In Lieu of Layoff Clause Samples
The "In Lieu of Layoff" clause allows an employer to take alternative actions instead of laying off employees when workforce reductions are necessary. Typically, this may involve measures such as transferring employees to other positions, reducing work hours, or offering voluntary separation packages. By providing alternatives to outright termination, this clause helps minimize the negative impact of layoffs on employees while giving the employer flexibility in managing staffing levels during periods of organizational change or financial difficulty.
In Lieu of Layoff. 1. In lieu of layoff, the City may pursue consideration of a furlough or reduction of hours on a department basis as follows:
2. City Council makes a finding that for reason of lack of work or lack of funds that a reduction in personnel is needed.
3. Department Head consults with Employees to explore alternatives.
i. Voluntary furloughs/hours reduction sought first.
ii. Involuntary furloughs or reductions in hours may be imposed on a standard basis by class within the department, not to exceed 48 hours (2 shifts) per fiscal year. Should the City desire to utilize more than 48 hours of involuntary furlough time in a fiscal year, The Grass Valley Fire Department employees will be consulted and shall have the option of agreeing to permit the City to utilize up to an additional twenty-four (24) hours of involuntary leave for a total of 72 hours or refusing such request. If the request is refused the City shall have the option of reducing the force through layoffs.
iii. For employees working 8-hour shifts, involuntary furlough time may not exceed 80 hours per fiscal year. If additional time is desired the City may request an additional 40 hours of time for a total of 120 hours. If the request for additional hours is refused the City shall have the option of reducing the force through layoffs.
iv. In lieu of taking actual furlough time employees may elect to pay a higher portion of city provided benefits (i.e. health insurance) in an amount equal to the total savings that that would have been realized by the furlough time. Equivalent paid time may be taken off. Provided the savings are achieved within the same time period (fiscal year) as the assignment of furloughs.
v. If any of the options above (except iv) are chosen and include furloughs of employees, no impact to benefits shall occur. Insurance will still be paid by the extent agreed to in this MOU. Leave accruals will continue at the full-time rates and will not be prorated for furlough day(s). Retirement contributions and related benefits shall be maintained as if no reduction in time had occurred and full year PERS service credit will be retained, unless precluded by PERS.
4. Upon reduction in force, permanent employees appointed to jobs with a lower pay range shall be given the next step up in the range lower than the range from which he/she was reduced. (i.e.: If employee is Range 2, Step C, upon appointment to lower pay range due to reduction in force, employee would be Range 1, Step D).
In Lieu of Layoff. Employees may elect reassignment or bumping in lieu of layoff in accordance with the following provisions:
In Lieu of Layoff. In lieu of layoff, an affected employee may bid for a permanent vacancy in accordance with the procedures of Article 6 of this Agreement.
In Lieu of Layoff. Displacement is the movement in a layoff of an employee to an equal or lower class on the basis of seniority. (An employee cannot displace to a higher class.) If an employee who is to be laid off had permanent status in an equal or lower class in the department in which layoff occurs, such employee shall be offered a vacant position in the equal or lower class in the department or he/she may displace an employee of that department having less seniority as defined in Section 33.7 below. Any employee thus displaced may in the same manner displace another employee. Should an employee have the right to displace in more than one class, he/she shall displace first in the highest class in which he/she has rights. Should an employee have the right to displace to two or more equal, lower classes, he/she shall displace first to the most recently occupied equal class.