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Employee & Labor Relations

A Resource for County of San Mateo Employees, Supervisors, and Managers

Process for Employees at Risk of Layoff

Employee Relations Handbook, Layoff, Seniority

ER Handbook-2016 160Post-Employment Rights

Layoff (EE does not take a severance) Layoff (EE takes a severance) Voluntary Demotion Involuntary transfer to another position within the department (to same class) Voluntary Separation (EE resigns)
  • Automatically placed on reemployment list for one year (can extend for an additional year, upon request) – CSR XVI (6) and MOUs
  • If rehired from reemployment list (CSR XVI (6)):
    • Sick leave balance restored
    • Vacation accrual rate restored
    • Seniority restored
  • Automatically placed on reemployment list for one year (can extend for an additional year, upon request) – CSR XVI (6)

Taking severance invalidates all other employment rights, including seniority (CSR XVI (6))
  • Automatically placed on reemployment list (one year, may request second year) for formerly held classification (MOU language)
  

  • No rights to return to former position.
  • EE may request to be placed on a transfer list for one year (can extend for an additional year, each year)
  • Upon separation, EE may be placed on a reinstatement list (one year, may request second year) for any classification for which he/she is qualified, upon request to HR Director (CSR VIII (5)(E))
  • Regardless of whether EE was on reinstatement list, if EE returns within 2 years of separation (5 for hard-to-fill positions), EE may get the following with department head recommendation to HR Director (6/12/03 HR memo):
    • Sick leave balance restored
    • Vacation accrual rate restored

Resignation severs all other employment rights, including seniority (CSR XV (1)(B))
Reemployment list: The first list used to fill any potential future vacancies; this list supersedes all other lists. Order on list determined by seniority (CSR VIII (5)(A)). Reinstatement list: May be considered by department heads in addition to either the promotional eligible or general eligible lists, but cannot take precedence over the department reemployment or general reemployment eligible lists (CSR VIII (5)(E)).

Notes: Employees who occupy positions that have been identified for elimination may request to the HR Director that their names be placed on the appropriate reinstatement list prior to layoff (CSR VIII (5)(E)).