Chapter 3352-5 Personnel Policies

3352-5-01 Employee categories.

(A) Academic employees are those individuals holding one of the following academic titles:

(1) Regular faculty, fully affiliated. University professor, professor, associate professor, assistant professor, senior instructor, instructor, and lecturer are university professorships established and defined by the Wright state university board of trustees. Other faculty ranks are described in rule 3352-2-02 of the Administrative Code. A regular faculty member may also hold an administrative title, such as vice president, dean, or chair. The rank of senior instructor is available only at the Wright state university lake campus.

(2) Special faculty, partially affiliated.

(a) Adjunct professor, adjunct associate professor, adjunct assistant professor, and adjunct instructor are persons who meet the qualifications of rank as defined in rule 3352-2-02 of the Administrative Code, but whose major commitment is to an obligation either outside the university or outside the department in which he/she will teach. No continuing commitment is implied.

(b) Visiting professor, visiting associate professor, and visiting assistant professor are members of the faculty holding equivalent rank at another school who are appointed full time for two years or less.

(c) Faculty associate in an academic unit is a member of the teaching staff, usually a specialist, who does not meet the qualifications of an instructor and who may be part time or full time. A faculty associate is not normally a degree candidate or student.

(d) Graduate teaching associate is an advanced graduate student who has a master's degree or equivalent and who usually is a doctoral candidate involved with instruction or other professional service.

(e) Graduate teaching assistant is a graduate student who has a bachelor's degree or equivalent and who is involved with teaching or other professional service.

(3) Research employees.

(a) Research technician one. One year of college or high school and one year of experience is required.

(b) Research technician two. An advanced two-year specialized degree/education or the equivalent or high school and four years related experience or an equivalent combination of both is required.

(c) Research assistant one, biological sciences. A bachelor's degree in a biological/health science or an equivalent combination of education and experience is required, such as two years of college and two years of directly related experience.

(d) Research assistant one, social sciences/liberal arts. A bachelor's degree in a social science or a combination of education and experience is required, such as two years of college and two years of related experience or other equivalent combination.

(e) Research assistant one, physical sciences. A bachelor's degree in a physical science or a combination of education and experience is required, such as two years of college and two years of related experience or other equivalent combination.

(f) Research assistant one, engineering/medicine. A bachelor's degree in engineering or health science or an equivalent combination or education and experience is required, such as two years of college and two years of directly related experience.

(g) Research assistant two, biological sciences. A bachelor's degree in a biological science is required; a master's degree is desirable; experience in a research capacity is required.

(h) Research assistant two, social sciences/liberal arts. A bachelor's degree in an appropriate social science, humanity, or liberal arts is required; a master's degree is desirable. An ability to translate, adapt, and apply academic or practical knowledge in the conduct of research is required; and, experience in a research capacity is also required.

(i) Research assistant two, physical sciences. A bachelor's degree in an appropriate physical science is required; a master's degree is desirable. An ability to translate, adapt, and apply academic and/or practical knowledge to the conduct of physical science research is required; and, experience in a physical science research capacity is desirable.

(j) Research assistant two, engineering/medicine. A bachelor's degree in engineering or health science is required; a master's degree is desirable; and, experience in a research capacity is required.

(k) Research associate one, biological sciences. A master's degree in an appropriate discipline or an equivalent combination of education and experience is required; a doctoral degree is desirable. An ability to translate, adapt, and apply academic and/or practical knowledge to the conduct of biological research is required; and, experience in a biological/health science research capacity is preferred.

(l) Research associate one, social sciences/liberal arts. A master's degree in an appropriate social science or an equivalent combination of education and experience is required; a doctoral degree is desirable. An ability to translate, adapt, and apply academic and/or practical knowledge to the conduct of social science research is required; and, experience in a social science research capacity is preferred.

(m) Research associate one, physical sciences. A master's degree in an appropriate physical science or an equivalent combination of education and experience is required; a doctoral degree is desirable. An ability to translate, adapt, and apply academic and/or practical knowledge to the conduct of social science research is required; and, experience in a physical science research capacity is preferred (n) Research associate one, engineering/medicine. A master's degree in engineering, health science, or biology or an equivalent combination of education and experience is required; a doctoral degree is desirable. An ability to translate, adapt, and apply academic and/or practical knowledge to the conduct of research is required; and, experience in a research capacity is preferred.

(o) Research associate two, physical sciences/biological sciences/social sciences/liberal arts. A master's degree in an appropriate field is required; a doctoral degree is preferred; and, considerable experience in a research capacity field discipline is also required.

(p) Research associate two, engineering/medicine. A master's degree in engineering or an appropriate science is required; a doctoral degree is preferred; and, considerable experience in an engineering or medical research capacity is required.

(q) Senior research associate, physical sciences/biological sciences/social sciences/liberal arts. A doctoral degree in an appropriate science or an equivalent combination of education and experience is required, and extensive experience in a research capacity is also required. Experience in a progressively responsible administrative capacity is preferred.

(r) Senior research associate, engineering/medicine. A Ph.D. or M.D. degree in an appropriate field, extensive experience in a professional area (research, development, evaluation, instrumentation), considerable experience in a research and development setting (that is, planning and conducting research and development projects/programs in terms of technical and managerial functions), and experience in development in an area of specialization or an equivalent combination of education and experience on master of science/master of arts and extensive equivalent experience is required.

(s) Postdoctoral research associate. A doctoral degree in specialized field of study is required.

(t) Research scientist. A doctoral degree in an appropriate field or an equivalent combination of education and experience is required. At this level, the researcher has a demonstrated ability as a competent and productive worker. The incumbent may have authored several publications of considerable interest and value to the field.

(4) School of medicine (tenure is not available in the school of medicine).

(a) Regular faculty, fully affiliated. Professor, associate professor, assistant professor, and instructor are university professorships in the school of medicine having the same definition as in paragraph (A)(1) of this rule and as defined in the bylaws of the school of medicine.

(b) Special faculty, fully affiliated.

(i) Fellow instructor is a fully affiliated fellow who is a graduate of an accredited residency or graduate degree program.

(ii) Resident instructor is a fully affiliated resident in the last year of residency.

(iii) Junior resident instructor is a fully affiliated resident prior to the terminal year.

(c) Voluntary faculty, partially affiliated, basic department/program. Adjunct professor, adjunct associate professor, adjunct assistant professor, and adjunct instructor are partially affiliated members of the basic science faculty who receive no remuneration from the school of medicine.

(d) Voluntary faculty, partially affiliated, clinical department.

(i) Clinical professor, associate clinical professor, assistant clinical professor, and clinical instructor are partially affiliated members of the clinical science faculty who receive no remuneration from the school of medicine.

(ii) Clinical professor emeritus is a partially affiliated member of the clinical science faculty who has retired from active faculty status and who has made outstanding and consistent contributions to the school of medicine.

(e) Voluntary special faculty, partially affiliated, clinical department.

(i) Fellow clinical instructor is a partially affiliated fellow who is a graduate of an accredited residency program.

(ii) Resident clinical instructor is a partially affiliated resident in the last year of residency.

(iii) Junior resident clinical instructor is a partially affiliated resident prior to the terminal year.

(f) Visiting faculty. Visiting faculty, visiting associate professor, visiting assistant professor, and visiting instructor are titles conferred by the dean of the school of medicine for those giving a short period of service.

(g) Professional associate. Titles used as described in paragraph (A)(2) of this rule. An adjunct or clinical modifier will be used if a partially affiliated member is appointed to a basic science or clinical science faculty respectively.

(h) Research employees. Titles used as described in paragraph (A)(3) of this rule.

(5) School of professional psychology (tenure is not available in the school of professional psychology).

(a) Regular faculty, fully affiliated. Professor, associate professor, assistant professor, and instructor are university professorships in the school of professional psychology having the same definition as in paragraph (A)(1) of this rule.

(b) Special faculty.

(i) Resident in professional psychology is the title for postdoctoral residents.

(ii) Clinical professor, clinical associate professor, clinical assistant professor, and clinical instructor are partially affiliated members who receive no salary but who may perform clinical teaching or supervision.

(iii) Visiting professor, visiting associate professor, visiting assistant professor, and visiting instructor are individuals who are giving a short period of service to the school of professional psychology or are university professors in the school of professional psychology having the same definition as in paragraph (A)(2)(b) of this rule. The title is conferred by the dean of the school of professional psychology.

(iv) Adjunct professor, adjunct associate professor, adjunct assistant professor, and adjunct instructor are titles for use in special situations for individuals holding adjunct appointments in other units of the university as their primary affiliation. This title does not imply a full-time commitment.

(v) Adjunct clinical professor, adjunct clinical associate professor, adjunct clinical assistant professor, and adjunct clinical instructor are partially affiliated members who may perform clinical or didactic teaching, or clinical supervision, for pay with a limited service contract. This title does not imply a full-time commitment.

(6) Other.

(a) Academic Advisor. A person who is an advisor to a group of students, with such duties as assisting students with academic problems, advising about courses and professional fields, and conducting orientation of new students. There also can be other assigned responsibilities or certain areas such as liaison with other university divisions or organizations.

(b) Counselor. A person responsible for providing group and individual personal, academic, financial, and vocational guidance in an effort to assist the student in his/her attempt to resolve problems.

(c) Records Analyst. A person who analyzes student records for certification, validation, and advising in the office of a dean or the registrar.

(B) Individuals with academic titles, without employment commitments.

(1) Teaching fellow. A graduate student who is the recipient of a fellowship from extramural sources which permits limited teaching.

(2) Fellow. A graduate student who is the recipient of a fellowship from either internal or external sources.

(3) Postdoctoral fellow. The holder of a doctorate who is awarded a fellowship which supports further research or specialized teaching or both, and whose duties and status are defined at the time of appointment.

(C) Administrative, academic, and nonacademic employees.

(1) Faculty and non-faculty personnel. Personnel who are unclassified pursuant to section 124.11 of the Ohio Revised Code, holding one of the following titles by administrative appointment.

(a) Administrative, nonacademic.

(i) President. The chief executive officer of the university.

(ii) Senior vice president. Self-explanatory title.

(iii) Treasurer. The chief financial officer of the university. This person may hold the dual appointment of treasurer of the university and treasurer of the board of trustees.

(iv) Vice president. The chief executive officer in a major functional or service area. This title can be coupled with another title.

(v) Executive assistant. The principal assistant to a chief administrative officer. This person can have some specified line responsibility.

(vi) Assistant to the president. A person who assists the president.

(b) Administrative, academic.

(i) Dean. The chief academic officer of a college or academic division of the university or the head of a major student related function.

(ii) Chair. The head of an academic department in a college of the university.

(c) Administrative, nonacademic or academic.

(i) Executive director. A person who has decision-making authority for more than one nonacademic department.

(ii) Director. A person who is the chief executive of a nonacademic department or an academic subunit or program.

(iii) Associate. A person who holds the position on a permanent basis, who reports to a dean, a director, or other executive, and who is empowered to act in the absence of his/her immediate superior.

(iv) Assistant. A person who assists a university officer, director, manager, dean, or other supervisor with a particular area of specialization but who is not ordinarily empowered to act on behalf of his/her immediate superior beyond that area. He/she can be second in command of a designated function.

(v) Special assistant. A person who holds a temporary appointment for a specific purpose.

(vi) Assistant to. An employee performing broad administrative work in a staff capacity, reporting to a university officer, dean, or department director, chair, or equivalent.

(vii) Administrative assistant. A person performing specialized administrative staff work in the immediate office and reporting to a university officer, dean, or equivalent; generally responsible for the efficient and effective performance of the office and exercising supervision over clerical or other employees in the same office.

(viii) Manager. A person with managerial decision-making responsibility for a particular function within a department, not necessarily with supervisory authority.

(ix) Self-explanatory titles. A person with a title which matches the job specifically.

(x) Coordinator. An employee who coordinates the function of several similar departments but who has no final decision-making authority.

(xi) Staff assistant. An employee performing specialized staff work, reporting to a director, chair, or equivalent and exercising no line authority beyond supervision over clerical employees.

(2) Classified personnel. Persons who are classified civil servants pursuant to section 124.11 of the Ohio Revised Code.

(3) Student employees. Students who obtain their positions through the financial aid office of the student employment office and are paid in accordance with Wright state university administrative memorandum 72-18.

Replaces: 3352.5.01

Effective: 5/1/1992
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 5/1/92

3352-5-02 Nepotism.

(A) Relationship by family or marriage shall constitute neither an advantage nor a deterrent to appointment by the university provided the individual meets and fulfills the appropriate university appointment standards. Normally, no individual shall be assigned a department or unit under the direct supervision of a relative who has or may have direct effect on the individual's progress or performance.

(B) Under paragraph (A) of this rule, the following definitions are applicable:

(1) Family relationship includes father, mother, husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrothers, stepsister, half-brother, or half-sister.

(2) Supervision is generally defined as the authority to oversee another person during the execution of performance of the latter person's duties and responsibilities. Supervision also includes the authority of an employee to schedule, assign, evaluate, commend, reward, promote, relieve, discipline, censure, demote, remove another employee, or substantially influence such action for or against another employee.

Replaces: 3352.5.02

Effective: 2/1/1991
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91

3352-5-03 Leaves of absence.

(A) Family and medical leave.

(1) Effective August 5, 1993, all faculty, unclassified staff, classified staff, and junior resident instructors are eligible for family and medical leave.

(2) Family and medical leave may be used for:

(a) The care of the employee's child in the year after birth, adoption, or placement for foster care.

(b) An employee's serious health condition that makes the employee unable to perform his/her usual duties.

(c) The care of one of the following family members who has a serious health condition: spouse, child, parent or legal guardian or person who stands in the place of the parent, parent-in-law, grandparent, grandchild, brother, brother-in-law, sister, sister-in-law, or registered domestic partner.

(3) A serious health condition is defined as one which involves inpatient care in a hospital, hospice, or residential medical care facility or one which involves continuing treatment by a health care provider or one which makes an individual unable to perform his/her usual duties or attend classes, and so forth, for more than three days.

(4) Provisions of family and medical leave.

(a) Family and medical leave is provided for the employee for up to a maximum of twelve weeks for all leaves as described in paragraph (A)(2) of this rule in a twelve-month period. When both the employee and the employee's spouse are both employed by the university, each employee is eligible for a twelve-week leave period.

(b) The amount of family and medical leave for which the employee may be approved cannot exceed that for which the employee would normally be scheduled to work in a twelve-week period, that is, the employee who is scheduled to work thirty-two hours per week is eligible for leave up to three hundred eighty-four hours.

(c) The twelve-month period during which the employee may use up to twelve weeks of leave begins on the first day of the leave and extends through twelve months. Family leave for the birth, adoption, or placement for foster care of a child can be used at any time within the twelve months after the birth, adoption, or placement but must be completed within twelve months of the date of the birth, adoption, or placement.

(d) Family and medical leave may be used on a continuous basis, or as a reduced work schedule. A request for a continuous leave which is supported by the appropriate documentation will be approved. A request with appropriate documentation for an intermittent leave, that is, in separate blocks of time, or a reduced work schedule, that is, a reduction in the number of hours worked each week, when medically necessary for the serious health condition of the employee or the employee's family members will be approved. A request for an intermittent leave or a reduced work schedule in the year following the birth, adoption, or placement for foster care of a child may be, but is not required to be, approved by the university.

(e) Family and medical leave is unpaid leave unless the employee has accrued sick leave and/or vacation hours which he/she is eligible to use for the purpose of the leave. Such sick leave and/or vacation hours must be used on a continuous basis at the beginning of a family and medical leave.

(5) Continuation of benefits.

(a) During a family and medical leave, the employee who has medical and dental coverages and/or health care flexible spending account coverage is eligible to continue the coverages.

(b) During the period of an unpaid family and medical leave, the employee is entitled to continue other employee benefits such as term life insurance and long-term disability coverage. To continue term life insurance and long-term disability coverage, the employee must pay to the university the premiums for such coverages.

(c) During the period of an unpaid family and medical leave, the employee will not accrue sick leave or vacation hours or receive holiday pay.

(6) Return to work at the end of family and medical leave.

(a) The employee is guaranteed to be reinstated to the same or equivalent position at the university at the end of a family and medical leave.

(b) When the employee who has elected not to continue one or more of medical and dental insurance, health care flexible spending benefits, term life insurance and accidental death and dismemberment coverage, and long-term disability coverage during a family and medical leave returns to work after the leave, those benefits will be restored to the level of coverage available at the time the leave began.

(7) Application for family and medical leave.

(a) Approval of a request for family and medical leave is made by the department of human resources following submission of a family and medical leave request form through the employee's supervisor or designee. When a request for family and medical leave is for a serious health condition of the employee or another eligible family member, the family and medical leave request form must be accompanied by a completed certification of physician or practitioner for leave under the family and medical leave act of nineteen ninety-three form. The employee is required to provide thirty days of advance notice when a leave is foreseeable. The employee also may be required to provide a second or third medical opinion (at the university's expense) to confirm the need for a leave. When the employee returns from the approved family and medical leave due to a serious health condition, the employee may be required to submit to a fitness for duty examination.

(b) Copies of the family and medical leave request form, the certification of physician or practitioner for leave under the family and medical leave act of nineteen ninety-three are available from the department of human resources.

(B) Unpaid disability leave.

(1) A disability leave is defined as an unpaid leave granted or required by the university for medical reasons after the employee has exhausted all accrued sick leave. The employee may also exhaust all vacation leave before going on unpaid disability leave, if the employee so desires.

(2) A maternity leave is a disability leave and is subject to the same rules that govern all other disability leaves.

(3) A disability leave may be granted for periods of up to six months and may be extended by increments of up to six months to a total of one year.

(4) During a period of disability leave, the university shall not pay salary or wages or contribute toward retirement benefits or provide for the accumulation of sick leave or vacation leave.

(5) An employee on unpaid disability leave may continue medical and dental coverages and/or health care flexible spending benefits by making employee premium contributions to the university. In addition, the employee may pay to the university the premium for term life insurance and long-term disability coverage.

(6) Disability leave is granted by the appointing authority contingent upon a written statement from the employee's attending physician or the university's physician who has determined that the employee is disabled and prevented from performing his/her usual duties. The employee's accumulated sick leave shall be exhausted before disability leave is approved. At the employee's discretion, vacation leave also may be exhausted before the beginning of an unpaid disability leave. The employee may not be paid for vacation hours during an unpaid disability leave. If the employee is hospitalized or institutionalized upon expiration of accumulated sick leave, the disability leave may be given without examination.

(7) When a supervisor has reason to believe that the employee is unable to fulfill his/her usual duties by reason of disability, the supervisor may make a request to the appointing authority that the employee undergo a physical examination at the expense of the university. If the physical examination verifies the inability of the employee to fulfill his/her usual and customary responsibilities, the university will place the employee on disability leave upon exhaustion of all accrued sick leave. The employee may also exhaust all vacation leave before going on unpaid disability leave, if the employee so desires.

(8) The university may require that the employee on an approved disability leave undergo periodic physical examinations at the expense of the university to determine the employee's fitness to return to his/her usual duties or to remain on disability leave.

(9) The employee may return to work only by submission of a certificate from the attending physician verifying that the employee is physically able to resume his/her usual duties.

(C) Personal and educational leaves.

(1) Leave without pay may be granted for personal or educational reasons to faculty, unclassified staff, or classified staff.

(a) Personal leave. Leave without pay may be granted for personal reasons for a maximum duration of six months and may not be renewed or extended.

(b) Educational leave. Leave without pay may be granted for purposes of education for a period of up to six months and may be extended by six-month increments up to a period of two years.

(2) During a personal or educational leave, the university shall not pay salary or wages or contribute to insurance or retirement benefits or provide for the accumulation of sick leave or vacation leave. However, an employee on a personal or educational leave may continue insurance benefits and flexible spending account coverages by paying to the university the premium for those coverages.

(3) Request for personal or educational leave, stating the reason and dates or which the leave is being requested, shall be in writing and shall be submitted to the employee's supervisor. The supervisor will forward the request with his/her recommendation to the appropriate authority for approval.

(4) A personal or educational leave for faculty and unclassified staff must be approved by the president or his/her designated representative. The appointing authority may grant such a leave of absence to classified staff.

(D) Professional development leave. Professional development leaves with pay may be granted to faculty and salaried unclassified staff for planned programs of education, research, study, creative activity, or other undertakings of benefit to the individual and the university. A professional leave may not be used to work toward a degree.

(E) Court leave.

(1) Court leave with full pay shall be granted to any employee who:

(a) Is summoned for jury duty by any court of competent jurisdiction; or,

(b) Is subpoenaed to appear before any court, commission, board, or other legally constituted body authorized by law to compel the attendance of witnesses, where the employee is not a party to the action.

(2) Any compensation or reimbursement for jury duty or for court attendance compelled by subpoena, when such duty is performed during the employee's normal working hours, is permitted to be kept by the employee and is not to be remitted to Wright state university.

(3) Any employee who is appearing before a court or other legally constituted body in which he/she is a party may be granted vacation time or leave of absence without pay.

(4) The employee who is the appellant in any action before the state personnel board of review and is in active pay status at the time of a scheduled hearing before the board shall be granted court leave with full pay for purposes of attending the hearing.

(F) Military leave.

(1) Military leave with pay.

(a) The employee who is a member of the Ohio national guard, the Ohio military reserve, or a reserve component of the United States armed forces is eligible for a leave of absence with pay or field training or active duty not to exceed thirty-one calendar days per calendar year. The employee shall submit to his/her director or department chair a copy of the orders or other written proof as evidence of the call to duty. The maximum number of hours for which payment may be made in any one calendar year is one hundred seventy-six hours.

(b) When the period of military service is less than thirty-one days, the employee must report to the university not later than the beginning of the first full regularly scheduled work period, after period allowing for safe transportation from place of service to residence.

(2) Military leave without pay.

(a) The employee who has held a position for at least ninety days shall be granted an unpaid leave of absence to be inducted into or to enter military service. The employee shall give advance written or verbal notice to his/her director or department chair of the absence for military service, unless giving of such notice is precluded by military necessity or is otherwise impossible or unreasonable.

(b) The employee who leaves a job for military service is entitled to return to a job of similar seniority, status, and pay, regardless of the timing, frequency, duration, or nature of services, provided the service limitations and notice requirements as described in paragraphs (F)(2)(d) to (F)(2)(g) of this rule are met.

(c) If the period of military service was more than thirty days but less than one hundred eighty-one days, the employee must apply for reemployment not later than fourteen days after military service is completed, or the next full calendar day when such application becomes possible.

(d) If the period of military service was greater than one hundred eighty days, the employee must apply for reemployment not later than ninety days after service is completed.

(e) If it is impossible or unreasonable for the employee to apply for reinstatement within the prescribed period through no fault of the employee, he/she is allowed to report as soon as possible following the period. This situation will not cause the employee to forfeit his/her reemployment rights, but does subject the employee to the rules of conduct, established policy, and general practices of the university pertaining to explanations and discipline with respect to absence from the scheduled work.

(f) Five years shall be the cumulative amount of military service allowed for military leave without pay. Basically, most types of service are counted toward this limit. Exceptions include active duty during a war or declared national emergency or active duty in support of a critical mission.

(g) During reemployment following a military leave without pay, protection against discharge without cause shall be one year of protection if the period of service was more than one hundred eighty days; six months of protection if the period of service was between thirty days and one hundred eight-one days; and, not protected period if the period of service was less than thirty-one days.

(G) Return from leave of absence (other than family and medical leave).

(1) Upon completion of a leave of absence, the employee shall be returned to his/her position or a similar position. The employee may be returned to active pay status prior to the originally scheduled expiration of the leave at a date mutually acceptable to the employee and the university. Classified staff may return prior to the previously scheduled date by submitting a written notification to the department of human resources thirty days prior to the intended early return.

(2) The employee who fails to return to his/her usual duties following the expiration of an approved leave may be terminated from employment at the university.

Effective: 8/10/2018
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 08/30/1991, 11/19/1993, 09/30/2001

3352-5-04 Vacation.

(A) Eligibility and accrual rates. Based upon the authorization of the Wright state university board of trustees and sections 124.13 and 124.131 of the Ohio revised code, the Wright state university employees categories listed in paragraphs (A)(1) to (A)(4) of this rule are entitled to accrue and use vacation time in the prescribed manner. The intent of this benefit is to provide employees with sufficient time each year for rest and relaxation.

(1) Fiscal faculty and unclassified staff (exempt and non-exempt) who are appointed on one hundred per cent full-time-equivalency contracts, earn twenty-two work days of vacation per year accumulated at the rate of fourteen and sixty-seven hundredths hours per pay period, up to a maximum of three hundred fifty-two hours. At twenty-five years of service, fiscal faculty and salaried unclassified staff earn twenty-five work days of vacation per year, accumulated at the rate of sixteen and sixty-seven hundredths hours per pay period, up to a maximum of three hundred fifty-two hours.

(a) Length of service is defined as service at Wright state university, plus any previous service time with the state of Ohio or any political subdivision of the state, provided the employee presents an official letter documenting the start date, end date, and full-time-equivalency status of the previous state service is presented human services at the time of hire.

(b) Fiscal faculty and salaried unclassified staff appointed to work at least fifty-one per cent over a twelve-month period earn vacation on a prorated basis of the above schedule.

(c) Vacation accruals for fiscal faculty and unclassified staff shall be automatically computed and added to the accrued balance on a each pay period. On June thirtieth of each year, all excess balances shall be reduced to three hundred fifty-two hours (forty-four days) or the amount that could have been earned and accrued in two years, whichever is less.

(d) Fiscal faculty and salaried unclassified staff who are employed for a partial month either at the beginning or termination of employment or who work a partial month because of unpaid leave status will accrue vacation prorated on the basis of actual days worked during that month.

(2) Academic year faculty do not earn vacation and are not authorized to take vacation during the teaching term.

(3) Special contract fiscal faculty and special contract unclassified staff may accrue vacation at the prescribed rate. However, this vacation is for use only and cannot be paid on separation. Personnel in these categories are encouraged to use all accrued vacation before termination of the contract.

(4) Classified non-exempt staff appointed to work on an annualized forty hours per week (one hundred per cent full-time-equivalency) basis earn vacation as described in paragraphs (A)(4)(b) to (A)(4)(f) of this rule.

(a) Length of service is defined as service time at Wright state university, plus any previous service time with the state of Ohio or any political subdivision of the state, provided the employee presents an official letter documenting the start date, end date, and full-time-equivalency status of the previous state service is presented to the department of human services.

(b) Zero to seven years of service: eighty hours (ten days) annual vacation; three and one-tenth hours accrual rate per pay period; two hundred forty hours maximum accrual.

(c) Eight to fourteen years of service: one hundred twenty hours (fifteen days) annual vacation; four and six-tenths hours accrual rate per pay period; three hundred sixty hours maximum accrual.

(d) Fifteen to twenty-four years of service: one hundred sixty hours (twenty days) annual vacation; six and two-tenths hours accrual rate per pay period; four hundred eighty hours maximum accrual.

(e) Twenty-five or more years of service: two hundred hours (twenty-five days) annual vacation; seven and seven-tenths hours accrual rate per pay period; six hundred hours maximum accrual.

(f) Hourly paid staff appointed to work at least one thousand forty-five hours in a twelve-month period (at least fifty-one per cent full-time-equivalency) earn vacation on a prorated basis.

(g) Vacation accruals for classified non-exempt staff shall be automatically computed and added to the accrued balance on a pay period basis.

(h) Employees covered by collective bargaining agreements should refer to their individual collective bargaining agreements for vacation accrual and usage provisions.

(i) Days designated as holidays shall not be charged to vacation leave.

(B) Authorizations and records.

(1) Supervisors, directors, and department chairs are required to direct all personnel reporting to them to complete an on-line leave report. Granting approval for vacation is subject to administrative discretion. The process for completing an on-line leave report is available on the human resources website at www.wright.edu/hr .

(2) Records of vacation usage for fiscal faculty and unclassified exempt staff are to be recorded, and reported monthly through employee self-service leave reporting .

Approved vacation usage for fiscal faculty and unclassified exempt staff is deducted from the prior balance automatically once approved . The resulting balance will be available for viewing in WINGS express.

(3) Vacation leave accrual is not credited to the employee or available for use until after the pay period in which it is earned has been completed. An employee who uses vacation leave within the pay period it is earned and before it is credited to the employee will not be paid for the vacation hour(s) used.

(C) Payment for unused vacation.

(1) When a fiscal faculty or unclassified staff member terminates employment with the university, human resources reviews the vacation balances to determine any cash payment to be made to the terminating employee.

Upon termination, one hundred per cent full-time-equivalency fiscal faculty and salaried unclassified staff shall be paid for all earned but unused vacation hours up to the maximum accrual permitted based on length of service. The maximum cash payment for those terminating employees who worked less than one hundred per cent full-time-equivalency is determined on a prorated basis and cannot exceed that amount of vacation time that could have been earned in a two-year period.

(2) Special contract staff (fiscal faculty and unclassified) shall receive no payment for unused vacation upon separation. All accrued vacation should be used during the contract period at times mutually agreed upon by the employee and the supervisor.

(3) Upon termination and completion of one year of service classified non-exempt staff employed at least one thousand forty-five hours in a twelve-month period (more than fifty per cent full-time-equivalency) shall be paid for all unused vacation up the maximum accrual permitted based on length of service.

(4) Changes to continuing employment or FTE will warrant payout of existing vacation balances in these circumstances:

(a) A fiscal faculty member who changes to an academic appointment;

(b) A classified employee who accepts an unclassified appointment will receive a vacation payout if the employee's vacation balance as a classified employee exceeds the maximum vacation accrual for the unclassified appointment. The vacation payout will be the sum of the difference between the employee's current vacation balance as a classified employee and the maximum accrual as an unclassified employee. The employee's available balance will be reduced to the maximum unclassified accrual, and the employee will receive a payout at the classified salary rate for all hours reduced;

(c) A reduction of FTE to less than fifty-one per cent;

(d) A change from continuing employment to special contract.

Effective: 8/10/2018
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 02/01/1991, 07/31/1992, 06/28/1993, 06/28/2002

3352-5-05 Sick leave.

(A) Eligibility and accrual rates.

(1) Fiscal faculty, academic faculty, and unclassified exempt staff, who are appointed on one hundred per cent full-time-equivalency contracts, earn ten hours (one and twenty-five hundredths days) of sick leave per month of employment. Fiscal and academic faculty and unclassified exempt staff who are employed for a partial month either at the beginning or termination of employment or who work a partial month because of unpaid leave status will accrue sick leave prorated on the basis of actual days worked during that month.

(2) Classified non-exempt staff earn four and six tenths hours of sick leave for every eighty hours in active pay status.

(3) There is no limit to the amount of sick leave an employee may accrue.

(4) Sick leave accrual is not credited to the employee or available for use until after the pay period in which it is earned has been completed. An employee who wishes to use sick leave during a given pay period, but has not earned that sick leave until the end of that pay period, will not be paid for sick leave hours taken and may be considered to be in an unauthorized, unpaid leave status. Employees in unauthorized, unpaid leave status will be considered to have abandoned their job and be subject to progressive disciplinary action up to and including termination.

(B) Legitimate uses of sick leave.

(1) Sick leave may not be approved or used instead of vacation leave. Sick leave may be requested and granted only for the reasons listed in paragraphs (B)(1)(a) to (B)(1)(d) of this rule.

(a) Illness/injury of the employee or a member of the employee's immediate family that requires the attendance of the employee. The university may require a physician's statement certifying that the employee's attendance is/was required. The immediate family normally includes spouse, grandparents, father, father-in-law, mother, mother-in-law, child, daughter-in-law, son-in-law, brother, brother-in-law, sister, sister-in-law, grandchild, a legal guardian or person who stands in place of the parent, and a registered domestic partner. A domestic partnership is defined as a committed relationship between two adults, regardless of gender, who are domiciled together. A signed affidavit describing the characteristics of a domestic relationship must be on file in the department of human resources prior to use of sick leave.

(b) Exposure of the employee to a contagious disease which could be communicated to and jeopardize the health of other employees. Such a request for sick leave must be reported to the leave and disability coordinator in the department of human resources for approval. This notice must include proof of both exposure and potential contagion.

(c) Medical, psychological, dental, or optical examination of the employee or a member of the employee's immediate family that requires the attendance of the employee. When the appointment requires the attendance or the full day absence of the employee, the university may require proof of the required attendance of the employee, or the full day absence. Employees must communicate with their supervisors to schedule planned medical appointments in a manner that inimizes departmental disruption due to the absence.

(d) Death of a member of the employee's immediate family. Paid absence is limited to five days. Supervisors may require reasonable proof to justify the sue of sick leave for the purpose of bereavement.

(2) Sick leave with pay may be requested and approved only for leave already earned. Except for qualifying Family and Medical Leave Act (FMLA) absences, employees may not be in an unauthorized unpaid leave status. Employees in unauthorized, unpaid leave status will be considered to have abandoned their job and will be subject to progressive disciplinary action up to and including termination.

(3) Sick leave payment may not exceed scheduled earnings and may only be charged for days the employee is normally scheduled to work.

(C) Authorization

(1) Use of sick leave for all university employees must be approved by the employee's supervisor or the supervisor's official designee after submission of a sick leave/vacation request form available online at www.wright.edu/hr. When necessary, other appropriate and required documentation as stipulated by university policy may accompany the form.

(2) When an employee has prior knowledge of the necessity to use sick leave, he/she should complete a leave request form available online at www.wright.edu/hrand present it to his/her supervisor for approval.

(3) An employee who is unable to report to work shall notify his/her supervisor or other designated person. Notification should be given before the employee's work time, if possible, but in no case should it be later than one-half hour after the time the employee is scheduled to report to work. In departments of the university which operate twenty-four hours a day, seven days a week, notification should be given two hours before the time the employee is scheduled to report to work. Supervisors, directors, and department chairs should inform all personnel reporting to them of any specific notification procedures required in their areas for use of sick leave.

(4) All employees are required to furnish a satisfactory written justification for use of sick leave on a leave request form available online atwww.wright.edu/hr.This justification must constitute an authorized use of sick leave based on paragraph (B)(1)(a) of this rule. Failure to provide justification for the authorized use of sick leave will be grounds for denial of the use of sick leave, and/or disciplinary action up to and including termination.

If professional medical attention is required by the employee or member of the employee's immediate family, or if the employee is absent more than three consecutive work days, a certificate from a licensed physician verifying the employee's inability to report to work may be required. The decision to approve or deny sick leave shall be made after the supervisor has received the required documentation, and such approval is discretionary. The documentation and leave request form shall be submitted on the day of return from sick leave, if approval has not been granted in advance. Failure to request sick leave in advance when possible may be grounds for disciplinary action.

(D) Records of accrual and use.

(1) Records of sick leave usage for fiscal faculty and salaried unclassified staff are to be recorded and reported monthly by a designated record keeper in each primary department. The designated record keeper is responsible for maintaining the leave request form for all personnel reporting to that unit. By the seventh day of each month, the designated record keeper shall compile the sick leave and vacation hours used from the previous month, complete a sick leave/vacation summary form, and submit the form to the appropriate representative in the department of human resources.

(2) Approved sick leave usage for all absences for fiscal faculty and unclassified exempt staff are deducted from the prior balance by the representative in the department of human resources. The resulting balance will be available for viewing in WINGS express. Usage, however, is typically one month in arrears. For example, the balance reported on June thirtieth will typically include accruals through the end of June and usage through the end of May.

(3) Leave request forms for all employees shall be kept in the employee's department for auditing purposes for a period of two years. Only original leave request forms for parental and unpaid leave, and sick and vacation leave used in the context of FMLA must be forwarded to the leave and disability coordinator in the department of human resources.

(4) The department of human resources maintains sick leave balances in the human resources information system. Employee sick leave balances are available online in WINGS express.

(E) Transfer of accrued sick leave. When a new employee has qualifying prior service with another Ohio state agency, accrued sick leave will be transferred from the applicable Ohio state agency provided the time between separation and reappointment does not exceed ten years. Upon employment, the employee will provide a letter from applicable Ohio state agency that documents the date of separation and the sick leave balance at the time of separation.

When a former Wright state university employee begins employment with another Ohio state agency, accrued sick leave will be transferred to that Ohio state agency, provided the time between separation and reappointment does not exceed ten years. The department of human resources will provide documentation of the former employee's date of separation and the sick leave balance upon separation, upon the written request of the former employee.

(F) Retirement and death payment of sick leave.

(1) After ten years of state service and upon retirement or death, an employee or his/her estate may receive a cash settlement equivalent to one-fourth of the value of accrued but unused sick leave up to a maximum of one-fourth of one hundred twenty days. In no case shall payment exceed thirty days (two hundred forty hours). Payment is based upon the employee's rate of compensation at the time of retirement or death. Such payment eliminates all sick leave credit of the employee.

(2) A retirement payout for sick leave shall be made only once to any employee. An employee who returns to state service after retirement and receipt of cash payment for sick leave credit may accrue and use sick leave as before, but may not receive a cash settlement for the unused sick leave at the time of a second retirement.

(G) Termination/ separation/retirement accrual record. When a fiscal faculty member or unclassified staff member separates from the university, the supervisor or recordkeeper in the primary department shall forward the record of sick leave usage that occurred during the last month of employment to the appropriate human resources representative in the department of human resources. The information shall be used to reconcile the employee's sick leave balance and determine the amount of payment due, providing the employee is eligible for such payment, and/or to maintain accurate record of accrual for transfer to another Ohio state agency.

(H) Patterned sick leave abuse, excessive uncertified sick leave usage and intent to defraud.

(1) The university defines patterned sick leave usage as including, but not being limited to, repeating usage before or after weekends, holidays, vacations or compensatory time, and prompt usage after the accrual of sick time, as well as repeated usage on the same day of the week or time of the day and during peak workload and critical project periods. Managers must monitor employee use of sick leave for patterns of abuse. Employees abusing their sick leave are subject to progressive disciplinary action up to and including termination.

(2) Employees with frequent occurrences of sick leave without the usage of such leave being certified by a physician are subject to progressive disciplinary action up to and including termination.

(3) Application for use of sick leave with the intent to defraud shall be ground for disciplinary action up to and including termination.

(4) Sick leave absences that are supported by a physician's statement that expressly excuses the absence, or that qualify as family and medical leave or worker's compensation will not be used to determine sick leave abuse.

Replaces: 3352 -5-05

Effective: 6/28/1993
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91, 5/24/91, 7/6/92

3352-5-06 Working hours.

(A) Workweek. Wright state university's workweek begins at midnight Friday and continues to midnight the following Friday.

(1) The normal workweek for one hundred per cent full-time equivalency salaried and hourly staff is forty hours. Office hours are normally Monday through Friday from eight-thirty a.m. to five p.m. However, since the university operates, at least in part, at all hours during the entire year, hours and days will vary according to university and departmental requirements.

(2) Salaried staff who are one hundred per cent full-time equivalency should follow established office hours and normally should be scheduled for no more than forty hours per week; however, as executive, administrative, or professional employees, demands of their positions may require more than a forty-hour week to accomplish the work of the university. Salaried staff do not receive pay or earn compensation time for overtime work as they are exempt from the overtime provisions of the Fair Labor Standards Act.

(3) Faculty should consult the Wright state university faculty handbook for information on teaching loads and office hours.

(4) Bargaining unit employees should refer to their contract for information on hours of work.

(B) Mealtime and rest periods for hourly staff.

(1) Normal daily work hours for one hundred per cent full-time equivalency hourly employees span eight and one-half hours and allow for eight hours of paid time and a half-hour unpaid mealtime. Two fifteen-minute paid rest periods are permitted during each full eight-hour shift. Mealtime and rest period times are arranged by the supervisor.

(2) Rest periods are provided to break the work routine, increase efficiency, and reduce fatigue. In some instances, by agreement, supervisors permit employees to combine their rest periods with their lunch periods. This practice is acceptable as long as it does not interfere with efficiency or result in fatigue for individuals whose work is excessively strenuous, dirty, dusty, hot, or cold. When these conditions exist, a rest period is essential.

(3) The half-hour meal period is not included in computing hours worked.

(4) Unused rest periods are not cumulative. A one-hour meal period plus rest periods is not permissible.

(C) Overtime for hourly staff.

(1) Overtime work can be required. Overtime should be distributed as fairly as possible by area supervisors among those qualified to do the work.

(2) If practicable, A twenty-four hour notice will be given when an employee is required to work overtime. However, if the situation does not permit advance notice, an employee still can be required to work overtime.

(3) Because public employers are covered by the requirements of the Fair Labor Standards Act, as well as the Ohio Revised Code, Wright state university must comply with the wage and hour provisions of the Fair Labor Standards Act and the Ohio Revised Code. Therefore, all supervisors in the university should use the following guidelines:

(a) All overtime worked in a workweek must be reported on the time card for the period in which it was earned.

(b) All time cards must accurately reflect the actual hours worked by the employee.

(c) Time worked cannot be informally banked for future use by either the university or the employee.

(d) Hourly paid employees can work overtime only with the explicit approval of the supervisor. Statutory overtime cannot be waived by agreement between the employer and the employee. The supervisor is responsible for ensuring that the employee does not work overtime unless specific permission has been granted.

(e) All employees employed to work forty hours per week on a routine eight and one-half hour shift must take a thirty-minute unpaid lunch break in which they do not perform any work. It is preferred that employees not eat lunch at their work station. An employee who takes lunch in the work area and performs duties such as answering the telephone, filing, and answering inquiries, is considered to be working and should be paid for the time.

(f) It is a requirement that all time worked be paid or recorded for compensatory time on the time card for the pay period in which the overtime was worked. If an employee is in active pay status more than forty hours in one normal workweek, the employee may choose to accumulate compensatory time or be paid for the overtime.

(i) The employee may elect to receive the overtime payment at the rate of one and one-half hours pay for each hour worked.

(ii) The employee may elect to accrue compensatory time at one and one-half hours for each overtime hour worked; or,

(iii) The employee may request time off during the same workweek and, if granted, shall be able to take one our off for each hour worked; or,

(iv) Employees other than security and police officers may accumulate a maximum of two hundred forty hours of compensatory time. Security and police officers may accumulate a maximum of four hundred eighty hours of compensatory time. When the employee's compensatory time balance reaches the maximum, the employee will automatically receive a cash payment for each overtime hour above the maximum accrual. Compensatory time may again be accrued again when the balance is reduced below the maximum.

(g) Except for the limited circumstance described in paragraph (C)(3)(f)(ii), of this rule, federal law requires that all time must be paid on the pay date for the pay period in which the overtime was worked.

(h) Hourly paid employees who wish to volunteer their services to Wright state university may do so as long as the voluntary hours worked are in a capacity dissimilar to the employee's original appointment type or classification. In those instances, the time is considered voluntary, and it will not be included in the calculation of overtime.

Replaces: 3352.5.06

Effective: 7/31/1999
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91, 7/6/92, 7/16/93

3352-5-07 Conditions of employment for unclassified staff.

(A) Termination notification.

(1) The unclassified staff of Wright state university who have been hired on a continuing employment agreement can be terminated by the university. The affected staff members shall be notified in writing as specified in paragraph (A)(2) of this rule. Term of employment shall include only continuous employment at Wright state university as classified staff, unclassified staff, or faculty with no prior breaks in service.

(2) Employees can be terminated for documented just cause as provided in applicable laws, rules, and regulations or because of financial exigency, without notice. All unclassified staff members can appeal a just cause termination in compliance with the grievance procedure for the unclassified staff. Notice of involuntary separation shall be provided to any unclassified staff member whose position has been eliminated without just cause. The university will provide one-week of notice for each full year of continuing service with the university, with no prior breaks in service, at a minimum of four weeks and a maximum of up to twenty-four weeks.

(a) Unclassified staff members who are on special contracts and/or on renewable appointments are not entitled to the notice periods referenced in this rule.

(B) Job descriptions and titles. To achieve a rational system for the creation and assignment of titles for unclassified staff positions, the department of human resources shall be responsible for:

(1) Collecting and filing current job descriptions for all unclassified positions and updating job descriptions as needed.

(2) Conducting, with the help of internal and external resources, a comprehensive review/benchmarking of existing job titles and how they relate to job descriptions and to each other.

(3) Recommending policy to ensure consistency and fairness in the assignment of titles for unclassified positions throughout the university.

(C) Unclassified staff performance appraisals.

(1) Performance appraisals shall be an annual requirement. The department of human resources shall collect a copy of the annual performance appraisal for inclusion in the employee's file in the department of human resources. In addition to a written annual performance appraisal, supervisors are encouraged to provide informal evaluations to their employees throughout the year.

(2) All offices/departments use the university performance appraisal process, but individual offices/departments may design their own performance appraisal instruments to supplement the university program.

(3) Supervisors shall be provided with formal training on evaluating employees.

(4) An educational program for all members of the unclassified staff shall be conducted so that an employee understands how performance appraisal benefits the university, his/her office, and the employee.

(D) Pay raise.

(1) The annual, written evaluation of employees shall be a major determinant in awarding any merit pay raise.

(2) The evaluation process and its relationship to awarding any annual pay raise shall be explained to employees prior to implementation.

(E) Grievance procedure.

(1) The purpose of the grievance procedure is to secure a prompt resolution to formal complaints by unclassified staff members regarding the terms and conditions of employment, salary, or other benefits. Complaints regarding discrimination should be referred to the office of affirmative action programs for resolution and are, therefore, not covered by this procedure.

(2) The grievance procedure is designed to promote remediation at the lowest possible level, while at the same time preserving the right of each employee to due process. All deliberations and discussions relating to a grievance shall be treated with confidentiality by all parties. The procedure is divided into informal and formal systems.

(a) Informal grievance system.

(i) This step consists of on-the-spot discussion of the grievance among the complainant, the respondent, and the supervisor(s). If mutually agreeable, each party may be accompanied by another employee. This step represents an attempt to rectify the problem at the point of origin.

(ii) In the absence of satisfaction to all parties in paragraph (E)(2)(a)(i) of this rule, either party or a supervisor of either party can have both parties to a grievance give an oral presentation of the matter before the next higher administrative officer. Each party can be accompanied by another employee. The reviewing officer can seek guidance from a third party such as the provost, appropriate vice president, or a representative from the department of human resources or from the office of general counsel. The third party can act as a consultant providing information concerning policies, procedures, directives, and regulations which may bring about a satisfactory resolution. In cases where the complaint is of such a sensitive nature that the employee feels unable to discuss it with his/her immediate supervisor, the complainant can go directly to the supervisor's supervisor.

(iii) The reviewing officer shall give a response in writing to the aggrieved employee within five working days unless an extension is mutually agreeable.

(b) Formal grievance system. In the event the grievance is not settled in the informal grievance system, the formal grievance system may be pursued to assure due process for the complainant, the respondent, and the university.

(i) Within ten working days of the reviewing officer's report, the complain shall be made in writing, giving full details, and sent to the assistant vice-president for human resources, who will coordinate paragraphs (E)(2)(b)(ii), (E)(2)(b)(iii), and (E)(2)(b)(iv) of this rule in a timely manner.

(ii) A panel of three members of the unclassified staff shall be chosen to serve as the hearing board. One shall be chosen by the complainant, one by the respondent, and the third, who shall serve as chair, shall be chosen by the first two members. No staff member who is related administratively (direct supervisor or direct report) or personally (family member, including domestic partner) to either party of the complaint shall be eligible to serve on the hearing board.

(iii) The hearing board shall be convened and shall conduct a formal closed hearing within ten working days, providing both complainant and respondent have ample opportunity to introduce evidence, and to examine and cross-examine witnesses. Any party to the case can be represented by another employee of the university. The hearing board shall render a decision in writing to all parties, including the appropriate administrative officer, within ten working days of the conclusion of the hearing.

(iv) In the event either party to the case is dissatisfied with the decision of the hearing board, he/she has thirty days to appeal that decision to the president of the university, subject to the president's agreement to hear the case (not an appeal of right, but of choice). The president or his/her designee shall take such action as is deemed necessary to assure that all parties have been afforded due process and have received fair treatment. The president or his/her designee can confirm the decision, overturn the decision, render a compromise decision, or remand the case back to the hearing board for further hearing. The decision of the president or his/her designee shall be final within the university.

(F) Professional development program.

(1) Purpose. The professional development program is to prepare individual professional staff members to serve better the educational process, the academic community, and thus the institution as a whole by increasing the effectiveness of the staff member in a current assignment or preparing the individual to assume a position of new responsibilities at Wright state university. The spirit of the program is to permit the staff member and his/her supervisor's maximum flexibility in planning the individual's professional development. However, unclassified staff should not submit proposals with a goal of working toward an educational degree.

(2) Criteria for eligibility. Any unclassified staff member who has served the university for a minimum of seven full years and is employed on a continuing employment agreement shall be eligible for consideration for the professional development program. Eligibility alone does not guarantee that a professional development leave shall be granted. Proposals shall be reviewed according to the following criteria:

(a) Evidence of potential value of the professional development leave to the university.

(b) Performance of the individual in his/her position.

(c) Potential contribution of the individual to the university following the professional development leave.

(d) Ability of the administrative unit to absorb the work or suspend responsibilities during the period of the professional development leave.

(3) Length/salary. Professional development leaves can be of varied length. Leaves of up to three months shall be at full pay. Longer leaves only shall be granted if the nature of the professional development project necessitates such length. Leaves of more than three months but less than six months shall be at seventy-five per cent of salary. Leaves of more than six months but less than nine months shall be at fifty per cent of salary. Assistance with expenses shall be negotiated individually with the appropriate supervisors. It is not necessary for the leave time to be continuous.

(4) University benefits. A staff member on a professional development leave shall still receive all eligible university benefits; for example, insurance, retirement, worker's compensation, consistent with applicable law, rules, and regulations.

(5) Application procedures.

(a) A staff member shall discuss a proposal for a professional development leave with his/her appropriate supervisors to assure that the formal application will be of significant benefit to the university. Application for a professional development leave is to be made in writing to the appropriate supervisor. The supervisor will evaluate the staff member's application and send the application and his/her recommendations to the provost, appropriate vice president, or appropriate dean. The evaluation shall include a specific analysis on how the administrative unit will absorb the work load during the development leave. The provost, appropriate vice president, or appropriate dean shall review all applications in his/her administrative or college/school area, and if supported, shall send them along with his/her recommendations to the president of the university for final approval. The staff member shall be given written notification of the action in a reasonable length of time. The application must include a well-considered plan presented with a reasonable degree of specificity, showing how the leave will contribute to the staff member's professional development and the goals of the institution. The president shall be responsible for establishing annual deadlines for application and can establish a process for ensuring equal consideration of proposals from all vice presidential areas.

(b) The terms of the leave shall be clearly stated in writing in the form of an agreement between the individual and the appropriate supervisor and executive officer.

(6) Continuing service. It is expected that, under normal circumstances, a staff member shall return to Wright state university for a minimum of one additional year of service following the leave period.

(7) Report. A report on the completed professional development leave shall be submitted to the president of the university following the return of the staff member to his/her duties at Wright state university.

Effective: 6/11/2017
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 3/6/78, 2/1/91, 7/31/99

3352-5-08 Educational benefits program.

(A) General fee remission policy. The Wright state university board of trustees has established an educational benefits program to permit and encourage employees, their spouses, retirees, and eligible dependents to enroll for course work at the university with educational benefits under the provisions of the Wright state university code of regulations. The benefit under this program consists of payment of the instructional fee, general fee, and out-of-state tuition (if applicable) while engaged in eligible course work at the university for qualifying employees; payment of a portion of the instructional fee, general fee, and out-of-state tuition (if applicable) while engaged in eligible course work at the university for their spouses and eligible dependents of qualifying employees; and for payment of a portion of the instructional fee, general fee and any out-of-state tuition while engaged in eligible course work at the university for qualifying retirees and their spouses and eligible dependents. The policy also provides a benefit for services rendered the university by certain graduate assistants, graduate teaching assistants, and research fellows.

The program consists of two separate employee benefit plans (the qualified educational assistance plan and the fee remission plan) providing similar benefits. Eligible participants access educational benefits under both plans in the same manner. The two plans are maintained to provide maximum benefits while minimizing income tax liability for the benefit amount for eligible participants.

Under the first plan, eligible employees and retirees enrolled for qualifying graduate level courses at the university receive benefits under the qualified educational assistance plan. The qualified educational assistance plan is offered under the provisions of Internal Revenue Code Section 127.

Under the second plan, fee remission plan benefits are available to eligible employees and eligible retirees enrolled for undergraduate classes at the university, to the spouses and dependents of eligible employees and eligible retirees enrolled for graduate and undergraduate classes at the university, and to certain graduate assistants, graduate teaching assistants, and research fellows.

The fee remission plan benefit is offered under the provisions of Internal Revenue Code Section 117.

(B) Eligibility for benefits. Eligibility is determined by the status of the employee or retiree on the first day of the applicable term. An employee who is eligible employee on the first day of classes of an academic term remains eligible for that academic term even if the employee separates from service with Wright state university during the period of the term.

(1) The following persons are considered eligible employees for benefits under the qualified educational assistance plan:

(a) An employee of the university who is appointed to work at least on a seventy-five percent annual full-time equivalency basis in one or more of the following categories:

(i) Fully affiliated faculty;

(ii) Professional/administrative staff; and

(iii) Hourly paid staff.

Appointed to work at least on a seventy-five percent annual full-time equivalency basis is defined as appointed to work full time for a minimum of three academic quarters, as appointed to work seventy-five percent of full-time for one year, or as appointed to work an equivalent amount of time on an annual basis if the appointment period is of another length.

(b) A retiree who has at least ten years of Wright state university service and who was eligible for educational assistance and/or fee remission benefits at the time of his or her retirement, including disability retirement, from Wright state university.

(c) An employee on a disability leave who is appointed to work at least on a seventy-five percent annual full-time equivalency basis.

(2) The following persons are considered eligible for benefits under the fee remission plan.

(a) All those defined as eligible in paragraph (B)(1)(a) of this rule.

(b) Spouses and dependents of eligible employees and retirees. A "dependent" is a daughter, son, stepdaughter, or stepson of the employee as defined in Internal Revenue Code Section 152 who is eligible to be claimed as a dependent on the employee's federal income tax return. In addition, registered domestic partners and their tax dependent children are also eligible for benefits.

(c) Spouses and dependents of active employees or retirees who were eligible at the time of the death of the employee and spouses and dependents of eligible employees on disability leaves.

(d) Graduate assistants, graduate teaching assistants and research fellows who are employed on a part-time basis under a university contract, and full-time instructors

(C) Eligible course work.

(1) Eligible course work under qualified educational assistance plan is as follows:

(a) Eligible course work for employees and retirees is graduate level course work at Wright state university.

(b) Course work for professional degrees at Wright state university is not eligible course work under the qualified educational assistance plan.

(2) Eligible course work under the fee remission plan is as follows:

(a) Eligible course work for employees other than graduate assistants, graduate teaching assistants, and research fellows is undergraduate and graduate course work and noncredit courses or workshops at Wright state university.

Noncredit courses or workshops must be determined by the employee's supervisor as being beneficial for the training of the employee. Certain noncredit courses or workshops may be restricted from this benefit by authority of the dean who is responsible for the academic area in which the program is offered.

(b) Eligible course work for retirees and for spouses and eligible dependents of employees and retirees is undergraduate and master's level course work.

(c) Eligible course work for graduate assistants, graduate teaching assistants, and research fellows is undergraduate and graduate course work.

(d) Course work for professional degrees such as those in the school of medicine and the school of professional psychology is not eligible course work under the fee remission plan.

(e) Course work taken by high school students as part of a dual enrollment program is not eligible under the fee remission plan.

(f) The benefits under both plans are limited to courses at Wright state university. This does not preclude participation in "Southern Ohio Council for Higher Education" or other consortia arrangements available to other Wright state university students that do not involve payments to other colleges or universities.

(g) Employees who had previously been approved to receive cash payments for payment for coursework at other colleges and universities, upon the approval of the provost and subject to any conditions or limitations established by the provost, may be permitted to continue their programs.

(D) Benefit amount.

(1) The amount of benefits provided under the qualified educational assistance plan is a follows:

(e) Benefits for eligible employees are equal to one hundred percent of the instructional, general and any tuition fees for eligible course work.

(f) Benefits for eligible retirees are equal to eighty percent of the instructional, general and any tuition fees for eligible course work.

(2) The amount of benefits provided under the fee remission plan is as follows:

(a) Benefits for eligible employees are equal to one hundred percent of the instructional, general and any tuition fees for eligible course work.

(b) Benefits for eligible retirees and for spouses and dependent children of eligible employees and retirees are equal to eighty percent of the instructional, general and any tuition fees.

(c) Benefits for graduate assistants, graduate teaching assistants and research fellows are equal to one hundred percent of the instructional, general and any tuition fees for eligible course work.

(e) Benefits for eligible noncredit courses or workshops are equal to seventy-five percent of the fee for the noncredit course or workshop.

(E) Income taxation of benefits.

(1) Qualified educational assistance plan benefits are not subject to federal income taxation up to the annual maximum amount provided for by Internal Revenue Code Section 127(a) (currently an amount equal to five thousand two hundred and fifty dollars per individual per calendar year).

(2) Qualified educational assistance plan benefits in excess of the Internal Revenue Code Section 127(a) maximum are subject to federal income taxation and appropriate payroll withholding.

(3) Fee remission plan benefits for all graduate course work are subject to federal income taxation and appropriate payroll withholding. In addition, fee remission plan benefits for all undergraduate course work are subject to federal income taxation for all registered domestic partners and their tax dependent children unless the employee has filed a "certification of tax-qualified dependents" with the department of human resources certifying the recipient of the fee remission as an Internal Revenue Code defined tax dependent.

(4) The amount of qualified educational assistance plan benefits and the amount of Fee remission plan benefits for graduate classes will be recorded each quarter. The taxable portion of these benefits will be determined on a quarterly basis. The taxable portion will be included as taxable income in, and any related income taxes will be withheld from, the employee's pay in the last month of the quarter in which the course(s) was (were) taken.

(5) Fee remission plan benefits for undergraduate course work and qualifying noncredit courses and workshops are not subject to federal income taxation.

(F) Limitations on benefits.

(1) An employee in active pay status, other than a graduate assistant, a graduate teaching assistant or a research fellow, is limited to benefits no greater than the instructional fee, general fees, and any out-of-state tuition for a maximum total of eight quarter hours of credit hour courses in one academic quarter for both qualified educational assistance plan benefits and fee remission benefits.

For the purpose of educational benefits there are five academic quarters per year: fall, intersession, winter, spring and summer. Summer terms a, b, and c constitute one academic quarter. Summer terms a and b are each equivalent to one-half of an academic quarter for the application of the eight credit hour maximum.

Both qualified educational assistance plan benefits and fee remission benefits are payable for audited courses and courses for academic credit at the university for eligible employees.

(2) Fee remission benefits fro credit-hour courses for a spouse or dependent of an eligible employee, for an employee on disability leave, for a retiree or a spouse or dependent of a retiree are not limited to a maximum number of hours per quarter.

(3) Graduate assistants, graduate teaching assistants, and research fellows on an annual appointment are eligible to receive fee remission benefits for a total of four consecutive quarters (up to sixty quarter credit hours), of which the summer quarter only may be split between two academic years.

(4) Except for certain restricted offerings, an eligible employee may receive a Fee remission benefit for seventy-five percent of the fee for a noncredit course or workshop offered by Wright state university if the enrollment for the noncredit course or workshop is approved by the employee's supervisor as being beneficial for the training of the employee. Certain noncredit courses or workshops may be restricted from this benefit by authority of the dean or director who is budgetarily responsible for the academic area in which the course or workshop is offered.

(5) No fee remission benefits are provided for noncredit courses or workshops for retirees or for spouses and dependent children of employees and retirees.

(6) Fee remission and qualified educational assistance plan benefits are provided for credits at Wright state university earned by examination. Such benefits are not provided for the fee charged to take the examination for such credits.

(7) An employee taking a class during regularly scheduled work hours must obtain approval from the employee's supervisor.

(E) Benefits payable when other educational benefits are provided

(1) For an eligible employee who is receiving financial assistance or a scholarship from Wright state university or any other course for the quarter for which the employee applies for fee remission or qualified educational assistance plan benefits, all other financial aid that is tuition-restricted will be applied to the student's account first, and the Fee remission or qualified education assistance plan benefits will be applied to any remaining balance of instructional, general or out of state tuition amounts. In this circumstance, not refund will be created as a result of the Fee remission or qualified educational assistance plan benefits. When the other financial aid is unrestricted as to use (i.e. it can be applied against any legitimate student charge), the Fee remission or qualified educational assistance plan benefit will be applied to the student's account first, and the other financial aid will be applied to all remaining charges. In this circumstance, if a credit balance exists after all charges have been liquidated, a refund to the student will be issued.

(2) For the spouse or dependent of a qualifying employee or a retiree who is eligible for fee remission benefits from a source other than and in addition to Wright state university, fee remission benefits provide by Wright state university are applied in the same manner as in paragraph (E)(1) of this rule.

(F) Procedures for accessing educational benefits

(1) An active employee does not have to complete an application form for fee remission or qualified educational assistance plan benefits for credit hour classes taken at Wright state university. The employee shall notify the office of the bursar of the employee's request for educational benefits at the time instructional and general fees are to be paid. A staff member in the office of the bursar will verify the employee's eligibility for educational benefits and will apply any benefit (within credit hour limits) to the eligible employee's student account.

(2) A spouse or dependent child of an eligible employee does not have to complete an application form to access fee remission benefits for qualifying course work at Wright state university. An eligible employee must complete a dependent statement for fee remission authorization form to designate the employee's eligible dependents. The spouse or dependent child shall notify the office of the bursar of the individual's request for fee remission benefits at the time instructional and general fees are to be paid. A staff member in the office of the bursar will verify the individual's eligibility for fee remission benefits and shall apply the benefit to the individual's student account.

(3) A qualifying retiree or the spouse or dependent child of a qualifying retiree must complete and submit to the office of the bursar an application for educational benefits for courses taken at Wright state university. This application must include verification of the student's eligibility from the department of human resources.

(4) Graduate assistants, graduate teaching assistants, and research fellows who have an approved, completed contract with the office of graduate studies will have their fee remission benefit automatically applied to their student account.

(5) Fees not paid by fee remission or qualified educational assistance plan benefits must be paid at the time that these educational benefits are requested.

(6) Employees who seek fee remission benefits for noncredit courses or workshops shall submit a completed application for educational benefits wit the registration form for the course of workshop.

(7) Educational benefits are subject to verification and possible audit. If subsequent investigation verifies that benefits were provided in error, the student will be billed for the appropriate tuition and fees.

Replaces: 3352.5.08

Effective: 8/5/2010
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91, 7/31/94

3352-5-09 Compensation.

(A) Philosophy.

(1) In order to attract and retain an effective, committed work force, Wright state university strives to offer competitive levels of compensation and recognize the achievements of its employees.

(2) Recognizing that most faculty and staff are meritorious and deserve compensation increases which recognize their accomplishments while remaining competitive with other Ohio public universities, the university employs a system that begins with a university wide salary increase pool and combines across-the-board increases with merit increases for effective faculty, unclassified, and classified staff. Merit awards should reflect real and measurable differences in individual or group performance. Increases should be denied to faculty and staff who fail to meet minimum performance standards.

(3) Successful compensation policy relies upon reliable procedures for evaluating employee performance. Such evaluations will occur regularly for employees. Evaluations of managers/administrators will include an assessment of their effectiveness in evaluating those who report to them, as well as their demonstrated commitment to the university's affirmative action and equal opportunity goals and their commitment to quality team performance.

(B) Compensation system for (classified and unclassified staff.

(1) New external appointments. New external appointees are hired at the minimum for the position as posted. If a department believes that a pay rate of up to ten per cent above the range minimum is necessary, a request endorsed by the dean or vice president and accompanied by supporting documentation must be presented to the department of human resources. The starting salary request form is available in the department of human resources. The documentation requesting the exception may include such information as: difficulty in recruiting for the position; the specialized requirements of the position; and, the candidate's experience, credentials, or other factors. The department of human resources will evaluate the request and forward its decision to the hiring manager. If the dean or vice president disagrees with the decision made by the department of human resources, the issue must be presented to the provost for adjudication. Applicants who do not exceed the minimum requirements posted for a position shall normally not be approved for a pay rate above the minimum. The provost will communicate the final decision on the request to both the dean or vice president and the department of human resources. Any request for starting salary above one hundred ten per cent of the posted minimum must be approved by the office of the provost.

Salaries up to one hundred ten percent of the minimum will be funded from the university compensation pool. Any approved increase above one hundred ten per cent will be paid for by the hiring department. The provost may make an exception to this policy and fund the entire increase from the compensation pool. Request for increased funding must be approved prior to any offer to a candidate.

(2) Internal promotions. Requests for internal promotions are made through submission of appropriate documentation to the department of human resources and must be recommended by the appropriate dean or vice president. An employee who receives an internal promotion will receive an increase to the minimum posted salary to five per cent of his or her current salary whichever is greater.

The salary increase awarded to an employee who receives an internal promotion to a vacant position will be funded by the compensation pool. Any promotion awarded to an employee where there is not existing vacant position will be considered a reorganization of that unit/department and will be funded by the requesting unit/department.

(3) Position audits. If the duties and responsibilities of a position have changed by at least twenty-five per cent a position audit may be requested by the employee who currently holds the position. All audit requests must be validated by the department/unit head and endorsed by the dean or vice president. The results of the audit will be communicated to the employee, the department/unit head and the dean or vice president. Classified job audit forms and unclassified position review forms are available in the department of human resources and on the department's web site.

If a position audit results in a reclassification, the employee who currently holds the position will receive a five per cent increase or an increase to the minimum rate of pay for the position, whichever is greater. Human resources will determine if the increase is due to external market analysis or by department driven changes to the position. Funding for external market driven changes will be provided by the compensation pool. Funding for internally driven position changes will be funded by the unit/department.

(C) Compensation system for faculty not represented by collective bargaining.

(1) Fully affiliated faculty.

(a) A faculty member's initial compensation shall recognize the relevant academic market and the faculty member's rank within disciplines.

(b) A faculty members' annual compensation adjustments shall normally reflect performance in an annual evaluation.

(c) The salary of a newly promoted faculty member shall be increased seven point five per cent of the individual's academic or fiscal base salary. Funding will be provided by the compensation pool.

(d) As appropriate, a faculty member's salary may be adjusted in response to changes in the relevant academic market, to inequities, and to internal and external economic conditions. Funding will be provided by the department.

(2) Adjunct faculty and overload assignments.

(a) Shall be compensated at compensated at customary rates within individual colleges and departments, which are periodically adjusted to reflect market conditions. Funding will be provided by the department.

(3) Summer quarter salaries.

(a) A faculty member with an academic year appointment who has completed three quarters of service will receive the basic pay rate per quarter credit hour for full-time assignment which is one thirty-sixth of the faculty member's base salary for the preceding three quarters. Salary for teaching in excess of full-time assignment will be calculated at the overload rate, as specified in section 4210.3 of the Revised Code.

(b) Summer salary for a faculty member who has not employed full time by the university during the preceding three quarters shall be determined on the basis of rank and other relevant considerations..

(c) A full-time teaching assignment during only one five-week term is six quarter credit hours per term. A full time teaching assignment for courses that are scheduled for the full ten-week term is twelve quarter credit hours.

(d) Summer salaries will be funded by the department.

(4) Off-campus teaching assignments. As part of a faculty member's commitment to the university and the community, it may be necessary for a faculty member who has been assigned duties beyond a twenty-five mile radius of his or her campus office may be authorized inconvenience compensation at customary rates within colleges and departments. Any payments specific to travel must also conform to university travel policies.

(D) Compensation system for unclassified special contract research employees.

(1) New external appointments.

(a) New external appointees are hired at the minimum for the position as posted. If a department believes that a pay rate of up to ten per cent above the posted minimum is necessary, a request accompanied by supporting documentation must be presented to the department of human resources. The starting salary request form is available in the department of human resources and on the department's web site. The documentation requesting the exception may include such information as: difficulty in recruiting for the position; the specialized requirements of the position; and, the candidate's experience, credentials, or other factors. The department of human resources will notify the principal investigator or hiring supervisor if the request is approved. If the hiring manager disagrees with the decision made by the department of human resources, the issue may be presented to the vice president for research and graduate studies for adjudication. Applicants who do not exceed the minimum requirements posted for a position shall normally not be approved for a pay rate above the minimum. The vice president for research and graduate studies will communicate the final decision on the request to both the hiring manager and the department of human resources. Any request for starting salary above one hundred ten per cent of the posted minimum must be approved by the vice president for research and graduate studies.

(b) All new hire salaries will be funded by the grant and/or the department/unit. Only with the approval of the provost will any costs be covered by other university funds.

(2) Internal promotions.

(a) An employee whose responsibilities have increased can be recommended for a promotion. The principal investigator should forward documentation to the department chair and the college/school dean for approval. If approved, this recommendation shall be forwarded to the department of human resources for review. If the department of human resources finds merit in the recommended promotion, the request will be sent to the vice president for research and graduate studies for final approval. If disappointed, the recommendation will be returned to the college/school dean.

(b) An employee who receives an internal promotion will receive an increase to the minimum posted salary or five per cent of his or her current salary whichever is greater. All salary increases will be funded by the grant and/or the department/unit. Only with the approval of the prost will any cost be covered by other university funds.

(3) Position audits. If the duties and responsibilities of a position have changed by at least twenty five per cent, a position audit may be requested by the employee who currently holds the position. All audit requests must be validated by the department/unit head and endorsed by the dean or vice president. If the department of human resources feels the position should be upgraded, documentation will be sent to the vice president for research and graduate studies for final approval. The results of the audit will be communicated to the employee, the department/unit head and the dean or vice president. Classified job audit forms and unclassified position review forms are available in the department of human resource and on the department's web site. If a position audit results in a reclassification, the employee who currently holds the position will receive a five per cent increase or an increase to the minimum rate of pay for the position, whichever is greater.

(4) All salary increases will be funded by the grant and/or the department/unit. Only with the approval of the provost will any costs be covered by other university funds.

(E) Special compensation

(1) Special salaries and/or fringe benefits proposed to attract professional personnel, especially for those projects using federal awards, must meet the test of reasonableness and meet university guidelines.

Replaces: 3352 -5-09

Effective: 4/12/2010
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 7/16/93, 11/19/93, 7/31/94

3352-5-10 Internal promotion.

(A) Wright state university's non-competitive internal promotion policy for classified and unclassified staff is intended as both a reward for successful performance and an assignment of additional responsibility to an individual who has accepted and fulfilled responsibility well. This rule is consistent with and integral to the university's affirmative action policy. In order to fully utilize its available human resources, the university attempts when circumstances permit:

(1) To fill vacancies by promotion from within when practicable and consistent with its commitment to affirmative action;

(2) To promote on the basis of skills, knowledge, ability, and performance; and,

(3) To provide job training and educational opportunities to help employees perform better and prepare for advancement or new job opportunities.

(B) An internal promotion may be made without a job search subject to compliance with all of the conditions:

(1) The appropriate vice present or dean shall authorize in writing that the position is to be filled by internal promotion, before the position is posted.

(2) A review or interview process shall be conducted to ensure that all eligible and qualified employees in the same operating unit are given consideration for the position.

(3) The hiring manager shall prepare and the appropriate vice president or dean shall approve documentation that includes the following information:

(a) A list of eligible employees in the same operating unit who are qualified and considered for the position.

(b) A summary of the designated employee's credentials that document that the individual meets the established minimum qualifications for the position and has the skills and experience at least equal to candidates that could be recruited by a competitive process.

(c) The reasons for selecting the designated employee for the position.

(4) Any vacancy created by an internal promotion must be posted and filled in accordance with prescribed procedures.

Replaces: 3352 -5-10

Effective: 7/31/1999
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 7/16/93

3352-5-11 Special salary adjustments for administrative (unclassified) staff.

(A) Purpose. The purpose of this policy is to establish a university decision-making process for all administrative (unclassified) staff base pay wage adjustments other than the general annual increases. This process includes instituting procedures to ensure that the same decision factors and priorities are consistently applied.

(B) Guiding principles.

(1) Requests for special salary adjustments for unclassified positions shall be reviewed and pay adjustments may be made in January, May and September. In general, wage adjustments for unclassified positions will not be made at any other times.

(2) Any request for a special salary action must be based on one or more of the reasons:

(a) To react to shifts in the competitive labor market (i.e., hiring salary rate), for a specific position or category of positions that are affected by an inequity, and immediate action is required to retain and recruit qualified staff.

(b) To correct pay compression that occurs when the pay difference between supervisors and their higher-level nonsupervisory subordinates becomes narrowed due to a collective bargaining settlement, similar pay adjustment for nonsupervisory employees, or due to other circumstances.

(c) To correct an internal inequity where two or more positions in different parts of the university have substantially the same duties and responsibilities and require equal skills and effort but have substantially different pay rates.

(d) To provide equitable compensation because of a change in the value of a position resulting from a substantial addition of more complex duties or significant expansion of responsibilities that do not constitute a promotion of the incumbent. The mere assignment of new or additional duties to an existing position is not a sufficient basis for a wage adjustment. Rather, the fundamental purpose and value of the position must be altered.

(3) The university will establish an annual budget for special salary wage adjustments.

(4) This process is not intended to restrict or limit the right of managers under current university policy and practices to make internal promotions of unclassified staff. An internal promotion that is not subject to this policy must meet all of the following criteria:

(a) The promotional position is a vacant, budgeted position that is within the same department and that has been filled within the last year, and it is not a new position that is being created or shaped for the individual who is being promoted.

(b) The person being promoted has all of the qualifications that are typical requirements or expectations for individuals who hold comparable positions within this field, both internally and externally. These qualifications generally will be specified within the position description.

(5) If the internal promotion does not satisfy the criteria in paragraph (B)(4) of this rule, a new position must be established in accordance with department of human resources procedures. A salary adjustment shall be determined in accordance with this policy.

(C) Implementation guidelines. Special salary adjustment requests for unclassified staff will be three times a year, generally in January, May and September.

(1) A manager who has supervisory responsibility for the position shall submit a completed request for special salary adjustment form to his/her dean or vice president. If a request is approved for further consideration, the request for special salary adjustment form shall be sent to the department of human resources. An employee cannot request a salary adjustment for himself/herself.

(2) The department of human resources must receive the completed form and any additional information that supports a request not later than April first to ensure consideration in May no later than August first to ensure consideration for September or no later than December first to ensure consideration in January. The request for special salary adjustment form is available in the department of human resources and on the department's web site at http://www.wright.edu/admin/humres/.

(3) Staff in the department of human resources shall communicate with appropriate departmental management to clearly identify significant changes in the position or other pay related issues.

(D) Exceptions. The process set forth in this policy is intended to apply to all wage increases for administrative (unclassified) staff, except the general annual increase and internal promotions. However, the university recognizes that there may be an unusual exception when it is in the best interest of the university to make an individual wage adjustment such as to retain a valued employee who has received another employment offer. The provost must approve all such requests.

Replaces: 3352.5.11

Effective: 4/21/2010
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 3/15/02

3352-5-12 Reduction in classified staff workforce.

(A) Introduction/scope. Conditions may arise that necessitate the reduction of the university work force. Reduction of classified positions may occur for a variety of reasons, such as budgetary constraints, changing priorities, lack of work, efficiency improvements or reorganization.

While business needs may require employee reductions, the University recognizes the valued contributions of its workforce, aspires to support those in transition, and aligns its approach with its core values of "people and sustainability."

(B) Policy. When the university determines that a position in the classified service will be eliminated, the employee currently occupying the position will have the option to select one of the following:

(1) Take the involuntary separation option available to unclassified staff of one week per completed year of service with a minimum of four weeks and maximum of twenty-four weeks;

(2) Accept a vacant classified position in the same job classification for which they qualify, if one is available; or

(3) Accept a layoff and be placed on a recall list to be eligible to be recalled to the same job classification within the university for one year from the date of notice of layoff.

(C) Procedures.

(1) Statement of rationale and/or documentation must be reviewed and on file with human resources (HR) prior to the layoff/reduction in force (RIF). In instances of larger scale reductions, HR will conduct a disparate impact analysis in partnership with legal affairs/general counsel.

(2) Classified employees will be provided with fourteen calendar days' notice of the position elimination and the options available, but must notify HR, in writing, within five calendar days' which of the available options they choose to exercise. Once HR is notified, decisions may not be revoked.

(3) If more than one classified position is being eliminated at any given time, the option to accept a vacancy will be provided in seniority order. (i.e. the most senior impacted employee will be provided the option of vacancy first, followed by the next most senior, etc.)

(4) Employees choosing to accept an available vacancy will be required to serve a probationary period. Should the employee fail to successfully complete the probationary period, they will be considered to be laid off and will be provided with thirty days' notice. Employees failing a probationary period will not be placed on the recall list.

(5) Those employees that elect a layoff, and are returned to the university from the recall list will not be listed as having a break in service.

(6) Any impacted staff member interested in additional career support may contact human resources (talent management center of excellence) for resume review, interviewing tips, coaching, and other job resources that may be available.

(D) Classified employees can be terminated for documented just cause, as provided in applicable laws, rules, and regulations. The reduction in workforce/job elimination process should not be used to circumvent good performance management practices.

(E) This policy excludes classified staff members who are on special contracts and/or on renewable appointments as these time-limited appointments are identified at the outset of employment.

(F) This policy is not applicable to staff covered by a collective bargaining agreement as those contracts contain specific layoff/RIF provisions.

(G) Resources.

Human resources (937)775-2120

https://www.wright.edu/human-resources/policies-and-resources/human-resources-business-partners

https://www.wright.edu/human-resources/careers

Faculty and staff assistance program, impactsolutions

https://www.wright.edu/human-resources/benefits/additional-miscellaneous-benefits/faculty-and-staff-assistance-program

Leaving the university guide

https://www.wright.edu/human-resources/benefits/leaving-the-university

Effective: 6/18/2017
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03

3352-5-13 Furlough leave.

(A) Introduction

Section 371.70.20 of amended substitute House Bill No. 1 effective on July 17, 2009, provides that "the board of trustees of any state institution of higher education, notwithstanding any rule of the institution to the contrary, may adopt a rule providing for mandatory furloughs of employees, including faculty, to achieve spending reductions necessitated by institutional budget deficits."

The university recognizes that conditions may arise which necessitate the use of voluntary or mandatory furloughs. This rule will be applicable to nonbargaining unit faculty and all non-bargaining unit staff. This rule sets forth the general guidelines that will guide the implementation of mandatory or voluntary furlough leave days.

Faculty and/or staff covered by collective bargaining agreements will follow the provisions detailed in their respective agreements.

(B) Definitions

Furlough leave -is when the university has determined that non-bargaining unit faculty and non-bargaining unit staff can be placed into a temporary, noduty, non-pay status. Furlough leaves are different from layoffs in that impacted employees continue working on a reasonable regular basis, except for a temporary period without pay. Furlough leaves can be mandatory university-wide or individuals can request to take furlough leave on a voluntary basis.

Mandatory scheduled furlough leave days - are leave days that have been identified by the president, or her/his designee, as official furlough leave days, required to be taken by all colleges, schools and divisions within an applicable fiscal year.

Voluntary scheduled furlough leave days - are leave days, which are optional unpaid days and are therefore not mandated by the university. These leave days require advanced approval and should be scheduled during a time that is most operationally feasible for the college, school or division, within an applicable fiscal year.

Annualized salary - is the compensation an employee would be expected to earn throughout the course of a year if the employee worked forty hours a week for an entire year. The simplest calculation for determining an annualized salary is to multiply an employee's hourly rate by two thousand eighty hours (fifty-two weeks by forty hours).

(C) Procedures

(1) Before a furlough leave is implemented, the president or designee will perform an analysis to ensure the cost-savings effectiveness.

(2) If it is determined that a significant cost-savings can be realized by the activation of a furlough leave, the president or designee will provide campus-wide notification no later than thirty days prior to implementation of the furlough leave, except in the event of any major university crisis, such as a catastrophe, natural disaster or in the event of financial exigency.

(3) The university reserves the option to exempt any employee earning below a designated annualized minimum salary, as determined by the president or designee, from being required to take mandatory furlough leave. The president or designee will communicate the minimum salary threshold prior to the enactment of mandatory furlough leave days.

(4) Faculty and staff positions that are supported by a combination of funds from external sponsors and the university's base budget will have mandatory furlough leave days offset in accordance with the outside funding source.

(5) Faculty and staff positions fully supported by an outside funding source may not be required to experience mandatory furlough leave days.

(6) The number of days of mandatory furlough leave shall be set at a maximum of ten days per fiscal year. Furlough leave days for hourly employees will not exceed more than five days within a given pay period. Exceptions may be authorized by the board of trustees.

(7) Impacted faculty and staff are not permitted to perform work for Wright state university in the furloughed position while on a furlough leave. This requirement will be strictly monitored.

(8) No vacation, sick leave or compensatory time will be approved in lieu of a period of mandatory furlough leave. Additionally, paid holidays or other paid time off cannot be substituted for furlough leave days.

(9) Part-time employees with the identified full-time annualized salary threshold, as determined by the president or designee, shall be required to take furlough leave on a prorated basis.

(10) New employees who have six months or less service with the university at the time of an enactment of mandatory furlough leave will be exempted from furlough leave within that fiscal year. However, new employees with more than six months of service with the university, at the time of an enactment of mandatory furlough leave, who meet the annualized salary threshold, will be required to take mandatory furlough leave days.

(11) Except for mandatory furlough leave days, scheduled by the president or designee, voluntary furlough leave must be requested and scheduled by the respective college, school or division at a time most operationally feasible for the area.

(12) Supervisors may not permit hourly employees to work overtime in a week in which there is mandatory and/or voluntary furlough leave. Overtime should not be used to subvert furlough leave requirements.

(13) Furlough leave days may be taken in eight hour to four hour increments only, except for those part-time employees whose prorated leave requirement is not evenly divisible by four.

(14) Non-bargaining unit faculty members may not schedule furlough leave for times in which they are scheduled to teach except in the event of any major university crisis.

(15) Reduction of retirement benefits will be experienced as a result of mandatory and/or voluntary furlough leaves.

(16) Employees remain responsible for all applicable payroll deductions during a furlough leave.

(17) All furlough leave days shall be documented on monthly leave reports and bi-weekly timesheets as "furlough leave" for payroll and leave records. Leave accruals will continue with the use of a specific furlough leave code on bi-weekly time sheets and monthly leave reports.

(18) The Wright state board of trustees through direction given to the president or designee has the ability to modify this policy in instances of a major university crisis.

(D) Dispute resolution

Mandatory furlough leaves are final and binding and are not eligible for dispute resolution. However, concerns with regard to voluntary furlough leaves, should be addressed through your regular chain of command. You may also choose to address concerns through the informal and/or formal dispute resolution processes.

(E) Resources

Human resources (937) 775-2120

https://www.wright.edu/human-resources/policies-and-resources/human-resources-business-partners

Payroll department (937) 775-2249

http://www.wright.edu/business-and-finance/financial-and-business-operations/ payroll/overview

Effective: 3/15/2018
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03