AVSTA CSEA-CONTRACT-March 9, 2022

ARTICLE XVIII

LAYOFF AND REEMPLOYMENT

18.0

Reason for Layoff: Layoff shall occur only for lack of work or lack of funds.

18.0.1 Layoff for lack of work or lack of funds includes any reduction in hours of employment or assignment to a class lower than that which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff.

18.1

Order of Layoff:

18.1.1 When positions are discontinued or hours reduced for lack of work or lack of funds, bargaining unit employees shall be laid off in inverse order of seniority by job classification. Employees who have been employed the shortest time in the classification, plus higher classification shall be laid off first. 18.1.2 No permanent employee shall be laid off from any position while employees serving under probationary, emergency, provisional, limited term or substitute status are retained in positions in the same class.

18.2

Computation of Seniority:

18.2.1 Seniority for employees shall be determined by the number of hours the employee has been in a paid status, as a probationary and/or permanent employee with the Agency, excluding overtime, in the class or higher classes. The computation of hours in a paid status includes holiday, vacation days, hours worked during school recesses, unpaid illness leave or unpaid industrial accident leave or approved military leave.

18.2.2 Employees temporarily assigned into a higher class shall continue to accrue seniority in his/her regular class.

18.2.3 Hours in paid status shall not be interpreted to mean any service performed prior to entering into a probationary or permanent status in the classified service of the Agency except service in restricted positions as provided by the Education Code. 18.2.4 An employee shall not receive credit toward seniority for breaks in service. If after a break in service an employee is reinstated within thirty-nine (39) months credit shall be given for prior service. No credit shall be granted to employees reinstated after thirty-nine (39) month break in service. 18.2.5 If two (2) or more employees subject to layoff have equal class seniority, the determination as to who shall be laid off will be made on the basis of the greater hire date seniority, and if that be equal, the determination shall then be made by lot.

18.3

Retirement in Lieu of Layoff:

18.3.1 In cases where an employee elects to retire in lieu of layoff, the Agency shall comply with provisions of the Education Code.

18.4

Notification of Layoff:

18.4.1 When, as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and classified employees will be subject to layoff for lack of funds, the employees to be laid off at the end of such school year shall be given written notice on or before May 29 informing them of their layoff effective at the end of such school year and of their displacement rights, if any, and reemployment rights. However, if the termination date of any specially-funded program is other than June 30, such notice shall be given not less than sixty (60) days prior to the Board approved effective date of their layoff.

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