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Purpose
To define
the terms and conditions under which employment with the University
will be terminated.
Applicability
Except as otherwise
noted this policy applies to all employees with regular appointments.
General
Provisions
An employee may voluntarily
resign, retire, abandon the job, be separated in a reduction-in-force,
or be dismissed for disciplinary reasons as described in this
section. Where it is in the best interest of the University, the option
of non-renewal may be applied to contract staff including Professional,
Administrative/Managerial, Executive, and Faculty employees.
VOLUNTARY
SEPARATIONS
Resignations
An employee may resign
his or her position at any time by providing written notice to
his or her Department Head. The letter of resignation should
include the effective date of the resignation. A copy of the letter of resignation
should be sent to the Human Resources Office. It is the responsibility
of the employee to make sure that the Human Resources Office
is notified so that the appropriate termination procedures are
followed.
Notice
Non-exempt staff employees
who wish to resign from the University in good standing, are
required to give a minimum of ten (10) working days notice. Annual
or Compensatory Leave may not be substituted in lieu of actual notice.
Employees in the Professional,
Administrative/Managerial, and Executive category are expected
to give sufficient notice to minimize the adverse impact on the
functions of their office, but no less than eight weeks notice.
Employees who fail to
provide sufficient notice of their intention to separate from
the University may not be eligible for rehire in the future.
In unusual circumstances,
the Department Head, with the concurrence of the Component Head
may waive the notice requirement in part or in total.
Effective
Date of Termination
The last day that an
employee is actually on the job will be considered his or her
effective date of termination.
RETIREMENT
Teaching
Faculty
Teaching faculty should
abide by the guidelines outlined in the Teaching Faculty Policy
Manual.
Notice
Employees who are planning
to retire are expected to provide two months advance notice in
writing to their Department Head. They should also contact the
Human Resources Office at that time.
For more information
on retirement, early retirement, and retirement counseling see
Section RETIREMENT BENEFITS
.
INVOLUNTARY
SEPARATIONS
Termination
for Cause
Employees who fail to
perform up to acceptable standards, or who violate University
policy may be terminated for cause. Non-probationary employees who
are terminated under this provision are entitled to due process and
may appeal their dismissal according to the following guidelines
and procedures:
Notice of
Termination
After consultation with
Human Resources Manager, the Department Head or his or her designee
will give the employee written notification of the impending
dismissal. The notification will include the following:
- The effective date of the action,
- The specific charges or reasons
for the action,
- Notice of the employee's right
to appeal,
- The procedure and deadline for
filing an appeal.
Non-Renewal
of Contract
Upon the recommendation
of the Department and Component Heads, the President may approve
the renewal of any employment contract. Any contract not renewed
shall expire on its end date. The non-renewal of a contract is not a termination
for cause and, therefore, the employee does not have to be informed
of the cause for non-renewal. Contract employees have no right
to expect continued employment beyond the end date of their current
contracts.
Reduction-in-Force
A reduction-in-force
may be necessary when a position or group of positions must be
closed because of lack of work or funds. Employees who are separated
in a reduction-in-force will receive preference in rehiring should a position
for which they are qualified open within one year.
Job Abandonment
Employees who are absent
from work for five (5) or more consecutive days without authorized
leave will be considered as having voluntarily abandoned their
jobs. The University will officially terminate such employee at the end of
the fifth day of such unauthorized absence. Employees who are
terminated under such circumstances are not eligible to be rehired.
Appointment
Expirations
All active employees
are required to have a current Record of Appointment authorizing
their employment. When an employee's Record of Appointment expires
for any reason, his or her employment status with the University will
automatically terminate and he or she will be removed from the
Payroll.
Due Process
Any non-probationary
employee on a regular appointment who has been terminated for
cause, or any employee who has reason to believe that his or her
separation was based upon unlawful discrimination because of race, sex,
age, religion, national origin or disability, may file an appeal.
He or she may do so by following the procedure outlined in
APPEALS
.
Severance
Pay
Non-probationary employees
involuntarily terminated by the University will be given a minimum
of two (2) weeks notice of termination, or at the discretion
of the University, may be given severance payment in lieu of notice. The
severance pay schedule is as follows:
Temporary
Employees
If an employee on a
Temporary appointment is involuntarily separated by the University
the employee will be given a minimum of two (2) weeks notice
or equivalent severance pay.
Death of
an Employee
In the event of the
death of an employee, his or her employment will be considered
terminated as of the date of death. Terminal compensation for
unpaid salaries owed and accrued annual leave shall complete the financial
obligation of the University for all employees in the Professional
or Non-Exempt Regular employment category. Deductions for fringe
benefits will be adjusted as appropriate.
Procedures
in the Event of Death
Realizing that the death
of an employee brings certain hardships to the family, the University
has provided this procedure to accomplish as quickly as possible
those actions it believes are necessary at the time of death.
Notification
When an employee dies,
it is the responsibility of the Department Head to obtain as
much of the following information as possible and relay it immediately
to the Human Resources Office:
- Name of deceased
- Date of death
- Last day worked
- Name and address of next of
kin
Upon receipt of this
information from the Department Head, the Human Resources Office
will initiate the appropriate termination processes, including
the preparation and routing of a Termination Clearance Form, and preparation
of payroll information documents.
Settlement
of Accounts
The following payments
are to be made to the next of kin where allowed by law:
- Wage or salary through the payroll
period in which death occurred,
- Vacation earned but not taken
through the date of death,
- Any other amounts due the deceased
employee.
When there is an administration
of the employee's estate, a short form of the court order certifying
the appointment and a qualification of the executor or administrator
of the estate must be obtained. In such cases, the payments listed
above are to be made to the executor or administrator as required by law.
Items of indebtedness
to the University will be deducted from any monies due to the
employee.
Payment
of Final Check
Final payment shall
be made to the next of kin upon presentation of the following
documents:
- A certified copy of the death
certificate,
- Evidence of relationship to
the deceased, e.g. marriage certificate.
In addition, the beneficiary
shall be required to sign an affidavit declaring his or her relationship
to the deceased.
Upon receipt of the
final Payroll Advice form from the Human Resources Department,
the Payroll Department shall process the final check made payable to
the deceased. The final check will be released to the beneficiary
upon presentation of the appropriate documentation.
Death Benefit
In the event of the
death of an employee in the Executive, Administrative/Managerial,
Teaching Faculty or Research Faculty employment category, the
University will pay a death benefit amounting to three-fifths of the employee's
annual base salary to his or her surviving spouse or legal
heir. This payment will complete the financial obligations of
the University under his or her contract.
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