Chapter 3359-26 General Staff Information, Policy and Procedures

3359-26-01 General information.

(A) The following items address policies, procedures and benefits that are available to the university of Akron staff employees. Individuals governed by the articles of collective bargaining agreements should refer to contractual language of such agreements for certain provisions.

(B) The university of Akron follows the provisions of Revised Code in adopting human resource policies and procedures. Since these items are subject to change as rules and regulations are modified, new pages with corrected information will be provided for insertion in this handbook. However, it is the responsibility of employees to ask questions, to keep information relevant to university policies and procedures, and to insert applicable communications into this manual as they become available.

(C) Some policies and procedures may refer to "exempt" or "non-exempt staff." The term "exempt" includes biweekly salaried staff personnel who are not eligible for overtime. Exempt staff members are not required to complete payroll time records. The term "non-exempt" includes hourly classified and unclassified staff personnel who are eligible for overtime. Non-exempt staff members, whether full-time or part-time, are required to complete payroll time records.

(D) Also the civil service of the state is divided into the classified service and the unclassified service as defined by section 124.11 of the Revised Code. All staff employees are appointed to the classified service unless specifically exempted through provisions of the code.

(E) It is expressly agreed and understood that these policies and procedures create no expectancy of employment, continued employment, or re-employment of the employee, upon which the employee may rely; and, that no services of the employee can be counted or used toward any expectancy of employment, re-employment or continued employment at the university of Akron, the branch campus or any of the university's other affiliates.

Replaces: 3359-26-01

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 05/22/91, 03/01/93

3359-26-02 General staff personnel policies and procedures.

(A) Accidents and injuries on the job.

(1) Any work related injury or illness, no matter how minor, must be reported to the employee's supervisor, as soon as possible. The supervisor will, after attending to the injury, make a report of the incident and submit it to the office of environmental health and occupational safety. An investigation of the accident may be conducted by the director, environmental health and occupational safety.

(2) Each university staff employee is protected by the provisions of the worker's compensation law of Ohio which covers expenses for medical care as well as certain compensation benefits in lieu of salary loss. For work related illnesses and injuries, medical care costs are not covered by the university group health plan.

(B) Appointing authority.

"Appointing authority" means the officer having the power of appointment to, removal from, audit, reduction or suspension of positions or employees in any office, department, or unit within the institution.

(C) Audits/position classification.

(1) A classified employee or an employee's supervisor may request a review of the employee's position from the university appointing authority. Upon receipt of a signed, written request for a position audit, the appointing authority will forward a position description/audit questionnaire. The completed questionnaire, reviewed and signed by the appropriate administrative unit head, dean/director, and vice president, should be forwarded to the appointing authority for review. An audit may result in a higher, lower, lateral or no reclassification. An employee who is not satisfied with the results of the audit may request a review of the original determination. This review must be requested in writing to the appointing authority, who may request additional information and/or perform a desk audit. After review and final determination by the appointing authority, a classified employee may within thirty days of such final notification, appeal the audit results to the state personnel board of review.

(2) Requests for audits of a position, from either the incumbent or the appointing authority, may not be requested more than once a year. A classified employee may request only one position audit per year unless the employee provides, at the time of the request, documentation showing that the duties of the position have been substantially changed since the date of the completion of the previous audit. The "one-year period" is defined as one calendar year from the date which appears on the original notification letter of the most recent position audit.

(3) Unclassified staff employees should refer to the position and salary administration program for information on audits/position classification.

(D) Breaks.

Although rest periods are not officially provided for under state civil service laws, departments may allow two fifteen-minute breaks during each eight hour day. The first break is generally taken midmorning; the second is taken mid-afternoon. Supervisors will determine whether such breaks would hinder efficient departmental operation at certain times. Breaks are a privilege rather than a right; misuse of break periods or over-extending them may result in this privilege being revoked. Unused break periods are not cumulative, and may not be used to arrive late or leave work early.

(E) Discipline and discharge.

(1) At the university of Akron, there are occasions when employees fail to meet performance standards or to abide by university policies, procedures, and rules governing appropriate conduct on the job. In order to deal with such situations in a fair and consistent manner, the university has developed a disciplinary policy and procedures designed to improve productivity and morale, and not merely to punish. The disciplinary program will assure employees of the following:

(a) The university will respond in a consistent and predictable manner if an employee violates the rules.

(b) Disciplinary matters will be handled in a confidential and expeditious manner.

(c) Employees will be told what is expected of them and the possible consequences if they do not live up to performance expectations.

(d) Employees will be disciplined progressively except for instances where the seriousness of the offense may warrant bypassing one or all steps (i.e. illegal use of drugs).

(e) The discipline will be based on facts and not hearsay or opinion.

(f) Employees can appeal disciplinary actions through the university's internal grievance procedure or through the state personnel board of review.

(2) Disciplinary action is normally progressive in nature; that is, repetitions of causes for disciplinary action or a combination of offenses should lead to application of more serious disciplinary sanctions. Some actions, because of their seriousness, represent a threat to the safety and well-being of the individual, other employees, or students or to university operations, (i.e. use of illegal substances, absence in excess of three days without notification, etc.) and may warrant bypassing one or all steps of the disciplinary procedures. The following defines and outlines the suggested sequence of the various disciplinary actions.

(a) A verbal warning is an oral discussion between a supervisor and an employee who fails to meet performance standards or exhibits unsatisfactory behavior. Verbal warnings are generally issued for minor offenses and should be considered by the employee as a clear indication that a repetition of the offense may call for more serious disciplinary action. When a verbal warning is issued, the supervisor should take immediate constructive steps to help the employee avoid a reoccurrence of the offense.

(b) A written warning is more serious than a verbal warning and may become a permanent part of the employee's official record. A written warning is issued if the required corrective behavior from a previous verbal warning(s) is not exhibited within the specified time limits, or if the offense is of a serious nature. A copy of the written warning is given to the employee and the original is forwarded to personnel services to be placed in the employee's official file. When a written warning is issued, the supervisor should take immediate constructive steps to help the employee avoid a reoccurrence of the offense.

(c) Continued unsatisfactory performance or the commission of a serious offense may serve as the basis for more severe disciplinary actions beyond a verbal or written warning. A suspension without pay can vary from one day to several weeks or months. A suspension is designed to give an employee some time to think over the seriousness of the offense and it is hoped that the employee will make a commitment to better behavior or performance in the future.

(d) A reduction in pay and or position may be on a permanent or temporary basis. Demotions are for situations in which an employee has been promoted and cannot handle the job or is no longer able to perform the regular duties in a competent manner. A removal is the most serious penalty that can be imposed and should be used with care in the event that a previous progressive discipline has not achieved the corrective behavior or when a serious offense has been committed.

(3) A staff member may be disciplined, suspended, discharged, or reduced in pay or position for the following types of unsatisfactory conduct: incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, failure of good behavior, or any acts of misfeasance, malfeasance, or nonfeasance.

(F) Employee records.

(1) Necessary job-related and personal information about each staff employee will be retained in an official personnel file maintained by and in human resources. The contents of each file will include: basic identifying information (name, address, and job title), completed employment application or other hiring related documents, notices of pay changes, information on benefit coverage, performance evaluations and information on other employment related actions (promotions, training, disciplinary, etc.), and other job related information deemed essential by the university. Essential records of current and former employees will be retained as necessary.

(2) Access to personnel files will be provided only in the presence of a university official, and at a mutually convenient time and place. Staff employees who question the accuracy or completeness of information in their file should discuss such concerns with their supervisor and the appointing authority. Any erroneous or improper information will be removed. Should disputed information be retained in the file, the employee may submit a brief written statement identifying the alleged errors or inaccuracies. The statement will remain in the file as long as the disputed information is retained.

(G) General rules of conduct.

Staff members should not engage in conduct that is dishonest or fraudulent nor should they accept duties, obligations, gifts or favors of monetary value or engage in private business or professional activities which conflict with the interests and policies of the university of Akron and the state of Ohio.

(H) Grievances.

A grievance is a complaint or disagreement that may result from any situation in which an employee or group of employees believe that they have been unjustly treated. Grievance situations may include but are not limited to: working conditions and environment; relationships with supervisors and with other employees and officials; and/or management decisions in the application of established procedures. Grievances involving discrimination are not proper within the framework of the grievance procedure, and should be referred to the university's affirmative action officer.

(1) General provisions.

(a) For the purposes of the grievance policy in paragraph (H) of rule 3359-26-02 of the Administrative Code, the term "employee(s)" refers to a classified or nonclassified staff member who is not represented by a bargaining unit. The term "fellow employee" refers to any university employee who has not initiated the grievance procedure but one that is participating in the process as a witness. There are no restrictions on the type of employee who may serve as a witness (i.e. staff, faculty, contract professional, or bargaining unit staff).

(b) The grievance procedure may be utilized by employees who are currently employed on an active basis, or those not under suspension. Termination of employment during the grievance process will end the grievance.

(c) The employee has the right to be advised by legal counsel, if so desired.

(d) Only an employee who is directly affected has standing to file a grievance. Grievances may not be filed on behalf of an employee or group of employees.

(e) Filing deadlines noted for any step may be extended as a result of absence of either party due to approved leave, or with mutual written agreement.

(f) If a decision by supervision is not rendered within the agreed upon time limits, the grievance will automatically be moved to the next step of the grievance procedure.

(g) If the results of a grievance by an employee are not appealed within the time limits, the grievance will be considered withdrawn.

(h) All time limits are working days.

(i) The employee may present evidence and/or witnesses to meetings; however, a fellow employee who serves as a witness must secure permission from his/her supervisor to attend such meeting.

(j) The university may elect to request that an additional witness or appropriate group representative participate in any or all steps of the grievance procedure.

(k) All discussions regarding grievances will take place in a private setting.

(l) The burden of proof lies with the employee.

(m) The individual responsible for conducting any step meeting must be provided in advance names of all potential witnesses.

(n) The office of human resources should receive copies of each appeal step as it occurs.

(o) Grievances appealed to the courts or to the state personnel board of review will be considered to be withdrawn.

(p) Grievance procedures for a bargaining unit employee are reflected in the current contract with each respective union.

(2) Grievance procedure.

An employee who may have a grievance should attempt to resolve the matter informally with the immediate supervisor. Any grievance which cannot be informally resolved must be processed according to the steps indicated below:

(a) Step one.

An employee must reduce the grievance to writing and submit such grievance to the supervisor within five working days after the occurrence of the event upon which the grievance is based. The written grievance shall include the specific matter causing dissatisfaction, a statement of the relevant facts, and the specific remedy requested. The supervisor shall hold a meeting with the employee within five working days following the submission of the grievance to the supervisor.

Within five working days after such meeting, the supervisor will respond to the grievance in writing and return same to the employee.

An employee not satisfied with the response may appeal within five working days by returning the grievance to the supervisor and indicating in writing the desire to appeal the step one decision.

(b) Step two.

Within five working days after the receipt of the employee's notice of appeal, the employee, the employee's supervisor and the appointing authority will hold a step two meeting to discuss the grievance.

Within five working days after such step two meeting, the deputy appointing authority or designee will respond in writing to the grievance appeal.

If the employee is still not satisfied with the written response to the step two appeal, the employee may appeal the grievance to step three.

(c) Step three.

The employee will, within five working days, appeal to the step two response in writing through the employee's own reporting structure. This will begin with the person to whom the employee's supervisor reports, and follow through to the appropriate vice president/dean.

If the results of the written appeal through these steps are not satisfactory to the employee, the matter will be appealed to the associate vice president for talent development and human resources or designee. The appeal meeting will involve the employee, the employee's supervisor, and the appointing authority or designee.

Within five working days following this meeting, the associate vice president for talent development and human resources or designee will communicate to the employee the university's final written decision.

(I) Identification card.

University policy requires that each employee must carry a photo-identification card at all times when on the university of Akron property. These cards are the property of the university and must be returned when leaving university employment. An identification card is issued to each employee by the "ZipCard" office.

(J) Orientation program: new staff employees.

In order to familiarize each new full-time staff employee with university privileges and benefits and the campus, an orientation program is presented by benefits administration. New employees will be notified in writing, requesting attendance at orientation after their appointment date.

(K) Performance appraisal.

(1) The university expects all supervisors to evaluate employees at least once annually on the basis of job performance. This performance appraisal should accomplish:

(a) An enhanced supervisor-employee rapport and relationship through communication,

(b) Clarification and mutual understanding relative to performance and productivity expectations, goals, and measurement criteria, and

(c) Identification and documentation of the employee's performance strengths and/or deficiencies in a variety of categories thereby providing the basis for current and future personnel decisions, including but not limited to salary increases for unclassified staff

(2) In the event of a layoff, performance evaluations will determine efficiency points, which are a part of total retention points.

(L) Personal changes.

(1) Since complete and up-to-date employee records are essential, it is required that each employee report any of the following changes to personnel services:

(a) Name

(b) Address

(c) Telephone number

(d) Additional education and/or training

(2) The following changes need to be reported to benefits administration:

Any insurance related information, e.g., change of beneficiary for life insurance, addition or deletion of a dependent.

(3) The following information needs to be reported to the payroll office:

(a) Requested payroll deductions

(b) Income tax exemptions

(M) Political activity.

(1) No officer or employee in the classified service of the state, shall directly or indirectly, orally or by letter, solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription or contribution for any political party or for any candidate for public office; nor shall any person solicit directly or indirectly, orally, or by letter, or be in any manner concerned in soliciting any such assessment, contribution, or payment from any officer or employee in the classified service of the state; nor shall any officer or employee in classified service of the state be an officer in any political organization or take part in politics other than to vote as the employee pleases and to express freely political opinions.

(2) Complete details regarding political activities strictly prohibited and/or permitted appear in rule 123:1-46-02 of the Administrative Code.

(N) Position testing.

Certain staff positions at the university require that an applicant pass an appropriate clerical and/or skills test. The test will be scheduled by employment services. The cost of this test is paid by the university.

(O) Pre-employment physical examinations.

Certain staff positions at the university - law enforcement officer, day care and food service personnel, etc., - require that an applicant pass a pre-employment physical and/or psychological examination. Examinations are scheduled by employment services and are performed by a licensed physician and/or psychologist selected by the university. The cost of the required examinations is paid for by the university.

(P) Promotions and transfers.

(1) Current employees are eligible to apply for vacant positions, according to skills and interest, providing the employee meets all requirements for same. The "employment opportunities bulletin" is published by employment services for campus distribution. All faculty, administrative, and staff positions currently open appear in this "bulletin." Some positions are restricted to employees who have been in their current position one year or longer. All applications must be received by the "deadline for applications" date indicated for the position. Probationary employees are not eligible to apply for another position.

(2) Eligible employees who are interested in applying for an available position must complete an applicant update form by the deadline date. "Employment Services, Administrative Services Building," accepts applications Monday through Friday, eight a.m. to four p.m.

(3) If an employee moves to a higher level position, the change is considered a promotion; if an employee moves to an equal or lower level position, the change is considered a transfer. These definitions apply whenever an employee moves from one position to another.

(4) A transfer is not usually accompanied by a wage or salary increase, while a promotion may be.

(5) No late bids will be accepted unless the employee has been on approved vacation and/or sick leave and the department has not completed the interviewing process. If the position should open up to the outside, any employee may apply at that time as an outside applicant.

(Q) Reassignment.

The university may reassign an employee from one assignment, building, work site, task, or shift to another within a job classification. No employee has any vested claim to performance of particular tasks within a particular job classification.

(R) Reduction of fees.

Staff employees and members of their families have been granted special educational privileges by the board of trustees, whereby eligibility accrues from employment as of the first day of the semester as summarized below:

(1) Employee fee reductions for full-time staff members.

(a) Credit courses.

(i) Any full-time university staff member (or retired full-time university staff member) shall be permitted to take two credit courses or six credit hours, whichever is greater, each semester, free of all charges, excluding late fees and including instructional and general fees, graduate level, laboratory, or other fees associated with these courses. Unused portions of these reductions are not cumulative.

(ii) Any full-time university staff member (or retired full-time university staff member) shall be permitted to take a total of four credit courses during the summer semester. The credit courses may be taken in any of the summer sessions comprising the summer semester. However, the aggregate of courses will not exceed four credit courses which will be free of all charges, excluding late fees and including instructional and general fees, graduate level, laboratory, or other fees associated with the courses. Unused portions of these reductions are not cumulative.

(b) Non-credit courses.

(i) Any full-time university staff member (or retired full-time university staff member) shall be permitted to take two non-credit courses per semester (i.e., combined summer, fall, spring), which shall not affect his or her eligibility for credit fee reduction enrollment.

(ii) Some courses are not available for students using non-credit course fee reduction (AutoCAD, "Microsoft NT," polymer science courses, etc.). A list of such courses will be maintained by the division of university of Akron (UA) solutions.

(iii) All individuals using fee reduction for non-credit courses will be placed on a waiting list in the division of continuing education (with a university of Akron designation assigned) on a first-come, first-served basis, until class meets minimum paying enrollment. These individuals will pay such costs as materials, supplies, lab fees, etc.

(2) Fee reductions for relatives of full-time staff employees - the instructional fees, or an amount equivalent to the graduate level credit fees for Ohio residents, or an amount equivalent to the school of law credit hour fees for Ohio residents shall be deducted from total fee charges for the following groups (general fees, course fees and other special fees not being affected):

(a) Unmarried and dependent children (including dependents of same sex domestic partners) of all full-time university staff while the parent is in the service of the university of Akron;

(b) Spouses and same sex domestic partners of all full-time university staff while one or both are in the service of the university of Akron. Spouses and same sex domestic partners of full-time university staff who are also employees may elect to receive fee reductions as an employee or a spouse or same sex domestic partners;

(c) Spouses and same sex domestic partners and unmarried and dependent children of deceased full-time university staff who were serving the university of Akron at the time of death; and

(d) Spouses and same sex domestic partners and unmarried and dependent children of all retired full-time university staff.

(e) For purposes of fee reductions:

(i) Spouses refer to individuals who have contracted the legal status of a marital relationship through religious or civil solemnized marriages and complied with all the statutory requirements pursuant to applicable law; and shall not include common law marriages which may be otherwise recognized under Ohio law or other relationships between persons not legally capable of making a marriage contract under Ohio law.

(ii) Same sex domestic partners must complete the university affirmation of same sex domestic partnership.

(iii) Unmarried and dependent children include natural, adopted and stepchildren for whom the full-time employee or same sex domestic partner (or surviving spouse) provides more than fifty per cent support during the academic period for which education benefits are sought and who are not married at the start of the academic period for which education benefits are sought. The employee may be required to submit proof of dependency to the university auditor on request.

(iv) The term support shall include the provision of food, clothing, shelter, medical and dental care, provision of accident and health insurance, transportation, recreation, child care expenses and other generally recognized indicia of financial assistance.

(f) Spouses and same sex domestic partners and dependents are not eligible for fee reduction of non-credit courses.

(3) Employee fee reduction for part-time staff members.

(a) Eligibility: A part-time staff member is one who works twenty or more hours per week on a regular schedule and whose appointment indicates part-time status. Part-time staff who have worked at least one thousand forty hours in the previous twelve month period are eligible.

(b) Credit courses.

(i) Any part-time university staff member shall be permitted to take one credit course or three credit hours, whichever is greater, during a semester, free of all charges, excluding late fees, and including instructional and general fees, graduate level, laboratory, or other fees associated with these courses. Unused portions of these reductions are not cumulative.

(ii) Any part-time university staff member shall be permitted to take one credit course or three credit hours, whichever is greater, during a summer session. The aggregate of courses for which fee reduction will be received, during the sessions in the summer semester, will not exceed two credit courses, free of all charges, excluding late fees, including instructional and general fees, graduate level, laboratory, or other fees associated with these courses. Unused portions of these reductions are not cumulative.

(iii) Fee reductions must be used in the semester or summer session earned or the semester or summer sessions immediately following; except spring semester reductions may be used during the following fall semester. Only one reduction may be used during a semester or summer session and unused reductions or portions of these reductions are not cumulative. Qualifying part-time staff who will not make use of the fee reduction for themselves shall be permitted to transfer only the instructional fee reduction or a one course or three credit hours whichever is greater for an academic term to a qualifying spouse, same sex domestic partner or dependent child, under the conditions specified in paragraph (R)(2)(e) of this rule. Part-time staff are eligible for reduction of fees for non-credit courses pursuant to paragraph (R)(3)(c) of this rule, but are not eligible to transfer that benefit.

(c) Non-credit courses.

(i) Any part-time university staff member shall be permitted to take one non-credit course per semester (i.e., combined summer, fall, spring), which shall not affect his or her eligibility for credit fee remission enrollment.

(ii) Some courses are not available for students using non-credit course fee reduction (AutoCAD, "Microsoft NT," polymer science courses, etc.). A list of such courses will be maintained by the division of UA solutions.

(iii) All individuals using fee reduction for non-credit courses will be placed on a waiting list in the division of UA solutions (with a university of Akron designation assigned) on a first-come basis, until class meets minimum paying enrollment. These individuals will pay such costs as materials, supplies, lab fees, etc.

(4) General provisions.

(a) No reductions of residence hall room and board fees shall be granted to any person except members of the resident advisory staff.

(b) The requirements of residence in Ohio for one year before the first day of any term or semester to be eligible for reduction of nonresident tuition charges shall be waived for employees who are entitled to fee reductions.

(c) Eligibility for fee reductions for employees or relatives is determined by employment status on the first day of the course.

(d) An individual may receive fee reductions under only one eligibility category (e.g., full-time university faculty, part-time faculty, full-time staff, spouse or dependent) during any one academic period.

(e) Full-time employees with nine-month appointments are eligible for fee reductions during the summer if reappointed the following academic year.

(5) Fee reductions may be taxable income to the full-time staff employee.

(6) Employees wishing to take advantage of the educational opportunities available at the university and their fee reduction benefits are encouraged to schedule classes outside the normal work day. However, with approval from the department head prior to each semester enrolled, work hours may be rescheduled to accommodate class attendance.

(7) Time spent away from work attending classes must be made up the same day the class is scheduled. This may be done by extending the work day, using the lunch period, taking leave without pay or vacation leave, or a combination of the preceding. Class attendance during the normal work day is limited to one class.

(8) Educational assistance program (Internal Revenue Code section 127).

The university of Akron has created, as an exclusive benefit for its employees, this educational assistance program. It is the intent of the university to seek to provide this educational assistance program, the benefit of which shall be to seek to exclude all assistance provided hereunder from an employee's income to the extent allowable under Internal Revenue Code section 127. This fee reduction educational assistance program shall only extend to university employees taking courses at the university of Akron. Eligibility accrues from employment as of the first day of the semester. It is the intent of the university that the provisions of this program shall not apply to graduate assistants who may otherwise qualify for tax exemption of fee reduction pursuant to a separate university program.

(a) Employee fee reductions for full-time staff members.

(i) Credit courses.

Any full-time university staff member (or retired full-time university staff member) shall be permitted to take two credit courses or six credit hours, whichever is greater, each semester, free of all charges, excluding late fees and including instructional and general fees, graduate level, laboratory, or other fees associated with these courses. Unused portions of these reductions are not cumulative.

Any full-time university staff member (or retired full-time university staff member) shall be permitted to take a total of four credit courses during the summer semester. The credit courses may be taken in any of the summer sessions comprising the summer semester. However, the aggregate of courses will not exceed four credit courses which will be free of all charges, excluding late fees and including instructional and general fees, graduate level, laboratory, or other fees associated with these courses. Unused portions of these reductions are not cumulative.

(ii) Non-credit courses.

(a) Any full-time university staff member shall be permitted to take two non-credit courses per semester (i.e., combined summer, fall, spring), which shall not affect his or her eligibility for credit fee remission enrollment.

(b) Some courses are not available for students using non-credit course fee reduction (AutoCAD, "Microsoft NT," polymer science courses, etc.). A list of such courses will be maintained by the division of UA solutions.

(c) All individuals using fee reduction for non-credit courses will be placed on a waiting list in the division of continuing education (with a university of Akron designation assigned) on a first-come, first-served basis, until class meets minimum paying enrollment. These individuals will pay such costs as materials, supplies, lab fees, etc.

(b) Employee fee reduction for part-time staff members.

(i) Eligibility: A part-time staff member is one who works twenty or more hours per week on a regular schedule and whose appointment indicates part-time status. Part-time staff who have worked at least one thousand forty hours in the previous twelve month period are eligible.

(ii) Credit courses.

(a) Any part-time university staff member shall be permitted to take one credit course or three credit hours, whichever is greater, each semester, free of all charges, excluding late fees, and including instructional and general fees, graduate level, laboratory, or other fees associated with these courses. Unused portions of these reductions are not cumulative.

(b) Any part-time university staff member shall be permitted to take one credit course or three credit hours whichever is greater during a summer session. The aggregate of courses for which fee reduction will be received, during the sessions in the summer semester, will not exceed two credit courses, free of all charges, excluding late fees, including instructional and general fees, graduate level, laboratory, or other fees associated with these courses. Unused portions of these reductions are not cumulative.

(iii) Non-credit courses.

(a) Any part-time university staff member shall be permitted to take one non-credit course per semester (i.e., combined summer, fall, spring), which shall not affect his or her eligibility for credit fee remission enrollment.

(b) Some courses are not available for students using non-credit course fee reduction (AutoCAD, "Microsoft NT," polymer science courses, etc.). A list of such courses will be maintained by the division of UA solutions.

(c) All individuals using fee reduction for non-credit courses will be placed on a waiting list in the division of UA solutions (with a university of Akron designation assigned) on a first-come basis, until class meets minimum paying enrollment. These individuals will pay such costs as materials, supplies, lab fees, etc.

(c) General provisions.

(i) No reductions of residence hall room and board fees shall be granted to any person except members of the resident advisory staff

(ii) The requirements of residence in Ohio for one year before the first day of any term or semester to be eligible for reduction of nonresident tuition charges shall be waived for employees who are entitled to fee reductions.

(iii) Eligibility for fee reductions for employees or relatives is determined by employment status on the first day of the course.

(iv) An individual may receive fee reductions under only one eligibility category (e.g., full-time university faculty, part-time faculty, full-time staff, spouse or dependent) during any one academic period.

(v) Full-time employees with nine-month appointments are eligible for fee reductions during the summer if reappointed the following academic year.

(vi) Fee reductions may be taxable income to the full-time staff employee.

(9) Employees wishing to take advantage of the educational opportunities available at the university and their fee reduction benefits are encouraged to schedule classes outside the normal work day. However, with approval from the department head prior to each semester enrolled, work hours may be rescheduled to accommodate class attendance.

(10) Time spent away from work attending classes must be made up the same day the class is scheduled. This may be done by extending the work day, using the lunch period, taking leave without pay or vacation leave, or a combination of the preceding. Class attendance during the normal work day is limited to one class.

(S) Responsibilities.

(1) It is the university's responsibility to manage its operations and facilities, and direct its personnel. This responsibility includes determining when and the manner in which work is to be performed, assigning such work to employees and establishing the number and size of work units. It also includes the right to transfer, alter, revise and/or eliminate any or all methods, processes, materials, work schedules and services in accordance with the needs of the university, as determined by the university. With regard to hiring, suspensions, discharge, removal, transfer and layoff, the aforementioned rights shall be in accordance with the applicable provisions of the Ohio Revised Code, as amended, and/or institutional policies as applicable. The right to manage includes the authority to establish policies and procedures governing and affecting the operation of the university.

(2) It is the employee's responsibility to provide service to students, colleagues within the university, and the public in the most courteous, expedient and efficient manner possible.

(T) Solicitation of funds.

The solicitation of funds by individuals or groups is not permitted without the approval of the president of the university. This includes advertising the sale of tickets on campus for non-university affairs, etc. The endorsement of products by an employee is not considered appropriate whenever the employee's connection with the university is either obvious or implicit. The solicitation of advertising for any publication bearing the university's name must be approved by the president or other authorized representative.

(U) Transfer of service and sick leave.

(1) In certain instances, a state employee with prior state agency service credit may be entitled to an adjustment of the basis on which sick leave or vacation eligibility is determined.

(2) Transfer of service credit from another state agency to the university:

(a) If an employee has prior service with another state agency, the employee must request that a written verification - including service dates, status, and/or sick leave - be sent to personnel services. A separate verification must be submitted for each instance of service with another state agency.

(b) Transfer of prior service credit will be effective on the first day of the pay period during which official verification of service is received by personnel services.

(c) The university of Akron does not recognize student employment for the purpose of adjusting service dates.

(3) Transfer of university service to other state agencies:

(a) If a current or former employee requests transfer of prior service and/or sick leave to other state agencies, the employee must submit a written request to personnel services. In order to insure correct and expedient processing, the requestor should provide service dates with the university and position held.

(b) Prior service or sick leave credit transferred to the university will not affect the "School Employees Retirement System" service credit records.

(V) Uniforms.

The university provides uniforms for certain employees who are required to wear attire other than personal clothing in the normal pursuit of their duties. All employees will be required to wear uniforms provided.

(W) Voting time.

University staff members are encouraged to participate in local and national elections. However, employees are encouraged to vote either before or after regularly scheduled work hours or during lunch breaks.

(X) Work schedules.

(1) A normal work week at the university consists of five consecutive eight hour days, and normal office hours are Monday through Friday, eight a.m. to five p.m. Some offices or functions of the university operate on other scheduled working hours and/or days in order to meet the needs of the university. Each employee will be notified by the employee's supervisor regarding regular shift beginning and ending times as well as regularly assigned work days.

(2) In certain job classifications, or in certain situations, overtime work or work before/after the regular shift may be mandatory. If the supervisor requests that the employee work overtime, the employee is expected to comply.

Effective: 6/27/2016
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 05/22/91, 08/16/91, 09/04/91, 07/31/92, 01/20/00, 05/27/02, 01/27/03, 02/22/03, 05/23/03, 04/25/04, 05/29/05, 06/25/07, 06/30/11, 11/01/13, 12/26/13, 06/27/14, 02/01/15

3359-26-03 Compensation.

(A) Overtime and compensatory time - Fair Labor Standards Act.

(1) Although every effort should be made to keep hours worked within the normal forty-hour week, overtime may be necessary. The Fair Labor Standards Act (FLSA), amended in 1985, provides regulations for governing the use of overtime and compensatory time. All overtime work must be approved by the supervisor and reported on the employee's time record. Compensatory time off must be taken at a time mutually convenient to both the employee and the supervisor.

(2) In certain job classifications, or in certain situations, overtime work or work before/after the regular shift may be mandatory. If the supervisor requests that the employee work overtime, the employee is expected to comply.

(a) Guidelines for overtime pay.

(i) FLSA and section 124.18 of the Revised Code specify that a non-exempt employee is entitled to overtime pay at the rate of one and one-half the normal rate of pay for the authorized hours in an active pay status that are in excess of forty hours per week. The use of sick leave shall not be considered to be active pay status for the purposes of earning overtime.

(ii) All overtime work must be approved by the supervisor and placed on the employee's time record.

(b) Guidelines for accumulation and use of compensatory time.

(i) FLSA and section 124.18 of the Revised Code specify that a non-exempt employee may use compensatory time off at the rate of one and one-half hours for the authorized hours in an active pay status that are in excess of forty hours per week. The use of sick leave shall not be considered to be active pay status for puposes of earning compensatory time.

(ii) All compensatory time earned and taken must be approved by the supervisor and placed on the employee's time record. No retirement system credit will be awarded for a day on which all hours reported and paid are compensatory.

(iii) The total amount of compensatory time accrued may not exceed two hundred forty hours; compensatory time should be utilized within one hundred eighty calendar days of accrual. Police officers may accrue a maximum of four hundred eighty hours of compensatory time. The supervisor and/or department head signing the time record is responsible for monitoring the one hundred eighty day and two hundred forty hour limits. In the event that accrued compensatory time earned exceeds a total of two hundred forty hours, the employee will be paid for the excess and the balance of the accrued compensatory time earned will be reduced accordingly.

(iv) At the time of resignation, retirement or termination, an employee will receive payment for all accumulated compensatory time at the hourly rate of pay in effect at the time of separation.

(v) If an employee is transferred or promoted to another department within the university, all accrued compensatory time will be transferred with the employee to the new department or the employee may request payment of accrued unused compensatory time at the hourly rate in effect at the time of transfer. The transfer or pay decision will be communicated to the payroll department by memo initiated and signed by the employee and approved by the department head.

(vi) A department may prescribe such additional requirements for the accrual and utilization of compensatory time as are deemed appropriate and necessary for the effective management of the unit; these may include stipulations regarding the number of consecutive days on which compensatory time may be used, the amount of notice necessary to request approval for the use of compensatory time, etc.

(c) If an employee is requested and/or required to work more than eight hours in a particular day, such employee may be required to take equivalent time off within the same week. This exchange/substitution procedure is considered "flexible time" and neither overtime nor compensatory time provisions will apply unless the total hours in an active pay status exceed forty in a particular week.

(B) Pay and payroll deductions.

(1) The university of Akron observes an eighty hour pay period and each staff employee is paid every other Friday for the prior biweekly pay period. Arrangements may be made for the direct deposit of pay by contacting the payroll office

(2) In order to comply with federal, state and local laws, the university must regularly deduct from an employee's paycheck federal income taxes, state income taxes, city income taxes, Retirement system contributions, and medicare taxes (for employees hired after April 1, 1986).

(3) In addition, there are other deductions which the university will withhold at the employee's request; these include savings bond(s) payments, united way contributions, Akron teachers credit union deposits, certain annuities, and donations to university development funds, etc.

Replaces: 3359-26-03

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 05/22/91, 03/01/93, 05/24/02

3359-26-04 Absence from campus.

(A) All non-exempt staff employees are required to request and have approved by their supervisor all absences from campus for each instance involving vacation, sick leave, death of a member of the immediate family, leave without pay, military leave, and/or court leave.

The department is responsible for maintaining an internal process for such requests and approvals that is used consistently with all departmental exempt and non-exempt staff employees. Provisions in the collective bargaining agreement that refer to the request, use and approval of specific types of leave must be followed for employees covered by such an agreement. All approved absences must be reported on the employee's official time record.

Documentation may be required for certain types of absences.

(B) Holiday schedule.

(1) The university of Akron observes ten holidays annually:

Christmas day

Memorial day

Columbus day

New Year's day

Independence day

Presidents' day

Labor day

Thanksgiving day

Martin Luther King day

Vererans day

(2) The dates on which these holidays are to be observed will be announced annually.

(3) If a holiday falls on Sunday, it will be observed on the following Monday; if a holiday falls on Saturday, it will be observed on the preceding Friday.

(4) If a holiday occurs during a period of active pay status - which includes approved sick leave, leave with pay, or vacation - the employee will be paid for the holiday. In order to qualify for holiday pay, an employee must be in an active pay status on regularly-scheduled work days both prior and subsequent to the holiday.

(5) If it is essential that university offices remain open on a day designated as a holiday (ex: Veterans day):

(a) Any full- or part-time classified or unclassified non-exempt employee required to work on a designated holiday will be entitled to one and one-half times the regular rate of pay - either in the form of actual pay or compensatory time for the hours actually worked; such overtime will be in addition to the employee's normal pay for the holiday.

(b) Any full- or part-time exempt staff employee required to work on a designated holiday will be entitled to time off equal to the number of hours actually worked; such time off will be in addition to the normal pay for the holiday and is to be taken at the approval of the supervisor.

(6) If the university is officially closed at five p.m. on the day prior to a board of trustees' approved holiday (ex: Wednesday prior to Thanksgiving):

(a) For employees whose normally scheduled work day falls all or in part after five p.m., an effort may be made by the supervisor and employee to reschedule those hours within the same work week. Otherwise, the employee will be expected to work the normal schedule. If the hours are not worked or rescheduled, the employee may utilize vacation leave in order to be paid.

(b) Part time employees are entitled to holiday pay for that portion of any holiday for which the employee would normally have been scheduled to work.

(C) Family and medical leave.

(1) Under the Family and Medical Leave Act of 1993 ("FMLA"), up to twelve weeks of leave without pay during any twelve-month period are provided to eligible employees for certain family and medical reasons. Employees are eligible if they have been employed by the university for at least twelve months, this twelve-month period need not be consecutive, and worked at least one thousand two hundred fifty hours ( 0.6 FTE) over the twelve-month period preceding the leave. FMLA leave without pay will be granted for any of the following reasons:

(a) The birth of a child, the care of a newborn child, or placement of a child with the employee for adoption or foster care;

(b) A serious health condition of the employee that renders him or her unable to perform his/her job functions; or

(c) In order to care for an employee's child, spouse, or parent who has a serious health condition.

(d) A "qualifying exigency" arising out of the fact that the employee's spouse, child or parent is called to covered active duty (or notified of an impending call or order to active duty) with the armed forces, including the national guard and reserves. Covered active duty means duty during deployment of the armed forces member to a foreign country. A qualified exigency may include short-notice deployment, attending military events, arranging for alternative childcare. addressing financial and legal arrangements, seeking counseling, attending post-deployment activities, and other similar circumstances.

(e) Leave related to a child's birth or placement for adoption or foster care must be completed within the twelve-month period beginning on the date of the birth or placement.

(2) A leave of absence of up to twenty-six weeks in any single twelve-month period (rolling forward) will be granted to eligible employees for the following purposes:

(a) To care for a covered family member or next-of-kin (nearest blood relative) who has a serious injury or illness incurred by the service member in the line of duty on active duty in the armed forces (or existed before the active duty began and was aggravated in the line of active duty in the armed forces) and that may render the service member medically unfit to perform his/her duties. The service member must be:

(i) undergoing medical treatment, recuperation or therapy:

(ii) in outpatient status: or

(iii) on the temporary disability retired list for the serious illness, or injury.

(b) To care for a veteran who is a covered family member or next-of-kin (nearest blood relative) who has a qualifying serious injury or illness incurred by the member in the line of duty on active duty in the armed forces (or existed before the member's active duty began and was aggravated by service in the line of active duty in the armed forces) and that manifested itself before or after the member became a veteran. The veteran must be undergoing medical treatment, recuperation, or therapy for the serious injury or illness and have been a member of the armed forces during the five years preceding the date on which the veteran underwent the medical treatment, recuperation, or therapy.

(c) Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed twenty-six weeks in any single twelve-month period.

(3) Subject to the provisions of the applicable policies, paid vacation leave or paid sick leave may, at the employee's option, be substituted for leave without pay while on FMLA leave.

(4) If the employee fails to provide at least thirty days' advance notice when the leave is clearly foreseeable leave may be delayed until at least thirty days after the date the employee provides notice to the employer. If the employee fails to provide a medical or other certification to support a request for leave, leave may be delayed until certification is provided. If the employee never produces certification then the leave is not FMLA leave. The university may, at its own expense, request a second and/or third opinion. If the employee or employee's family member fails to authorize his/her health care provider to release all relevant medical information pertaining to the health condition at issue, as requested by the health care provider for the second/third opinion, the university may deny the taking of FMLA leave. However, if the university requests a second and/or third opinion, and the employee authorizes his/her health care provider to release the relevant medical information, the employee is provisionally entitled to the FMLA leave pending the employer's receipt of the relevant medical information.

(5) Group health benefits will be continued for the duration of an FMLA leave. Upon return, an employee will be restored to his or her original or an equivalent position with equivalent pay, benefits and other employment terms.

(6) A "rolling" twelve-month period measured retrospectively from the date an employee uses any FMLA leave shall be used to determine the "twelve-month period" in which the twelve weeks of FMLA leave entitlement occurs.

(7) Family and medical leave may be used on a continuous basis. It may also be used on an intermittent basis, or as a reduced work schedule as provided by law. Application for FMLA is made to human resources, and approval of the request made by human resources.

(8) When intermittent or reduced work schedule leave is foreseeable due to planned medical treatment, the employee must make reasonable efforts to schedule the treatment so as not to unduly disrupt the university's operation, and the university may temporarily transfer the employee to an alternative position for which the employee is qualified, if it better accommodates these recurring periods of leave.

(9) Nothing in this section shall be deemed to create any additional benefits, rights, or entitlements to employees beyond those provided by the provisions of the FMLA or applicable law of the state of Ohio. For the purpose of implementing this FMLA policy, the definitions and provisions of the FMLA in effect at that time shall be followed when necessary to ensure compliance with the law.

(D) An employee may be granted approved leave of absence without pay for military service, parental leave, convalescence (if sick leave is not applicable or exhausted), certain personal reasons, and/or training. The leave of absence must be approved in advance by the supervisor and must be accompanied by acceptable written justification. Such request shall state the reason for and the dates of the leave. Length of leave of absence can vary for different reasons, but normally extends to no more than six months.

(E) If it is determined that an approved leave of absence is not being used for the purpose for which it was granted, the university may require the employee to return to work or be subject to appropriate discipline as specified in Ohio Revised Code.

(F) Reduced workweek policy.

Staff employees who wish to work a reduced work week during the summer sessions or at other times of the year may request leave without pay. Reduction in working hours will require the permission of the employee's supervisor. Staff privileges and benefits will remain in effect for eligible full-time employees.

(G) Sick leave for non-exempt employees.

(1) Sick leave is defined as the authorized absence from duties for the following reasons:

(a) Personal illness, pregnancy, or injury,

(b) Exposure to contagious disease which could be communicated to other members of the university family,

(c) Illness, injury or death (to a maximum of five days) in the employee's immediate family, or

(d) Medical, psychological, dental, or optical examination or treatment of the employee or a member of the immediate family.

Definition of immediate family: the employee's immediate family is limited to the employee's spouse, same sex domestic partner, parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, or a legal guardian or other person who under Ohio law is legally recognized to stand in the place of a parent.

Where sick leave is required to care for a member of the immediate family, the department of benefits administration will require a physician's certificate to the effect that the presence of the employee is necessary to care for the ill person.

(2) The university reserves the right to require a physician's certification or other verification in all instances of paid leave. When such certification or verification is required, it shall be collected by the department of benefits administration for audit and retention.

The absence from duties must be approved by the administrator to whom the individual on sick leave is responsible.

(3) Unexcused absence or failure to give proper notification may result in the absence being charged to leave without pay and may also be cause for disciplinary action. Falsification of either a written, signed statement or a physician's certificate shall be grounds for disciplinary action including dismissal. Except in instances due to extended illness or injury, monthly or annual absences greater than the number of hours or days accrued may be considered excessive.

(4) Sick leave is accrued at the rate of 4.6 hours per eighty hours of active pay status. Only accrued sick leave hours can be requested for authorized paid absences. Sick leave will be charged only for the non-overtime hours an employee is regularly scheduled to work but absent. Employees are not permitted to change a sick leave request once a work day has started (i.e. sick leave to vacation).

(5) A non-exempt employee who is unable to report for work, and who is not on previously approved vacation, sick leave, or leave of absence, shall be responsible for notifying the immediate supervisor, or other individual designated by the supervisor, that the employee will be unable to report to work on that day and each appropriate day thereafter. This notification must be made within one-half hour after the time the employee is scheduled to report for work, unless emergency conditions prevent such notification.

(6) When an employee's duties are part of a function which operates twenty-four hours a day, seven days per week - i.e., police, etc. - and such employee is unable to report for work, the employee shall notify the immediate supervisor at least two hours prior to the scheduled work time.

(7) In the case of any absence for illness or injury, the university may require a physician's statement specifying the employee's inability to report to work and the anticipated date of recovery. The employee shall be responsible for notifying the immediate supervisor, or other designated individual, whenever the employee is placed under a physician's care and not released to work or hospitalized, unless such condition precludes notification. The employee shall be responsible for notifying the immediate supervisor, or other designated individual, regarding the anticipated date of recovery and return to work.

(8) In all cases of leave for illness or injury, the university may require written certification by a physician attesting to an employee's fitness to return to work.

(H) Maternity leave. Upon delivery, an employee who is on active pay status shall, in the ordinary course of recovering from either a vaginal birth without complication, be entitled to use up to six weeks of accrued sick leave, or if a vaginal birth with complication as verified by a physician or cesarean birth, be entitled to use up to eight weeks of accrued sick leave, as long as the employee has accrued the requisite amount of leave, and if less, then shall be entitled, to use such lesser amount. In any event, the use of such accrued sick leave shall be at the employee's option to use however much time as the employee deems appropriate. If upon delivery of the child, the employee is not in active pay status, but becomes in active pay status within six weeks, in the case of a vaginal birth without complication, or eight weeks, in the case of a vaginal birth with complication as verified by a physician or cesarean birth, the employee shall be entitled to use accrued sick leave upon being in active pay status for the remainder of the six- or eight-week period, as applicable. In any event, after using (or not using) such accrued sick leave, a full-time employee is granted twenty working days of paid maternity leave not taken from accrued sick leave. In addition to the paid maternity leave for full-time employees, an eligible employee who thereafter is physically unable to perform her duties may elect paid sick leave on the same terms that sick leave is available for any other illness, injury, or disability. In addition, the employee is entitled to FMLA leave if a pre- or post-delivery employee wishes to be absent from work for a period of time longer than the period of actual physical disability (see Family and Medical Leave in paragraph (C) of this rule). Use of maternity leave shall count as part of the twelve-week FMLA leave.

(I) Paternity leave. A full-time employee who is on active pay status upon a pregnant spouse's delivery is granted, within one-hundred and eighty days of the delivery, twenty working days of paid paternity leave which will not be taken from accrued sick leave, but counted as part of FMLA leave.

(J) Adoptive and foster parent leave. Upon the adoption of a child or arrival of a foster child, a full-time employee who is on active pay status is entitled to twenty working days of paid leave which will not be taken from accrued sick leave, but counted as part of FMLA leave.

(K) Tardiness. An employee is expected to report for work at the scheduled starting time. Unreported, unexcused. and/or excessive tardiness may result in disciplinary action.

(L) Vacation.

(1) Non-exempt employees (full-time).

(a) A non-exempt, full-time university employee shall, after service of one year with the state, or any political subdivision of the state, have earned and will be due upon attainment of the first year of employment, and annually thereafter, eighty hours of vacation leave with full pay. One year of service shall be computed on the basis of twenty-six biweekly pay periods.

(b) The amount of annual vacation to which a full-time employee is entitled is determined by the number of accumulated years of service according to the following guidelines:

(i) Less than one year of service - no vacation,

(ii) One year, but less than eight years of service - eighty work hours,

(iii) Eight years, but less than fifteen years of service - one hundred twenty work hours,

(iv) Fifteen years, but less than twenty-five years of service - one hundred sixty work hours, and

(v) Twenty-five years of service - two hundred work hours.

(2) Non-exempt employees (part-time classified) - accrual commences effective January 1, 1999.

(a) A non-exempt, part-time classified university employee shall, after service of one year with the state, or any political subdivision of the state, have earned and will be due upon attainment of the first year of employment, and annually thereafter, pro-rated vacation leave with full pay. One year of service shall be computed on the basis of twenty-six biweekly pay periods.

(b) Formula for calculation (multiplying years of service times calculation factor):

Years of service

Calculation factor

0-7

.03875 x hours paid

8 -14

.05750 x hours paid

15 - 24

.07750 x hours paid

25 or more

.09625 x hours paid

(3) Vacation credit.

(a) An employee earns vacation credit as follows:

(i) 3.1 hours per biweekly pay period for those entitled to eighty hours per year,

(ii) 4.6 hours per biweekly pay period for those entitled to one hundred twenty hours per year,

(iii) 6.2 hours per biweekly pay period for those entitled to one hundred sixty hours per year,

(iv) 7.7 hours per biweekly pay period for those entitled to two hundred hours per year.

(b) Vacation credit can be accumulated to a maximum of that earned in three years of service. Any vacation accrued over the amount earned in a three-year period will be forfeited.

(c) Upon separation from employment payment for accrued and unused vacation leave shall be made upon separation of service from the university of Akron, upon death of the employee, or if the employee moves to part-time. Such payment will be made in a lump sum based on the rate of compensation at separation for any accrued but unused vacation leave, subject to a maximum of that earned in three years of service.

(4) The office of human resources shall establish a reporting system which shall provide for annual reporting by the dean or administrative director covering vacation accumulation and usage of each employee under the dean or director's supervision.

(5) Vacation leave may not be converted to sick leave unless the employee is admitted to or treated in a hospital or is under the treatment of a licensed physician and is not released to work. Written verification is required. Only those hours/days certified above may be converted to sick leave.

Replaces: 3359-26-04

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 05/22/91, 05/22/92, 07/31/92, 03/01/93, 08/10/98, 07/05/00, 09/11/00, 02/22/03, 06/25/07, 04/11/11, 06/30/11, 03/01/13, 05/09/14

3359-26-05 Separation from the university.

(A) Service with the university of Akron may be interrupted and/or terminated as a result of:

(1) Resignation.

(2) Retirement.

(3) Discharge for cause.

(4) Layoff or a reduction in force for a period of more than twelve consecutive months.

(5) Failure to respond to a return to work request within ten days, following layoff or at the expiration of an authorized period of leave.

(6) Failure to report for work or failure to report off work for a three-day period.

(7) Being on extended disability leave for a period of three years or longer.

(8) Non-renewal.

(B) Resignation.

In the event of a resignation, an employee should provide written notice to the immediate supervisor and to human resources at least two weeks in advance of the last working day at the university for non-exempt (hourly) employees and at least four weeks in advance of the last working day at the university for exempt employees.

(C) "Clearance Form."

A "Clearance Form" must be completed by all full-time and part-time regular employees who are exiting the university and may also be required for interdepartmental transfers. Payroll will not issue the final compensation check without a completed "Clearance Form." Clearance forms can be obtained from the human resources web page.

(D) Establishing last day worked.

A terminating employee's "last day worked" shall be the actual day on which the employee last performed assigned duties. The last day worked cannot be extended by use of accrued vacation, compensatory time or sick leave unless such sick leave has been certified by a physician. In the case of a retirement only, with the approval of the supervisor, accrued vacation or compensatory time may be used to extend the last day worked.

(E) Retirement.

Assistance with retirement processing for all employees considering retirement from school employees retirement system "SERS," public employees retirement system "PERS(LE)," state teachers retirement system "STRS," or an approved alternative retirement system "ARP" is coordinated by benefits administration. Initial contact with that office should occur no less than three months prior to the anticipated effective date of retirement.

(1) Payment of sick leave at the time of retirement.

(a) At the time of retirement from the university of Akron, an employee with ten or more years of service with the state of Ohio shall be compensated in an amount not to exceed one-fourth the value of accrued but unused sick leave credit based upon the employee's rate of compensation at the time of retirement. The maximum payment shall be two hundred forty hours.

(b) The payment of sick leave under this policy cancels the balance of sick leave accrued by the employee at the time of retirement. Payment will be made only once to any employee.

(2) Retirement contribution refund.

(a) If an employee leaves the university prior to retirement and wishes a refund of SERS, STRS or PERS(LE) contributions, the employee should contact SERS, STRS or PERS(LE) directly for information and forms.

(b) Contact benefits administration to schedule an exit interview to obtain information concerning insurance, retirement, vacation, completion of the "Clearance Form," etc.

(F) Other separations.

For other circumstances which result in an employee leaving the university -medical disability, involuntary termination, etc., - specific policies and/or procedures apply. Among these are Ohio civil service laws, local collective bargaining agreements, bureau of worker's compensation regulations, and selected university policies.

(G) Unemployment.

Employees who are temporarily unemployed during break periods and have assurance of work when the break period ends are not covered under the Ohio unemployment compensation laws and are ineligible for unemployment compensation benefits.

(H) Payment of compensatory time and unused vacation accrual at the time of separation:

(1) A non-exempt (hourly) employee will receive payment for all accumulated compensatory time at the hourly rate of pay in effect at the time of separation.

(2) Payment for accrued and unused vacation leave shall be made only upon separation of service from the university of Akron. Such payment shall be made in a lump sum based on the rate of compensation in effect at the time of separation for any accrued but unused vacation leave, subject to the following maximums:

(a) Exempt employees, eligible for vacation accrual, shall be compensated for a maximum of one hundred seventy-six hours.

(b) Non-exempt (hourly) employees, eligible for vacation accrual, shall be compensated for a maximum of that earned in three years of service.

Replaces: 3359-26-05

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 05/22/91, 11/24/01, 06/25/07, 05/09/14

3359-26-07 Staff employee advisory committee.

(A) The staff employee advisory committee, "SEAC," shall serve as an advisory body to the president. Matters involving collective bargaining shall not be referred to or addressed by the committee.

(B) The full committee shall meet annually with the president. The executive officers meet with the president quarterly or as needed. Meeting minutes shall be made available for all full-time non-bargaining unit staff employees for review.

(C) The committee shall call an annual meeting - at the first meeting following elections - whereby the following business, including but not limited to, must be conducted: appoint a chair for the upcoming year, appoint a vice-chair, appoint a secretary, appoint a treasurer, appoint university council members, establish meeting times and location, contact the president's office to appoint open positions, appoint any project charter committee members as necessary, and verify ex-officio members by name(s).

(D) Composition.

(1) The "SEAC" shall consist of eighteen full-time non-bargaining unit staff employees employed by the university of Akron. The office of general counsel shall provide assistance as appropriate.

(2) An ex-officio member. This is a current member of the "SEAC" committee whose term is expiring. The ex-officio member is voted on by the current "SEAC" committee for an additional year-long appointment to complete a current assignment. Each ex-officio member appointed will be evaluated annually at elections.

(E) Terms of office.

(1) "SEAC" members shall be elected/appointed for three-year terms, with no more than one-third (six) of the committee members leaving the committee each year. No member may be elected or appointed to serve more than two consecutive full terms. Each year, members of "SEAC" will be elected/appointed as follows:

(a) One full-time staff (non-bargaining) member appointed by the president of the university of Akron for a three-year term.

(b) Five members elected by university full-time staff (non-bargaining) members for a three-year term.

(c) An ex-officio member. This is a current member of the "SEAC" committee whose term is expiring. The ex-officio member is voted on by the current "SEAC" committee for an additional year-long appointment to complete a current assignment.

(d) Each ex-officio elected member will be evaluated annually at elections.

(e) The remaining twelve elected/appointed non-bargaining unit full-time staff shall continue their staggered three-year terms.

(F) Election.

(1) The "SEAC" shall establish election procedures. Such procedures shall call for nominations from the non-bargaining staff employees, which shall be sent to all members at least three weeks prior to the elections. Each non-bargaining staff employee may submit for nomination the name of one non-bargaining staff employee. Self-nominations are not permitted, and the nominees indicate a willingness to serve.

(2) Ballots shall carry the names of all eligible persons who have been proposed for nomination. The person or persons receiving the largest number of votes shall fill the open position(s) in decreasing order of those votes, provided those persons are otherwise eligible in accordance with the eligibility requirements for membership on the "SEAC." Only full-time non-bargaining unit staff employees are eligible to participate in the election. All documents and data will be returned as confidential to the "SEAC" recording secretary for permanent file.

(3) Immediately following the election, the "SEAC" will certify to the president the new composition of the elected members of the committee. The president shall have until April 1 to make appointment(s).

(4) In the event that no member of the university's regional campus(es) is elected, the president of the university of Akron will appoint a member(s) from the regional campus.

(5) Should a vacancy occur, the president of the university of Akron shall appoint a replacement with recommendation from the committee to complete the remaining term. The next eligible person receiving the largest number of votes from the most recent election will be recommended.

(G) Removal from membership/office. Any member of "SEAC" may be removed upon a majority vote of the "SEAC." In the event of a removal from membership/office, a new member/officer shall then be appointed by the president for the remaining term of the vacancy. Thereafter, the person so removed will be ineligible to return to the committee.

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01