Policy number: 7.30
Policy section: Human Resources
Revised Date: January 2, 2019
1. Policy Statement
Within the constraints of finite financial resources, the University regularly strives to assess and improve upon the educational services it provides to its students and the communities it serves. At times, it may become necessary to adjust staffing levels, qualitatively and quantitatively, to adapt to the ever-changing environment in which we provide our services.
When faced with the need to adjust staffing, the University will analyze the situation and utilize the most appropriate method or methods to ensure it has the right people, in the right jobs, who can further its mission of educational excellence.
Changes in the type and number of staff may stem from:
- Programmatic changes;
- Budget reduction or similar funding changes;
- Changes in job requirements;
- Business process improvements;
- Excess capacity, including redundant roles; or
- Other changes to the University’s business environment.
4. Department Administrative Rules, Procedures, and Guidelines
The Department of Human Resources, under the purview of the Vice President for Business and Finance, has oversight and administrative responsibility for this policy and shall have the authority to promulgate departmental rules, procedures, and guidelines pursuant to this policy. Information regarding reorganization options and processes, separation agreements, and final pay and benefits, is outlined in Appendix A below.
Questions regarding this policy should be directed to the Department of Human Resources at firstname.lastname@example.org.
Appendix A: Reorganization Options and Processes, Separation Agreements, and Final Pay and Benefits
When faced with the need to adjust staffing, the University will analyze the situation and utilize the most appropriate method or methods to ensure it has the right people, in the right jobs, who can further its mission of educational excellence. The methods that may be used, as needed, include:
- Reassignment (e.g., promotion, lateral transfer, or demotion) to open positions
- Elimination of temporary or other contingent employment arrangements
- Single job elimination
- Multiple job eliminations (also known as reduction in force)
- Corrective action, up to and including discharge from employment, for individuals who fall below minimum expectations in job performance, attendance, adherence to standards of conduct, or other measures of suitability for continued employment
- Other methods determined to be best suited to the situation
- Departments contemplating reorganization should contact the Department of Human Resources prior to taking any action, to ensure that the process is carried out fairly and consistent with applicable law and internal policies and procedures. Human Resources will coordinate with the Office of Legal Affairs and the Office of Institutional Access and Equity, when necessary, and will assist the department in selecting the proper reorganization method.
- Reorganizations involving job eliminations must be reviewed by Human Resources before any action is taken. Job eliminations may require compliance with the federal Worker Adjustment Retraining and Notification Act, and the University will comply as necessary.
- Employment actions falling under this reorganization policy cannot be filed as a grievance under University Policy 3.1, Nondiscrimination, Affirmative Action, and Equal Opportunity, or University Policy 7.25 Grievances and Appeals of University Employment Actions.
In a situation involving involuntary discharge from employment that does not involve corrective action or other performance-related issues, the departing employee may be eligible for a severance package in exchange for a release of employment-related claims. The severance package may include severance pay, which is based upon the employee’s completed years of service. The severance package may include other forms of pay or benefits and will be explained in a written separation agreement. The employee will become eligible for the severance package after signing and returning the separation agreement and general release of claims, plus the expiration of any time period during which the separation agreement and general release of claims can be revoked.
Final Pay and Benefits
When employment ends, regardless of the underlying reason, employees are paid through the last day worked and will receive notice of the opportunity to continue health insurance coverage (if any) via COBRA (“Consolidated Omnibus Budget Reconciliation Act”) or purchase alternate coverage as provided by the Affordable Care Act. In some situations, the employee may be eligible to receive a payment for accrued and unused vacation. No employee will receive a payment for accrued and unused paid medical absence leave.
Revised: January 2, 2019
Adopted: January 12, 2015