-time equivalent months (or hours) of service. Employment prior to a break in service shall not be counted. In those cases where employees have the same number of full-time equivalent months (or hours), the employee with the most recent date of appointment shall be laid off first.

Determination of indefinite layoffs and reductions in time require the advance approval of Division Directors and the Director of Business and Legal Affairs.

Notice of Layoff or Reduction in Time

Temporary Layoff or Temporary Reduction in Time

An employee shall be given written notice of the effective date and the ending date of a temporary layoff or reduction in time. A temporary layoff or temporary reduction in time shall not exceed four calendar months.

Employees may be temporarily laid off or reduced in time irrespective of seniority or classification, and are ineligible for the right to recall or preference for reemployment. Accrued sick leave shall not be used during temporary layoff.

If an indefinite layoff or indefinite reduction in time should occur during a temporary layoff or reduction in time, the procedures for indefinite layoff or indefinite reduction in time shall apply.

Indefinite Layoff or Indefinite Reduction in Time

When feasible, employees will receive at least thirty (30) calendar days’ advance notice of indefinite layoff or reduction in time, in writing. Employees will also receive information about how their benefits may be impacted, unemployment insurance, and reemployment policies. The Human Resources Division is responsible for preparing notice and information documents for department managers, and will assist department managers in presenting the documents to affected employees.

During the thirty (30) day notice period, employees affected by indefinite layoff or reduction in time will remain on active pay status at their current regular pay rates at time of notice.

Severance Pay

A regular status employee who has been laid off indefinitely or whose time has been reduced indefinitely will have the option of severance pay in lieu of preference for reemployment and the right to recall.

When an employee elects severance pay in lieu of preference for reemployment and the right to recall, the following guidelines apply:

Payment Schedule

An employee who elects severance pay in lieu of preference for reemployment and right to recall shall be paid a lump sum amount of one week (5 workdays) of salary for each full year of service up to a maximum of 16 weeks of base pay.

An employee whose time has been reduced indefinitely and who elects severance pay in lieu of preference for reemployment and the right to recall shall receive severance pay for the percent of time reduced in accordance with the payment schedule above.

Severance pay is received at the end of the notice period.

Repayment

Employees who have secured reemployment with ASUCLA during the notice period will not receive severance pay.

An employee who has received severance pay under this policy and who returns to work in a professional position at the same or higher salary and same percentage of time or greater as the position held at the time of layoff shall repay ASUCLA the portion of severance pay received that exceeds the time the employee was laid off.

Reemployment from Indefinite Layoff

A regular status employee who has been laid off indefinitely or whose time has been reduced indefinitely will have the option of preference for reemployment and the right to recall in lieu of severance pay.

When an employee elects preference for reemployment and the right to recall in lieu of severance pay, the following guidelines apply:

Right to Recall:

Employees may be recalled by ASUCLA to any position for which they are qualified:

  • In the same department.
  • At the same classification.
  • At the same or greater percentage of time as the position held at the time of indefinite layoff or reduction in time.

When more than one employee meets these criteria, the following will be considered in determining which employee(s) will be recalled:

  • Performance documentation that is included in the Employment File.
  • Job skills, knowledge and competencies.
  • Thereafter, length of service will be considered.

Preferential Consideration for Reemployment or Transfer:

Employees may receive preferential consideration for any position with ASUCLA:

  • For which they are qualified.
  • For which they have applied using ASUCLA’s application process.
  • Which is at the same or lower classification.

The following will be considered when more than one employee with preferential consideration has applied to the same position in determining whether or not reemployment or transfer will be granted:

  • Performance documentation that is included in the Employment File.
  • Job skills, knowledge and competencies.
  • Thereafter, length of service will be considered.

Preferential consideration for reemployment or transfer is in effect following employees’ receiving notice of indefinite layoff or reduction in time as follows:

Recall and Preferential Rehire Status Eligibility

Years Seniority at Time of Layoff Years Seniority at Time of Layoff
less than 5 1 year
5 but less than 10 2 years
10 or more 3 years

Impact of Temporary ASUCLA Employment on Recall and Preference:

Recall and preferential consideration continue during, but are not extended by, temporary periods of employment at ASUCLA.

Termination of Recall and Preferential Consideration:

Recall and preferential consideration will terminate under the following conditions:

  • When an employee fails to respond to a written notice of recall opportunity.
  • When an employee declines a recall opportunity.
  • When an employee refuses a preferential job offer.
  • When an employee refuses two offers of employment to an ASUCLA regular status position at the same or higher rate of pay, and at the same or greater percentage of time, as the position held at the time of indefinite layoff or reduction in time.
  • When an employee resigns.
  • When an employee retires.
  • When an employee accepts any ASUCLA regular status position and passes the trial employment period, if required.

Trial Reemployment:

Employees re-employed during the period of preferential consideration may serve a six (6) month trial reemployment period, unless notified to the contrary in writing. Time on leave with or without pay is not qualifying service for completion of the trial employment period.

At any time during the trial reemployment period, an employee may be returned to layoff status. This may be at either the employee’s or management’s discretion. Upon return to layoff status, eligibility for recall and preferential consideration is restored for the period remaining prior to the beginning of the trial reemployment period.

Service Upon Reemployment

Reemployment within the period of right to recall and preference for reemployment or from temporary layoff provides continuity of service. If reemployment occurs within the period of right to recall and preference or during the temporary layoff period there is no break in service for that time period.

Impact on Benefits

Group Insurance Plans:

PLAN COVERAGES/CONTRIBUTIONS END
Medical
Dental
Vision
Legal
ASUCLA Paid Life
Employee Paid Life
Dependent Life
“AD&D”
Coverages end the last day of the month of the employee’s last day of notice period*
ASUCLA Paid Disability
Employee Paid Disability
Coverages end last day of notice period
Dep Care *
HCRA*
“TIP”
Coverages end last day of notice period

* Eligible expenses incurred through the end of the notice period in which the last contribution was made may be submitted for reimbursement.

Retirement & Savings Plans:

UCRS regulations determine the effect of indefinite layoff status on retirement benefits.

Employees should contact ASUCLA’s HR Division Area Manager about:

  • Inactive membership.
  • Refund of accumulations.
  • Rollovers of accumulations.
  • Retirement income.
  • Lump Sum cashouts.

Vacation & Sick Leave:

Vacation and sick time continue to accrue during the notice period, but not following the effective date of the indefinite layoff. For employees whose time has been indefinitely reduced, vacation and sick time accruals are reduced proportionally following the effective date of the time reduction.

Employees will receive payout of unused vacation accruals, if any, on the last day of the notice period.

Unused sick leave accruals are not paid out.

Persons who are laid off and subsequently reemployed during the period of recall and preferential rehire status will have all accrued sick leave reinstated.

COBRA Continuation Option:

Through the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), employees may elect to continue their ASUCLA-sponsored group coverages by paying the full costs of the premiums.

Legal insurance is not eligible for COBRA continuation.

Employees will be advised in writing of their COBRA options on the layoff notice date.

Employees have 60 days from the date of layoff, or from the date COBRA rights are sent, to apply for COBRA continuation.

Employees will also be notified of their rights through AB 1401 which requires all insured health plans including HMO’s in California to offer certain individuals who have exhausted their Federal COBRA coverage and who have had less than 36 months of coverage, the opportunity to continue coverage under Cal-COBRA for up to a total of 36 months from the date of the beginning of their Federal COBRA coverage period.

To exercise the coverage continuation rights afforded under AB 1401, an election to purchase the extended coverage must be made in writing by the former employee to the carrier no later than thirty (30) calendar days prior to the end of the applicable eighteen (18) or twenty-nine (29) month Federal COBRA continuation period.

The cost of the continuation coverage under Cal-COBRA cannot exceed 110% or 150% for those under a disability extension of the applicable premium.

This law does not change the existing California Continuation Coverage that give UC active employees with at least five (5) years of employment with UC and who are laid off at age sixty (60) or older the right to elect continuation coverage for up to five (5) years from the time of lay off.

“Medical Separation”

Policy Supersedes Effective
#916 4/1/98
1/1/2001
5/15/2003
7/1/2007
7/1/2013

An employee may be medically separated when unable to perform essential, assigned job functions due to a disability or medical condition. Prior to medical separation, ASUCLA will engage in the interactive process.

The determination to medically separate an employee may be based on:

  • A written statement describing essential job functions that the employee is unable to perform.
  • A written review by a vocational rehabilitation counselor, or appropriate representative, determining that no reasonable accommodation exists without causing undue hardship.

The determination to medically separate an employee may also be based on:

  • The employee’s receipt of disability payments from a retirement system to which ASUCLA contributes.

For disabilities and medical conditions that are not work-incurred, an evaluation of whether or not to medically separate will occur when an employee has been on medical leave for 6 months.

Employees will not be separated under this policy while on sick leave or extended sick leave. However, employees may be separated for medical or other reasons if the separation date was set prior to the commencement of sick or extended sick leave, and if they are afforded all rights provided by their retirement system.

Medical Documentation

Proof of the employee’s disability or medical condition is required and is subject to verification by an ASUCLA-appointed healthcare provider. ASUCLA shall pay the costs of any medical examinations requested or required for the medical separation.

Written Notice of Intent to Medically Separate

Employees receive advance written notice of ASUCLA’s intent to medically separate, which specifies:

  • The essential job functions that the employee is unable to perform and any other pertinent documentation related to the interactive process.
  • The employee may respond in writing to the written notice within 8 calendar days from the date it is issued.

Written Confirmation of Medical Separation

Employees receive written confirmation of the medical separation and notice of right to appeal after responding to the written notice of intent to medically separate, or 8 days after the written notice of intent to medically separate was issued.

The written confirmation of medical separation addresses:

  • The reason(s) for the medical separation.
  • The effective date of medical separation will be 18 calendar days after the written notice of intent to medically separate was issued.
  • Employment verifications, final pay check(s), and benefits.
  • ASUCLA’s policies on “Medical Separation” and “Complaint Resolution”.

Special Reemployment

An employee may be selected for a position without the requirement that the position be posted under the following circumstances:

  • For a period of 1 year following medical separation.
  • For a period of 3 years following the commencement of retirement disability benefits from a retirement system to which ASUCLA contributes.

When an employee returns to work under special reemployment, a break in service does not occur.

“Retirement”

Policy Supersedes Effective
#921 4/1/98
1/1/2001
5/1/2004
7/1/2008

Employees considering retirement are encouraged to contact ASUCLA’s HR Division Area Manager at least 4 months in advance to ensure that retirement income payments will commence following separation from active employment.

A number of retirement planning resources are available to employees, including:

Employees who are retiring will meet with Human Resources staff prior to separation for an Exit Interview.

  • The Exit Interview provides retiring employees with an opportunity to express their likes, dislikes and suggestions about their employment experience with ASUCLA.
  • Feedback is reviewed by ASUCLA’s Human Resources management, and is often shared with appropriate operating division management.

“Final Pay Checks”

Policy Supersedes Effective
#926 4/1/98
1/1/2001
5/1/2002
7/1/2013

Resignation

A professional employee who ends their employment with ASUCLA shall be paid their final paycheck including payout of any unused vacation accruals or compensatory time on the next scheduled paycheck for their FLSA status (exempt: monthly paycheck; nonexempt: biweekly paycheck).

Termination

If a professional employee is terminated by ASUCLA, their final paycheck including payout of any unused vacation accruals or compensatory time, will be paid on the last day worked.

If the professional employee was terminated while on investigatory or administrative leave, the final paycheck including payout of any unused vacation accruals or compensatory time, will be sent to the employee by certified mail at the time of termination.

“Benefits Following Separation”

Policy Supersedes Effective
#931 1/1/2001
5/1/2002
8/1/2005
7/1/2007
7/1/2008
7/1/2010
7/1/2012

Group Insurance Plans

PLAN CONVERAGES/CONTRIBUTIONS END
Medical
Dental
Vision
Legal
ASUCLA Paid Life
Employee Paid Life
Dependent Life
“AD&D”
Coverages end the last day of the month of the employee’s last day on pay status *
ASUCLA Paid Disability
Employee Paid Disability
Last day on pay status
HCRA *
Dep Care *
“TIP”
Last day on pay status

* Example: If the last day on pay status is 9/1/2012, coverages would end 9/30/2012.
* Eligible expenses incurred through the end of the pay period in which the last contribution was made may be submitted for reimbursement.

Retirement & Savings Plans

Contributions stop on the last day on pay status. Employees should contact ASUCLA’s HR Division Area Manager about:

  • Inactive membership.
  • Refund of accumulations.
  • Rollovers of accumulations.
  • Retirement income.
  • Lump Sum cashouts.

Vacation & Sick Leave

  • Employees receive payout of unused vacation accruals, if any, at separation.
  • Unused sick leave accruals are not paid out at separation.
  • On retiring, sick leave accruals are converted to service credit.

Persons who are re-employed after a separation of less than 6 months (180 calendar days) shall have sick leave accruals reinstated as follows:

Separation Period Maximum Reinstated
Less than 90 calendar days All accruals from prior service
90 – 179 calendar days Up to 80 hours accrued from prior service

COBRA Continuation Option

Through the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), employees may elect to continue their ASUCLA-sponsored group coverages by paying the full costs of the premiums.

  • Employees separated due to misconduct are not eligible for COBRA continuation.
  • Legal insurance is not eligible for COBRA continuation.

Employees will be advised in writing of their COBRA options on separation.

Employees have 60 days from the date of separation, or from the date notice of COBRA rights is sent, to apply for COBRA continuation.

Employees will also be notified of their rights through AB 1401 which requires all insured health plans including HMO’s in California to offer certain individuals who have exhausted their Federal COBRA coverage and who have had less than 36 months of coverage, the opportunity to continue coverage under Cal-COBRA for up to a total of 36 months from the date of the beginning of their Federal COBRA coverage period.

To exercise the coverage continuation rights afforded under AB 1401, an election to purchase the extended coverage must be made in writing by the former employee to the carrier no later than thirty (30) calendar days prior to the end of the applicable eighteen (18) or twenty-nine (29) month Federal COBRA continuation period.

The cost of the continuation coverage under Cal-COBRA cannot exceed 110% or 150% for those under a disability extension of the applicable premium.

This law does not change the existing California Continuation Coverage that give UC active employees with at least five (5) years of employment with UC and who terminate at age sixty (60) or older the right to elect continuation coverage for up to five (5) years from the time of termination.

In the Event of Death

In the event of an active, inactive, disabled or retired employee’s death, beneficiaries would receive the following benefits:

  • $7,500. This amount differs for employees who became active UCRS members prior to 10/1/90, see ASUCLA’s HR Division Area Manager.
  • One month’s pay.
  • Payout of the employee’s accrued vacation balance.
  • Retirement Benefits, if any.
  • Applicable Life Insurance, “AD&D”, if any.
    These benefits will be paid to the beneficiary named for the insurance policies. If no beneficiary is named, the following will apply.

The above benefits are paid to the person or persons in the first of the following categories in which there is a survivor:

  1. Legal Spouse or Domestic Partner
  2. Child or Children
  3. Parent or Parents
  4. Siblings

Written confirmation of a family relationship will be required.

A domestic partnership must be confirmed by registration with the State of California, registration of a same-sex legal union formed in another jurisdiction that is substantially equivalent to a State of California- registered domestic partnership, or a Declaration of Domestic Partnership form filed with ASUCLA prior to the death of the employee.

If there is no survivor in any of the foregoing categories, the benefit will be paid to the estate.

If there is no estate, the benefit will be paid to the beneficiary designated in the deceased’s ASUCLA-paid life insurance policy.

“Unemployment Insurance”

Policy Supersedes Effective
#936 4/1/98
1/1/2001
5/1/2015

Unemployment Insurance is a State of California insurance program that provides paid benefits to individuals who are out of work through no fault of their own.

Eligibility is determined by the Employment Development Department (EDD) in accordance with its own regulations.

For information or to file a claim to receive Unemployment Insurance benefits, look in the telephone directory for “Employment Development Department” under “California, State of”. Information may also be obtained from the agency’s website at: http://wwwedd.cahwnet.gov.

“Employment Verification”

Policy Supersedes Effective
#941 none 4/1/98

Prospective employers seeking verification of your employment with ASUCLA should be referred to the Human Resources Division at 310/825-7055.

Without express written authorization from you, the only information released will be:

  • Your most recent job title.
  • Dates you were employed.
  • Whether or not you are eligible for rehire.