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Separations

PER-4.14 April 22, 1993 Separations

  

Policy:            PER 4.14

Title:               Separations

Adopted:        April 22, 1993

Revised:         January 1, 2011   

 

I. POLICY AND/OR OBJECTIVE

  A.   Resignations  

A regular status employee should resign by writing the appropriate department head at least one full pay period (minimum of two weeks for classified staff, minimum of one month for professional/administrative staff) before the effective resignation date. A resignation shall constitute a break in service. An employee who submits a written resignation shall not have the right to appeal.

   B.  Abandonment of Position  

An employee who is absent without authorized leave for three consecutive workdays may be deemed to have abandoned the position and to have resigned and shall not have the right of appeal. However, the employee shall have the right to petition the Provost/vice president/dean for a review of the facts in the case and obtain a ruling as to whether the circumstances constitute abandonment of position. Those who report directly to a dean may petition the Provost for a review of the facts in their case. Those who report directly to the Provost/vice president may petition the President. Any employee separated under conditions of abandonment of position shall be notified of the termination in writing by certified mail -- return receipt requested. Such notice shall include a statement as to the employee's right to petition for a review of the facts. It shall state that such petition must be made within seven calendar days from receipt of notice. The decision of the Provost/vice president/dean shall be final. For those who report directly to a dean, the decision of the Provost shall be final. For those who report directly to the Provost/vice president, the decision of the President shall be final.  

  1. Separation During Provisional Employment Period  

An employee who is voluntarily terminated or who is involuntarily terminated during his or her provisional employment period shall not have the right of appeal. However, any employee who feels termination during provisional employment status was the result of unlawful discrimination shall have the right to appeal in accordance with provisions of PER 5.04, Appeals

  1. Dismissal of Regular Status Employees  

A regular status employee may be dismissed only for cause and normally, though not necessarily, only after at least one written warning pointing out areas of deficiency and establishing a reasonable time limit for improvement. Any dismissal of a regular status employee must be reviewed by the Staff Development and Employee Relations Office, Human Resources Department before any action is taken. A pre-termination meeting will be conducted in the Human Resources Department with a representative of the Staff Development and Employee Relations Office present.   

A classified employee in regular status will normally be given at least two weeks' written notice prior to dismissal. In unusual cases, services may be terminated immediately and without notice. In such cases, payment shall be made for two weeks in lieu of notice except when the discharge is for willful or flagrant violation of university rules. Employees terminated during a provisional employment period are not eligible for pay in lieu of notice.   

Any professional/administrative employee will normally be given at least one month's written notice prior to dismissal. In unusual cases, services may be terminated immediately and without prior notice. In such cases, employees shall receive payment for one month in lieu of notice. When the discharge is for willful or flagrant violation of university rules or for other willful misconduct, there will be no such payment.   

Classified and professional/administrative employees shall have the right to appeal dismissal in accordance with the provisions of PER 5.04, Appeals

  1. Pay Upon Resignation/Termination  

Upon resignation or termination, the employee's employment status will be terminated on the last day of work and benefits will be terminated immediately.  Employees who are eligible to accrue annual leave or who have earned compensatory time will be paid in a lump sum for such leave on their last regular paycheck or the next available paycheck, as provided in PER 4.04, Annual Leave.  

    F.    Pay Upon Reduction in Force   

Upon a reduction in force, the employee’s employment status will be terminated on the last day of work, but the employee may elect to remain in pay status for a period equivalent in duration to accrued, unused annual leave or earned compensatory time.  Health and retirement benefits will continue while paid leave is exhausted; all other benefits will terminate effective on the last day of work.   

Upon exhausting paid leave, RIF status employees will be placed on leave without pay for the balance of 12 months following the separation date, as provided at PER 4.16, Reductions in Force, to permit continuing in the health plan, as provided at PER 4.13, Leaves of Absence Without Pay, provided the employee shall be responsible for the full premium of such participation and the university’s contribution toward the health plan shall cease. 

   G.   Pay Upon Retirement.

Upon a qualifying retirement, the employee’s employment status will be terminated on the last day of work, but the employee may elect to remain in pay status for a period equivalent in duration to accrued, unused annual leave or earned compensatory time and up to 30 days of sick leave, as provided in PER 4.04, Annual Leave, and PER 4.05, Sick Leave.  Health and retirement benefits will continue while leave is exhausted; all other benefits will terminate effective on the last day of work. 

  1. Pay Upon Death 
    1. Classified and professional/administrative Staff

In the event of an employee's death, payment for annual leave accrued up to the time of death shall be delivered to the employee's beneficiary or estate or as provided by law. It will be at the rate of pay at the time of death and by the department in which the deceased was last employed. Payment for up to 30 days of unused sick leave shall be made upon death to the beneficiary or estate or as otherwise provided by law.  

    1. Administrators and Faculty

The university will pay the salary of a deceased faculty member or administrator for an additional month after the month in which death occurs. This means that there will be a minimum of one month and a maximum of two months' salary being paid by the university after the death of a faculty member. 

             3.    Health insurance for family members who die while on active service (if in effect on the date of death) will be continued for not less than 30 days following the date of death, to afford unnecessary disruption in health insurance for surviving family members and to allow sufficient time to convert to COBRA coverage (if elected).  

  1. The appropriate unit head should submit a note to the Payroll unit indicating the death of a faculty member.  

 

II. PROCEDURE

 

Resignations and terminations are to be documented by the completion of the home department of a Termination/Retirement Notice Form (XLS). 

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