DIXIE STATE COLLEGE OF UTAH

POLICIES AND PROCEDURES MANUAL


Section: 4-Staff

Policy No: 27
Approved: 6/2/95
Revised: 11/17/00

Policy: TERMINATION AND REDUCTION IN WORKFORCE

4-27 TERMINATION AND REDUCTION IN WORKFORCE

27.1 References

27.1.1 Corrctive and Disciplinary Policy, 4-26

27.1.2 Grievance Procedure, Policy 4-28

27.2 Definitions

27.2.1 Voluntary Termination (Resignation): This form of termination includes formal notice of discontinuance of service, leaving work without approval, failure to report to work for two (2) consecutive work days, or failure to return to work following approved leave (vacation, sick leave, leave without pay, etc.) for two consecutive work days. Resignation constitutes a break in continuous service, regardless of any subsequent reemployment unless specific approval is obtained from the supervising vice president in consultation with the director of Human Resource for reinstatement of previous service time.

27.2.2 Involuntary Termination (Discharge): This form of termination results from a serious or repeated infraction of personnel or safety policy, failure to comply with corrective recommendations which have been brought to the employee's attention or serious misbehavior.

27.2.3 Reduction of Workforce (Layoff): This form of termination is caused by reduction of work force due to lack of funds, work or other compelling reasons.

27.2.4 Full Time Employee: .75 FTE or greater

27.2.5 Staff Employee: Classified and professional/administrative employee who is salaried or full time hourly and without faculty appointment.

27.2.6 Probationary, part time, or temporary employee: An employee who is still in the probationary period or less than .75 FTE and paid on an hourly basis.

27.2.7 Seniority: Refers to the number of years served as a full time employee at Dixie State College in the most recent period of service. Prior periods of employment interrupted by termination of employment will not be considered. Seniority is not restricted to time served within the unit or department.

27.2.8 Organizational Unit: A major subdivision, normally a department. Where two or more departments are being merged into one, organizational unit refers to the combination of departments that will be merged.

27.3 Probationary, part-time, or temporary employees may be terminated at any time with or without cause and without advance notice.

27.4 Terminated employees, whether voluntary or involuntary, forfeit all rights they had as employees and will be treated as a new employee, should they become re-employed by the College.

27.5 Medical, dental, life and disability insurance coverage will end at the end of the last work day of terminated employment. The College complies with the provisions of federal COBRA statutes requiring continuation of benefits at the employee's cost.

27.6 Compensation shall not be paid for unused sick leave.

27.7 Voluntary Termination of Full Time Staff Employees

27.7.1 Employees should provide the Executive Director of Human Resources and their immediate supervisor a letter of resignation at least two weeks prior to the effective date of termination.

27.7.2 An exit interview will be scheduled with the Human Resource Office.

27.7.3 Any unpaid compensation due the employee will be paid with the next scheduled payroll.

27.8 Involuntary Termination of Full time Staff Employees

27.8.1 Employees terminated for cause will receive 10 working days of advance notice. (See the Corrective and Disciplinary Policy, 4-26)

27.8.1.1 Before termination for cause is undertaken, careful analysis of the circumstances will be made by the President, the appropriate vice president and the Human Resource Office.

27.8.1.2 All involuntarily terminated employees will receive a written statement of cause for termination (See Corrective and Disciplinary Action Policy, 4-26).

27.8.2 Employees notified of termination will be notified of the availability of the grievance process (refer to Policy 4-28 Grievance Procedure).

27.9 Reduction of Workforce:

27.9.1 Reduction of Workforce may be due to lack of funds, elimination or reduction of funding from outside agencies, discontinuation of a program, lack of work or other compelling reasons.

27.9.2 Employees may be terminated as a result of a decision to effect a reduction in workforce.

27.9.3 Reduction of Workforce decisions will be made by the supervisor and the appropriate vice president, with final decision made by the President.

27.9.4 Identification of employees to be terminated due to reduction in force will be based first on specific positions within the organizational unit.

27.9.4.1 After positions are identified within the organizational unit for elimination, when there are more than one incumbent holding such a position, the termination decision will be based upon employees' seniority.

27.9.4.1.1 Part-time, temporary or probationary employees within the organizational unit and performing essentially the same duties will be terminated before full-time employees regardless of seniority.

27.9.5 Employees terminated as a result of reduction in workforce are not allowed to "bump" other employees in the same organizational unit in positions of different duties or employees in other organizational units with less seniority. Transfer to a vacant position elsewhere on campus should be favorably considered by the supervising vice president.

27.9.6 If the position from which a full-time employee was released becomes available within six months, that employee will be a prime candidate for rehire.

27.9.6.1 Recall does not apply to part-time, temporary or probationary employees.

27.9.6.2 Recalled employees, if reinstated within six months, will retain prior service credit.

27.9.6.3 Application and subsequent selection for a position in another department on campus is not considered recall, but securing another position at Dixie State College within six months of layoff will allow the employee to retain prior service credit.

27.9.7 Employees terminated due to reduction of workforce will, where possible, be notified, in writing, at least two calendar weeks before the effective date of the termination.

27.9.7.1 If advance notice is not given, or is given for a shorter period than two weeks, severance pay will be given in lieu of notice at the regular pay rate.

27.10 Death of a Full Time Staff employee

27.10.1 In the event of death, the legal heir(s) will be entitled to the following:

27.10.1.1 Any unpaid compensation due the employee will be paid to the beneficiary. Compensation will continue for two pay periods following the death of the employee.

27.10.1.2 Any earned, but unused, vacation time pay due to the employee.

27.10.1.3 Any pertinent benefits due to the employee as a result of participation in the College benefits program.

27.10.1.4 The spouse and dependents of the deceased continue eligibility for the College tuition waiver.

27.10.1.5 The spouse and dependents are eligible for the COBRA medical and dental insurance for up to 36 months, at their own expense, subject to Federal law.