Employees in specially funded programs which will expire at the end of the fiscal year must be given written notice on or before May 29 informing them of their impending layoff and reemployment rights. It may be argued that specially funded employees who are not notified of termination by May 29 are entitled to be employed for 30 days in September. A draft notice to accomplish this purpose is attached for your consideration. Sending such notices should be approved in advance by the board of trustees. Please note that the form should be adapted depending upon whether it is served on an employee who, as a result of the elimination of his position, may bump a more junior employee or whether the employee whose job is eliminated is to be dismissed entirely.
Hours are a mandatory subject of bargaining.
Unilateral reductions in hours cannot be accomplished by a combined layoff and reemployment at lesser hours in newly-created positions. For school employers not subject to collective bargaining restrictions, the reduction in hours approach is indistinguishable from the layoff process. There is no particular need to characterize the service reduction as a reduction in hours. Classified seniority is determined in each job classification by total hours in paid status in that classification. The Education Code does not specify these displacement rights.