What is a layoff?
A layoff is the involuntary termination of an employee due to abolishment of the employee's position. Employees who are officially laid off have appeal or grievance rights. Employees will receive notice in accordance with the applicable employment type (USPS, A & P, or Faculty).

What is a Reduction in Work Force (RIF)?
A reduction in work force is the elimination of an A&P or untenured Faculty position by the University exercising its option to cancel "without cause" the employee's Employment Contract. A&P and Faculty employees receive applicable notice pursuant to their Employment Contracts. A&P and Faculty employees whose contracts are cancelled do not have layoff appeal or grievance rights.

Can I be laid off?
Yes. Staff employees can be laid off if there is a business need to do so. Examples of business need include but are not limited to: adverse financial circumstances; reallocation of resources; reorganization of programs or functions; curtailment or abolishment of programs or functions; shortage of work; or a material change of duties. Faculty employees can be laid off as a result of adverse financial circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs or functions; or curtailment or abolition of one or more programs or functions.

How did the University determine I would be laid off?
The University has strived to evaluate programs, general expenses, and vacant positions and then as a last resort any positions that have incumbents that would result in a layoff or reduction in work force. It's noted that when a position is abolished, it may or may not result in a layoff or reduction in work force. In accordance with University policy, in the event of a layoff of USPS and A&P employees, a determination of which employees to retain and which employees to separate would be based on business needs and the qualifications of the employees in the department in which the layoff occurs.

For Faculty employees the University must follow the layoff process in accordance with the FSU-Board Of Trustees and United Faculty of Florida Collective Bargaining Agreement and University policy, which preclude tenured faculty members from being laid off if there are untenured faculty members in the layoff unit. Non-tenured faculty members with more than five years of service in the layoff unit will not be laid off before non-tenured faculty members with less than five years of service in the layoff unit.

Does an employee have "bumping rights" if the employee is laid off?
No. For USPS employees the former layoff process of calculating employees' retention points based on length of service and performance evaluation ratings have been replaced with the business needs layoff policy. For faculty employees the University follows the process described in "How did the University determine I would be laid off?" above.

If I am laid off or my salary is involuntarily reduced, do I have appeal or grievance rights?
Yes. A USPS or A&P employee who is laid off will receive notice of their rights 14 days prior to the layoff. It is noted that out-of-unit A&P employees who are given notice of cancellation of their employment contract without cause or whose employment contract expires do not have any layoff appeal or grievance rights. A&P employees' terms and conditions of employment are set forth in their employment contracts. Faculty employees will receive notice of their grievance rights, if applicable, at the time of their layoff notice. Faculty employees who are given notice of cancellation of their employment contract without cause or whose employment contract expires do not have any layoff appeal or grievance rights. The conditions of employment are set forth in their employment contracts.

Do I have recall rights?
Yes, if you are a USPS employee you do have recall rights. When a vacancy occurs or a new position is established within the layoff department, a laid off employee who is not otherwise employed in an equivalent position shall be recalled within one-year of his/her layoff provided the employee meets the special qualifications and/or relevant experience required for the vacant or new position. The order of recall, if applicable, will be determined by management based on the business needs of the organization. Employees who are re-employed after a layoff in a position in the class from which they were laid off and in which they had attained regular status shall be re-employed with regular status. A&P employees who are laid off do not have layoff recall rights. Faculty employees covered by the FSU Board of Trustees - UFF Collective Bargaining Agreement (CBA) have recall rights for a period of two years following the layoff. In the event an offer of re-employment is not accepted, the faculty member will receive no further consideration for recall. Out-of-unit faculty employees (not covered by the CBA) do not have layoff recall rights.

If I am laid off, am I eligible for unemployment compensation?
Yes, an employee who is laid off, or an A&P or faculty employee whose position is abolished due to a reduction in work force, would be eligible for unemployment compensation.

What other services are available to me if I am laid off?
The FSU Employee Assistance Program (EAP) is available to assist employees impacted by layoff. EAP sessions are considered confidential and time worked if approved by a supervisor. EAP may be contacted at 644-2288. Other questions may be referred to the appropriate functional area of Human Resources:

Name Office Phone

Renisha Gibbs
Employee and Labor Relations 645-6519

Francesca Ciaccio-Freeman
Employment and Recruitment Services 644-6034

Renisha Gibbs
Office of Diversity and Equal Opportunity 645-6519

Susannah Miller
Office of the Dean of the Faculties Human Resources 644-6876

If I am laid off, what happens to my health insurance?
You may continue your health insurance for up to two years through COBRA (if laid off). If you are eligible to retire, then you could retire and continue your benefits. The Benefits office will be available to assist you with this decision. On February 16, 2009, the American Recovery and Reinvestment Act of 2009 was signed into law. This Act reduces the COBRA premium for COBRA eligible individuals who meet specific requirements. For more information about the subsidy, go to this website: http://dms.myflorida.com/human_resource_support/state_group_insurance/cobra_subsidy

If I am laid off, what happens to my retirement?
If you are in the Pension Plan, Investment Plan or Optional Retirement Plan (ORP) and are not eligible to retire without a penalty, then you do not have to start drawing a benefit until you are eligible.

If I am laid off, who do I contact if I am in the Optional Retirement Plan?
You would contact your annuity company and they will be able to advise you.

Am I guaranteed employment if I am enrolled in the Deferred Retirement Option Program (DROP)?
No. Your employment status is not changed by your DROP participation. You may quit your job or your employer may lay you off or terminate you in the same manner before your participation in DROP began. [FRS DROP Brochure dated September 2006]

If I am in DROP and I am laid off, what happens to my health insurance?
If you are in DROP, you will be considered retired, and can therefore continue your health insurance. The premiums would be deducted from your retirement check.

If I am in DROP and I am laid off, what happens to my retirement?
If you are in DROP, and do not find employment by the end of the month following your layoff date, you will be considered retired, and must start to draw your retirement benefit.

If I am laid off, who do I contact if I am in the Pension Plan, DROP or the Investment Plan?
You can contact the Retirement Section in Human Resources at 644-4016.

Will I be able to get assistance with finding other employment opportunities with FSU?
Yes. Employment and Recruitment Services in The Office of Human Resources will be available to assist you one-on-one to identify vacancies within the University that meet your skill set and assist you in applying for those vacancies. Preference for consideration will be given; however, preference does not guarantee a job.

Will I be able to get assistance with the on-line application and putting together a resume?
Yes, Employment and Recruitment Services in The Office of Human Resources will be available to assist you in completing the on-line application as well as writing a resume.

What if there are no job vacancies for me to apply to at FSU that match my skill set?
For A&P and USPS employees, Employment and Recruitment Services in The Office of Human Resources will provide assistance in identifying alternative employment opportunities (if available) outside of FSU.

For the positions I apply for, will I receive preference from the hiring manager?
When applying for internal positions, Employment and Recruitment Services in The Office of Human Resources will notify the hiring managers that you have been impacted by the layoffs. Preference for consideration will be given; however, preference does not guarantee a job or a job at the same level or the same salary.

How does the current hiring freeze affect employment opportunities within the University for any employees impacted by the layoffs?
The University currently has implemented a hiring freeze for E&G and Auxiliary funded positions. Contract and Grant funded positions and OPS are not included in the current hiring freeze. As a result of the hiring freeze, there are a limited number of positions being advertised. Staff employees who are impacted by the layoffs will be given preference for consideration for any vacancies in which they apply and meet the qualifications before any external candidates are considered for the vacancies.

The hiring freeze policy and guidelines may be found on HR's website as follows: http://www.hr.fsu.edu/PDF/publications/communications/FreezePolicy.pdf

What happens to my annual leave and sick leave?

Annual Leave: Upon separation, an employee shall be paid for up to the year-end maximum for unused annual leave. Upon re-employment by the SUS in a leave accruing position within 100 days or upon layoff recall by the University within one year, all unpaid annual leave shall be restored and any annual leave paid at the time of separation shall be restored upon repayment by the employee.

An employee who is being laid off may request in writing that all unused annual leave be retained. Election by the employee to receive payment for unused annual leave shall not constitute a break in service. For employees who are re-employed by the University within twelve (12) calendar months following layoff, all retained annual leave shall be restored to the employee, provided the employee requests such action in writing. Annual leave for which an employee received payment may be restored upon full reimbursement to the University. Employees who are not re-employed within twelve (12) calendar months following layoff and who had elected to retain their annual leave pending re-employment shall be paid for up to the year-end maximum of the pay plan and rate of pay as of the layoff date.

Sick Leave: Upon separation, an employee with ten (10) or more years of creditable State or University service shall be paid for one-eighth of all unused sick leave accrued prior to October 1, 1973, and for one-fourth sick leave up to a total of 480 hours accrued after October 1, 1973, in accordance with Section 110.122, Florida Statutes. Payment is made at the employee's salary rate at the time of termination. An employee with less than ten (10) years of creditable State or SUS service shall not be paid for any unused sick leave and such leave shall be forfeited unless re-employed by the SUS within 100 days or recalled by the University within one (1) year.

If I am on Family Medical Leave Act (FMLA) can I be laid off?

Yes. FMLA leave does not shield employees from termination or layoff. Although the FMLA prevents employers from terminating employees because they are on FMLA leave, employees can be laid off, disciplined, and terminated while on FMLA leave, as long as the action is unrelated to the FMLA leave.