WORK LIFE ISSUES - HANDBOOK FOR NONEXEMPT STAFF PERSONNEL

HANDBOOK FOR NONEXEMPT STAFF PERSONNEL
UNIVERSITY HUMAN RESOURCE SERVICES
BALL STATE UNIVERSITY

3.4 Work Life Issues

3.4.1 Anti-Nepotism Policy
This anti-nepotism policy is intended to reinforce the university's commitment to employment practices which create and maintain constructive working relationships within the university community and which reflect the university's commitment to management practices that are fairly, efficiently, and evenhandedly applied to all Staff and Service Personnel and applicants for employment in these job classifications without actual or apparent bias or favoritism.

1. It is the general policy of Ball State University not to employ, or to continue to employ, relatives on a regular or part-time or temporary basis within the same functional work unit or to have one relative under the direct supervision of another relative.
a. A relative, for the purposes of this policy, is defined as an individual for whom a faculty or professional or staff or service employee has been assigned legal responsibility in a guardianship capacity, parent, child, brother, sister, spouse, aunt, uncle, niece, nephew, grandparent, grandchild, or such persons related by marriage.

b. For the purposes of this policy, a "functional work unit" normally will be defined as an academic department or an administrative office. If questions should arise as to what constitutes a "functional work unit" in the administration of this policy, that determination will be made by the university officer to whom the unit reports within which the affected employees are employed.

c. For the purposes of this policy, "direct supervision" means the lowest level of supervision responsible for assigning work, supervising activities related to that work, appraising performance, determining salary or wage increases, and/or making decisions in regard to the hiring, firing, and disciplining of an employee.

d. In addition to the prohibition against the direct supervision of a staff or service employee by a relative, no faculty or professional or staff or service employee shall initiate, participate in, or in any way influence institutional decisions involving a direct benefit (initial appointment, retention, promotion, salary/wage, leave of absence, grievance adjustment, etc.) to members related by family or marriage as defined in paragraph 1.a. above. In instances where a conflict of interest might occur because of general supervisory responsibilities (supervision at least one step above that of the direct supervisor) under normal operating procedures, the responsibility for institutional decisions involving a direct benefit will pass to the next higher administrative level.

2. If any of the relationships defined in paragraph 1 above are created subsequent to the employment of the affected staff or service employee, one of the persons affected must give up his or her position no later than 6 months from the date the relationship was established. Within 30 days after the relationship, as defined in paragraph 1 above has been established, the affected persons must inform in writing the university officer to whom the unit in which he or she is employed reports that such a relationship exists and must state which of the affected persons will relinquish his or her position. Should the written notification to the university officer fail to specify which of the affected persons will give up his or her position, it will be assumed that the party with the least seniority (length of continuous service from the last date of hire at the university) will relinquish his or her position. The person giving up his or her position may be re-employed within the university subject to the needs of the university.

3. Whenever any supervisor may propose because of the best interests of the university to employ a person, or to continue the employment of a person, in a position where he or she would be working in the same functional work unit with a relative or would be under the direct supervision of a relative as specified in paragraph 1, such supervisor shall prepare a written request for approval of such employment setting forth the reasons for the request. The request shall be submitted to his or her immediate supervisor for review and recommendation, through each higher supervisory level, to the university officer responsible for the affected unit. The university officer may reject the request or grant it subject to such conditions as he or she may deem appropriate and in the best interests of the university and in such a way as to be consistent with the general purposes of this policy as set forth above. If the request is granted, it shall be for a period of no more than 12 months and shall be conditional upon the annual review procedure set forth in paragraph 4.

4. The university officer shall review annually each request previously approved. If the university officer finds that the circumstances under which the approval was granted have materially changed or that the conditions attached to the approval, if any, are ineffective or inadequate, he or she shall take such action as he or she finds to be in the best interests of the university, including termination of the employment or continuance of the employment under different conditions. The affected employee(s) may appeal the decision by the university officer as provided in section 4 of this policy through the appropriate grievance procedure -- Staff/Non-Bargaining Unit Affiliated with Staff or Service Personnel.

5. Students, graduate assistants, research assistants, and doctoral fellows employed by the university are covered under this policy.

6. If a university officer is made aware of possible violations of this policy, he or she shall have the matter investigated. If the facts alleged are found to be correct so as to establish a violation of this policy, the President may terminate the employees violating this policy or the person having administrative supervision of the affected employees may request, pursuant to paragraph 3, that the employment be continued, in which event the matter shall be treated as provided in paragraphs 3 and 4.

7. This policy applies to all persons employed after the effective date of the adoption of the policy. This policy also applies to persons whose employment precedes the adoption of this policy with the following exceptions:
a. persons who directly supervise another person related by family or marriage, or

b. persons related by family or marriage who are employed within the same functional work unit upon the effective date of the adoption of this policy shall not be subject to the provisions of this policy in regard to that supervisory relationship or working relationship as long as the incumbents remain in their current positions.

Effective date: October 2, 1987

3.4.2 Delinquent Accounts Owed the University
The “Procedures for Collecting Delinquent Accounts Owed the University by its Employees” was passed by the Board of Trustees in order to collect charges remaining unpaid after 60 calendar days after appropriate hearings and other appeal procedures, if any, have been concluded. Penalties assessed may include withholding employee privileges, recording of the delinquent account in the personnel file, refusing class registration, withholding salary increases, and withholding promotions and/or upgrades of positions. At the option of the university, delinquent accounts may be referred to collection agencies or pursued in court.

3.4.3. Equal Opportunity and Affirmative Action Policy
            Ball State University provides equal opportunity to all students and applicants for admission in its education programs, activities, and facilities without regard to race, religion, color, sex (except where sex is a bona fide occupational qualification), sexual orientation, physical or mental disability, national origin, ancestry, age, or citizenship (for U.S. citizens and protected lawfully-admitted aliens).
            Ball State University provides equal opportunity to all employees and applicants for employment in its recruitment, hiring, retention, promotion, tenure, transfer, layoff, return from layoff, training, and other employment decisions and in its compensation and benefits programs without regard to race, religion, color, sex (except where sex is a bona fide occupational qualification), sexual orientation, physical or mental disability, national origin, ancestry, age, or citizenship (for U.S. citizens and protected lawfully-admitted aliens).
            The university also takes affirmative action to employ and advance minorities, women, qualified disabled persons, and qualified disabled veterans and veterans of the Vietnam era. Information concerning the university's affirmative action programs can be obtained from the Office of University Compliance, Ball State University, Muncie, IN 47306.
            Each line administrator is responsible for ensuring that educational and employment decisions are made and implemented in accordance with the university's equal opportunity and affirmative action policy. All persons involved in the decision-making process, including members of faculty and other employee committees, shall act in a nondiscriminatory manner. The Office of University Compliance is responsible for developing, coordinating, and implementing policies and procedures for institutional compliance with all applicable federal and state equal opportunity laws and regulations and for preparing and monitoring compliance with required affirmative action programs.
            Complaints regarding unlawful discrimination should be filed within 45 calendar days following the alleged act or incident giving rise to the complaint in the Office of University Compliance in accordance with the "Ball State University Equal Opportunity and Affirmative Action Complaint Investigation Procedure and Appeal Process." A copy of this document may be obtained by contacting the Office of University Compliance. The President will review the university's equal opportunity and affirmative action policy and programs at least once each year, measure progress against the objectives stated in the affirmative action programs, and report findings and conclusions to the Board of Trustees.

3.4.4 Grievance Procedure for Staff Personnel & Service Personnel (Non-Bargaining Unit) Affiliated with Staff Personnel
1. Applicability. A grievance is defined as a dispute between the university and a Staff Personnel or Service Personnel (Non-Bargaining Unit) Affiliated with Staff Personnel employee or employees concerning the meaning or application of a university rule or regulation. All grievances shall be processed and disposed of in accordance with this procedure; provided, however:

a. Except as stated in subparagraph (b) below, if there exists a separate, university procedure for processing a grievance concerning the specific rule or regulation involved (e.g., parking violations), the grievance shall be processed and disposed of in accordance with that procedure.

b. If the grievance involves an employee's discharge or discipline and the employee alleges the discharge or discipline was, in whole or in part, due to discrimination relating to race, religion, color, sex (except where sex is a bona fide occupational qualification), sexual orientation, physical or mental disability, national origin, ancestry, age, or citizenship (for U.S. citizens and protected lawfully-admitted aliens), the grievance shall be processed and disposed of in accordance with this procedure rather than the university's "Equal Opportunity and Affirmative Action Complaint Investigation Procedure and Appeal Process," but in these circumstances the university's Director of Equal Opportunity and Affirmative Action shall serve in an advisory capacity at each step of this procedure after Step 1 and two additional persons shall serve with the Staff Council Employee Relations Committee at Step 3.

An employee shall not have the right to pursue two separate procedures for a grievance, or grievances, arising out of the same event or circumstances.

If any question arises concerning the university procedure to be followed in processing or disposing of a particular grievance, the President of the university, in the President's sole discretion, shall determine the university procedure which shall be followed.

2. Procedure. Grievances subject to this procedure shall be processed and disposed of in the following manner:

a. Step 1. The aggrieved employee must submit his or her grievance, in writing, to his or her immediate supervisor within 10 calendar days following the occurrence of the event or circumstances giving rise to the grievance; in the absence of the immediate supervisor, the grievance may be submitted to the supervisor's designee. Within 3 workdays following receipt of the grievance by the supervisor, the supervisor, or his designee, will meet with the employee to discuss the grievance; the supervisor will give the employee a written answer to the grievance within 3 workdays following the meeting with the employee.

b. Step 2. If the employee wishes to further pursue the grievance, the employee must submit a copy of the written grievance and the immediate supervisor's answer to the employee's next higher supervisor within 3 workdays from the date of the Step 1 answer. Within 3 workdays following the receipt of the grievance at Step 2, the next higher supervisor will meet with the employee to discuss the grievance; the next higher supervisor will give the employee a written answer to the grievance within 3 workdays following the meeting with the employee.

c. Step 3. If the employee wishes to further pursue the grievance, the employee must, within 3 workdays from the date of the Step 2 answer, so advise the President of the Staff Council in writing, and submit a copy of the written grievance along with copies of the Step 1 and Step 2 answers to him/her. Step 3 shall be conducted as follows:

1) Notice of Hearing. Upon receipt of an appeal, the President of Staff Council will notify the employee, the appropriate supervisor(s) and next higher supervisor(s) of the date, time and place the appeal will be heard. The date shall be within 5 workdays after the President of Staff Council receives the appeal.

2) Quorum and Challenges. The appeal shall be heard by the Staff Council Employee Relations Committee. A majority of the members of the Committee shall constitute a quorum. The employee, the supervisor(s) or the next higher supervisor(s) may challenge a member on the grounds of personal bias. The decision whether to disqualify a challenged member shall be made by a majority vote of the remaining members present, conducted by secret ballot. In the event such challenges are upheld and a quorum could not thereafter exist, the President of Staff Council shall appoint additional ad hoc members for purpose of the hearing.

3) Procedure When Employee Alleges Discrimination. If the grievance involves the employee's discharge or discipline and the employee has alleged the discharge or discipline was, in whole or in part, due to discrimination relating to race, religion, color, sex (except where sex is a bona fide occupational qualification), sexual orientation, physical or mental disability, national origin, ancestry, age, or citizenship (for U.S. citizens and protected lawfully-admitted aliens), the procedure at Step 3 shall be modified as follows:

a) Within 3 workdays after receipt of the appeal, the President of Staff Council will notify the employee and the appropriate supervisor(s) in writing of a time to meet in the office of the university's Director of Equal Opportunity and Affirmative Action to choose two additional persons to serve with the Staff Council Employee Relations Committee to hear the appeal; the time so designated shall be within 7 workdays after receipt of the appeal. The two additional persons shall be chosen from among the 3 Equal Opportunity and Affirmative Action Complaint Appeals Board Panelists elected by Staff Personnel, pursuant to the university's "Complaint Investigation and Appeal Process." The employee shall choose one person and the appropriate supervisor(s) shall choose one person. If either the employee or the appropriate supervisor(s) fails to appear on or before the designated time to make a selection or otherwise fails to make a selection, the university's Director of Equal Opportunity and Affirmative Action shall make that person's selection.

b) Within 3 workdays after the time designated by the President of Staff Council for the employee and appropriate supervisor(s) to choose the two additional persons, the university's Director of Equal Opportunity and Affirmative Action shall notify the President of Staff Council of the names of the persons chosen. Upon receipt of this notification, the President of Staff Council will notify the employee, the appropriate supervisor(s) and next higher supervisor(s) of the date, time and place the appeal will be heard; the date shall be within 5 workdays after the President of Staff Council receives the notification from the university's Director of Equal Opportunity and Affirmative Action.

c) The 2 additional persons so chosen shall be counted in determining whether a quorum exists and construed in all respects as being members of the Staff Council Employee Relations Committee for purposes of this grievance procedure.

4) Witnesses. The employee, the supervisor(s) and the next higher supervisor(s) may invite such person or persons who have information relevant to the grievance to present testimony at the hearing; provided, however, the Committee may limit the number of witnesses to avoid repetition and cumulative testimony. Each party shall be responsible for insuring the presence of his or her witnesses at the hearing and shall be prohibited from submitting a written statement in lieu of personal testimony of a witness unless a majority of the Committee members determine that such witness is unavailable to testify. All witnesses who testify may be questioned concerning any matter relevant to the grievance by the parties and by any member of the Committee.

5) Attendance at Hearing. In addition to members of the Committee, the employee, the supervisor(s) and the next higher supervisor(s) the following persons and no other are permitted to attend the hearing: the Associate Vice President of Human Resources and Auxiliary Services, the President of Staff Council, other university-affiliated persons whose presence is requested or approved by the Associate Vice President of Human Resources and Auxiliary Services, any person designated by the Committee to record, transcribe or prepare a summary of the evidence presented at the hearing, and the university employee selected to assist the aggrieved employee. In addition, when the grievance involves alleged prohibited discrimination, the university's Director of Equal Opportunity and Affirmative Action shall attend. Witnesses called by either party who are not otherwise entitled to attend the hearing shall be present only while they are testifying. Failure, without good cause, of the aggrieved employee to appear and proceed at the hearing shall result in automatic denial of the appeal and the decision or determination appealed from shall become final.

6) Conduct of Hearing. The hearing shall be conducted in an informal manner and without reference to any technical rules for the admission of evidence, with a view towards providing the Committee with a complete understanding of the circumstances surrounding the decision which is being appealed. Irrelevant, immaterial and unduly repetitious evidence may be excluded. The chairperson of the Committee shall preside at the hearing and shall make all procedural rulings, which rulings may be reversed by a majority vote of the Committee members present.

7) Continuances. The Committee in its sole discretion may continue the hearing to a later time or times, within 48 hours after the starting time of the initial Step 3 hearing. With the approval of the Associate Vice President of Human Resources and Auxiliary Services, the Committee may continue the hearing to a later time or times more than 48 hours after the starting time of the initial Step 3 hearing.

8) Hearing Record. The hearing may, but need not be, tape recorded or transcribed at the discretion of the Committee; however, if a recording or transcription is not made, a summary of the evidence presented at the hearing shall be prepared. The tape, transcript or summary shall be given to the Associate Vice President of Human Resources and Auxiliary Services together with the Committee's findings and recommendation.

9) Determination by Committee. The Committee shall meet in one or more private sessions after the conclusion of the hearing to consider the evidence presented at the hearing and shall determine whether the appeal should be upheld or denied, setting forth in writing its reasons therefore. The Committee's determination shall be based solely on the documents and evidence presented or summarized at the hearing and/or the credibility and demeanor of the parties and witnesses who testified at the hearing or private meetings; provided, however, the Committee members may take official notice of matters which would be within the general experience or knowledge of employees of the university.

10) Additional Rules. Procedural rules not inconsistent with this grievance procedure may be established by the Committee to fulfill its investigative and fact-finding function in an orderly manner.

Within 5 workdays following conclusion of the Step 3 hearing, the Staff Council Employee Relations Committee will give its written findings and recommendations to the Associate Vice President of Human Resources and Auxiliary Services, the employee, the supervisor(s) and next higher supervisor(s). The copy of the findings and recommendations given to the Associate Vice President of Human Resources and Auxiliary Services shall be accompanied by a copy of the written grievance, the Step 1 and Step 2 answers, and any written evidence or documents submitted at the Step 3 hearing.

d. Step 4. Within 14 workdays after receiving the Staff Council Employee Relations Committee findings and recommendations, the Associate Vice President of Human Resources and Auxiliary Services shall review the findings and recommendations and communicate his or her decision to the President of Staff Council, the employee, the supervisor(s) and next higher supervisor(s).

Within 7 calendar days after receipt of the Associate Vice President's decision, the President of Staff Council, the employee, the supervisor(s) and/or the next higher supervisor(s) may request an appointment with the Associate Vice President of Human Resources and Auxiliary Services to discuss the matter. The request shall be submitted in writing to the Associate Vice President and shall set forth such person's objections, if any, to the Associate Vice President's decision and the reasons therefore. At this conference only those persons may attend whom the Associate Vice President invites and only matters that relate directly to the appeal will be discussed. As a result of the conference, the Associate Vice President may: (1) reaffirm his or her original decision; (2) overrule or modify his original decision; or (3) refer the grievance back to the Staff Council Employee Relations Committee for a rehearing to consider relevant and material facts not presented to the Committee at the original hearing; provided, however, that the Associate Vice President may refuse to grant a rehearing if he or she determines that failure to present the facts at the original hearing was the fault of the party requesting reconsideration. If the Associate Vice President decides to refer the grievance back to the Staff Council Employee Relations Committee, that Committee will be reconvened to hear the additional facts. The Committee's findings will be presented to the Associate Vice President who will render a final decision based upon all the information presented at either the original hearing or the rehearing. The Associate Vice President shall communicate his or her decision to the President of Staff Council, the Staff Council Employee Relations Committee, the employee, the supervisor(s), and next higher supervisor(s). The decision reached by the Associate Vice President of Human Resources and Auxiliary Services in this Step 4 is final and binding, unless within seven (7) calendar days after receipt of the Associate Vice President's decision the Staff Council Employee Relations Committee, by majority vote, requests review of the Associate Vice President's decision by the President of the university. Such a request shall be made only in unusual circumstances, shall be filed in writing with the President of the university and shall set forth the objections to the Associate Vice President's decision and the reasons therefore. The President of the university shall thereafter review the Associate Vice President's decision in such a manner as the President of the university, in his or her sole discretion, deems desirable. As a result of this review, the President of the university may: (1) affirm the Associate Vice President's decision; (2) overrule or modify the Associate Vice President's decision; or, (3) refer the grievance back to the Associate Vice President for such action as the President of the university may direct. If the grievance is referred back to the Associate Vice President, the results of the Associate Vice President's action will then be communicated by the Associate Vice President to the President of the university for final decision. When the Staff Council Employee Relations Committee requests review by the President of the university, the decision reached by the President of the university is final and binding.

3. Time Limits. To settle grievances expeditiously, certain time limits have been established in this grievance procedure. When an employee fails to follow any of the time limits, his or her grievance shall be considered settled and he or she may not pursue the procedure further. Failure on the part of a supervisor, next higher supervisor, and the Staff Council Employee Relations Committee, or the Associate Vice President of Human Resources and Auxiliary Services to answer within the time limits established shall not be considered acquiescence in the grievance by the university, but the employee may proceed with his or her appeal to the next step of the procedure, if any, upon expiration of the time limit involved, without waiting for such answer.

            As used in this grievance procedure, a "workday" means Monday, Tuesday, Wednesday,
Thursday and Friday; it does not include Saturday or Sunday.
            Recognized university holidays and declared university closedown days shall not be applied in computing time limits under this grievance procedure.
            All time limits specified in this grievance procedure may be extended only by written agreement of the aggrieved employee and the Associate Vice President of Human Resources and Auxiliary Services, except:

a. If a grievance is not filed within 10 calendar days following the occurrence of the event or circumstances giving rise to the grievance, the Associate Vice President of Human Resources and Auxiliary Services, in his or her sole discretion, where he or she believes a valid excuse exists for such a delay in filing, may permit the grievance to be filed at a later date. Such permission is effective only if given in writing.

b. If a request by the Staff Council Employee Relations Committee for review by the President of the university of a decision of the Associate Vice President of Human Resources and Auxiliary Services is not filed within 7 calendar days after receipt of the Associate Vice President's decision, the President of the university, in his or her sole discretion, may permit the request to be filed at a later date. Such permission is effective only if given in writing.

4. Employee Assistance. At any of the steps in this grievance procedure, an employee may be accompanied and assisted by an advisor of his or her choice who must be an employee of the university and agree to act as the employee's advisor.

5. Action by Designee. Whenever an action may be or is required to be taken under this policy by a supervisor, department head, the President of Staff Council, the Associate Vice President of Human Resources and Auxiliary Services, the Director of Equal Opportunity and Affirmative Action, or the President of the university, the action may be taken by that person's designee.

6. Grievance Forms. Forms for submission of a grievance are available in University Human Resource Services.

3.4.5 Job Duties and Responsibilities
Whenever an employee begins a new position, he or she will receive a job description for his or her position setting forth the essential functions of the position. Generally, the supervisor will explain the employee’s job responsibilities and the performance standards expected of the employee. Job responsibilities may change at any time during employment, and an employee may be asked from time to time to work on special projects or to assist with other work necessary or important to the operation of the unit or the university. The employee’s cooperation and assistance in performing such additional work is expected. The university reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities.

3.4.6 Job Posting Procedure
New and vacant positions may be filled from within the university by promoting qualified employees in accordance with the following job posting procedure:

· Vacancies subject to the job posting procedure will be posted on the Human Resources Voice Information System (HRVIS) and on the Web at www.bsu.edu/hrs/.

· Employees interested in being considered for posted vacancies must submit the appropriate documents as defined in the job posting to University Human Resource Services. Such credentials must be received in UHRS within 4 days (i.e., by 5:00 p.m. Thursdays; 4:00 p.m. during summer hours) of the posting date or by the deadline date published for external applicants.

For detailed information of posted jobs, contact the Human Resources Voice Information System (HRVIS), 285-8565, or visit the Web at www.bsu.edu/hrs/.

3.4.7 Performance Period
            A regular, full-time employee who is transferred or promoted to a different job will be required to satisfactorily complete a performance period of 3 continuous working months.
           The performance period is a "getting acquainted" period which gives the employee an opportunity to decide if the employee is satisfied with the job and gives the university an opportunity to determine whether the employee can perform satisfactorily.   Whether or not the performance period has been completed does not affect the fact that employment at all times is at the mutual consent of the university and the employee. Either may terminate the employment relationship at any time for any reason with or without notice.
            If the performance period is not satisfactorily completed, the employee will be terminated but may bid as an internal candidate on posted jobs for a period of 6 months only.
            The Director of Human Resources may, under unusual and extenuating circumstances, extend the performance period for an employee. With the exception of certain jobs in the Department of Public Safety, under no circumstances can the performance period extend beyond 6 months of the employee’s active service in the new position.

3.4.8 Performance Review
On an annual basis, an employee will have a written review and discussion of his or her performance and job-related behavior conducted by his or her supervisor. At the supervisor's discretion, written reviews may be undertaken more frequently.
Performance reviews are designed to help an employee understand his or her responsibilities and to show how to improve his or her job performance and job-related behavior. The supervisor will explain the review, and the employee will be asked to sign the Employee Performance Appraisal Form. The employee's signature indicates the employee has read and discussed the review but does not indicate that the employee is in agreement. A separate written response to any and all points by the employee may be attached to the Employee Performance Appraisal Form. This form is then filed in University Human Resource Services.

3.4.9 Probationary Period
            A regular, full-time employee is required to complete a probationary period of 3 continuous working months. (For certain jobs in the Department of Public Safety, the probationary period begins on the effective date of employment and ends after completion of 3 continuous months of active employment following the date of successful completion and certification from the Indiana Law Enforcement Academy.) An employee will be referred to as a regular employee upon satisfactory completion of the probationary period.
           The probationary period is a "getting acquainted" period which gives the employee an opportunity to decide if the employee is satisfied with the job and gives the university an opportunity to determine whether the employee can perform satisfactorily. Regardless of status, employment at all times is at the mutual consent of the university and the employee. Either may terminate the employment relationship at any time for any reason with or without notice. If the probationary period is not satisfactorily completed, the employee will be terminated. While in a probationary period, progressive discipline does not apply; and the employee cannot grieve a discipline or discharge action. An employee in a probationary period is not eligible to use any accrued vacation or sick leave benefits. Rehires also must complete a probationary period.
           The Director of Human Resources may, under unusual and extenuating circumstances, extend the probationary period. With the exception of certain jobs in the Department of Public Safety, under no circumstances can the probationary period extend beyond 6 months of active service. An employee may not be required to serve a probationary period when the employee has been employed on a temporary, full-time basis for 3 continuous working months in the same job and is then assigned regular, full-time status in that same job.

3.4.10 Promotion
A promotion is a non-temporary movement to a position in a higher salary grade. The university generally will consider employees for promotions by posting jobs when vacancies occur. A performance period is required of an employee who gains a promotion. When an employee's position is upgraded as the result of a job audit, a performance period is not required. Under the promotion policy, an employee receives an increase in salary in accordance with the Compensation Policy on file in University Human Resource Services.

3.4.11 Reduction in Force for Staff Personnel and Service Personnel (Non-Bargaining Unit) Affiliated with Staff Personnel

Policy:
1. It is the policy of the university to endeavor to provide continuing employment for Staff Personnel and Service Personnel (Non-Bargaining Unit) Affiliated with Staff Personnel employees.

2. Reductions in the workforce which may be necessary for any reason will be accomplished through normal attrition whenever possible.

3. In addition to normal attrition, layoff due to lack of funds, lack of work or reorganization will be utilized as deemed necessary by the university.

4. Eligibility for recall shall apply only to those laid-off employees meeting the requirements stated below.

5. A Staff Personnel or Service Personnel (Non-Bargaining Unit) Affiliated with Staff Personnel employee who is subject to layoff or who has been laid off shall be afforded a reasonable number of interviews for any open positions outside of the employee's work area (or subdivision) at the same or lower levels if University Human Resource Services deems he or she is qualified.

Applies to:
All regular, full-time Staff Personnel and Service Personnel employees not otherwise represented by a university recognized bargaining agent.

Definitions:

1. Layoff. The severance of an employee from the payroll with eligibility for recall. To be eligible for layoff, the employee must satisfy the following requirements:

a. Must be a regular full-time employee.

b. Must have completed the probationary period of service.

c. Must have a satisfactory work record.

2. Termination. The severance of an employee from the payroll without eligibility for recall.

3. Recall. The reinstatement of a laid-off employee to active status within a period which is the lesser of the employee's creditable service before layoff or 2 calendar years. In the event of recall the employee will retain the original service date but will not receive service credits for the period of an extended layoff. Accrued sick leave will be reinstated when the employee returns to work.

4. Length of Service. Continuous service calculated from the most recent date of hire as a regular full-time employee, except for periods in which the employee is in an extended layoff status.

5. Extended layoff. A layoff for a period in excess of 30 consecutive calendar days.

Order of Layoff:
1. Due to the nature of the work performed by Staff Personnel and Service Personnel (Non-Bargaining Unit) Affiliated with Staff Personnel employees, the qualifications of the employee to fulfill the requirements of the work remaining shall be the prime factor in determining who is to be laid-off.

2. Where the qualifications of two or more employees to fulfill the requirements of the work are equal, the university will follow these priorities for reduction in force as much as practicable.

a. Temporary part-time before regular employees.

b. Temporary full-time before regular employees.

c. Employees in a probationary period before regular employees.

d. Employees with a shorter length of service before employees with a longer length of service.

Recall:
Employees who have been laid off from a work area (or subdivision) shall be recalled to available work, if any, in that same work area (or subdivision); employees with the greatest length of service will be recalled first, provided that they have the best qualifications to fulfill the requirements of the work.

Continuation of Insurance Benefits:
Except for salary continuance insurance which terminates on the last day of work, group insurance benefits may be continued for a period of 6 months by employees on layoff status by direct payment of the employee's share of the cost of the benefit programs to the Office of Payroll and Employee Benefits.

Notice of Reduction in Force:
When the university reduces the number of regular, full-time employees for a period in excess of 30 consecutive calendar days, the university will notify the affected regular, full-time employees in writing at least 30 calendar days prior to the effective date of their layoff. If the reduction in force is caused by emergency, government directive or decision or by Acts of God; such as a fire, storm, flood, power or mechanical breakdown, vital work stoppage or other causes of similar unforeseen nature beyond the control of the university, the 30 calendar day notice requirement is not required.

Termination of Layoff Status:
1. An employee on layoff status will lose all recall rights and be terminated upon the occurrence of any of the following:

a. Refusal to report for an interview at a time and place scheduled by the university.

b. Refusal to accept a position offered if the salary offered is equivalent to 80% or more of the employee's salary before layoff.

c. Refusal to return to work at a time specified by the university.

d. Expiration of the recall eligibility period.

2. Layoff status and attendant recall rights are also terminated should the employee accept regular employment with the university outside of the Staff Personnel and Service Personnel (Non-Bargaining Unit) Affiliated with Staff Personnel employee groups. Refer questions to University Human Resource Services.

3.4.12 Resignation
An employee who resigns from the university after the beginning of the month following completion of the probationary period will be paid for accrued and unused vacation through the last day worked by the employee regardless of the effective date of the resignation.

3.4.13 Transfer
A transfer is a non-temporary movement to a position at the same or lower salary grade. A lateral transfer may result in a title change but does not result in a salary grade change. A transfer to a position in a lower salary grade may result in a salary reduction. A performance period is required of an employee who obtains a transfer.