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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3364-25 | Benefit Policies; Employment

 
 
 
Rule
Rule 3364-25-01 | Standards of conduct.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-02 | Hourly employment in multiple capacities.
 

(A) Policy statement

The university of Toledo, including the university of Toledo medical center ("UTMC") and ambulatory services clinics, promotes the balance of quality of life with employment responsibilities with the university for all faculty and staff. University staff and faculty are expected to devote their work activities primarily to the functions of the university. The university remains committed to maintaining career opportunities for university employees, while balancing the needs of productivity, primary employment assignment and economics.

(B) Purpose of policy

Establish a guideline and standards for hourly employees working in multiple capacities for the university.

(C) Policy guidelines

While dual employment appointments may occur, it is the policy of the university that except in certain circumstances, employees should not be employed in multiple jobs that are budgeted for more than a total of forty hours a week. University management, as the employer representative, reserves the right to decline the awarding or offering of multiple university jobs, particularly in such instances where such employment will potentially result in regular or periodic overtime. For example, an employee working in an over-time eligible thirty hours a week position may or may not be considered by management for a second position of ten hours a week or higher if management determines that potential overtime work hours may become an issue. Hourly staff employed in a position or positions totaling forty hours a week may not be considered by management for additional jobs within the university, except where exempted in this policy.

Exemptions - the following categories of university employment may be exempt from this policy, subject to management discretion and/or budgetary constraints on a case by case basis:

(1) Sponsored events - university employees may assist by working at special events on campus such as athletic events, concerts, rocket launch functions, etc. The work must be separate and unrelated to the employee's regular job, but in such cases they may serve and be paid at an agreed upon hourly rate of pay.

(2) Internal agency - an internal appointment which serves at the discretion of the appointing authority and where the employee works irregular hours or days on an as-needed basis. Internal agency staff are needed to fill scheduling voids that may affect the quality of patient care or services. Internal agency positions are only available to licensed and/or qualified staff currently on the university of Toledo payroll.

(3) Contingent/per-diem positions - contingent positions are maintained on a per-diem basis. Per diem positions are necessary to comply with safety and regulatory compliance in respect to staffing levels in clinical setting.

(4) Emergency seasonal - employment where the service occurs for a specific period during a particular time of the year (i.e., snow removal, flooding, etc.)

(5) Other - management may determine, that in some non-precedent setting circumstances, multiple employment in hourly positions may be approved by management, subject to review by the human resources department.

Any questions about this policy should be directed to the appropriate human resources office.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-04 | Personnel records.
 

(A) Policy statement

The human resources department ("HR") is responsible for maintaining the official employment records for each staff employee. Employment records for faculty are maintained in the office of faculty affairs (health science campus) or office of the provost (main campus).

(B) Purpose of policy

To ensure that university employment records are accurate, relevant, and safe from improper disclosure.

(C) Employment records contents

The employment record includes, but are not limited to, current and background information sufficient to justify initial and continued employment and current reports of work performance evaluation.

(D) Employment records maintenance

HR is responsible for obtaining initial records or required licensure, certification or registration for new employees. After hire, the employee's department management is responsible for verification of licensure/certification renewals. Verifications are maintained in the employee's departmental file.

The employee is responsible for providing accurate information for payroll records and tax purposes, proper beneficiaries for life insurance, and other changes in personal information. It is the responsibility of all staff employees and faculty members to advise HR of any changes in personal information. Employees are able to maintain records data including their current mailing address and telephone number through the university's self-service system.

Occupational health records are maintained in a separate file. These records include records relating to the employee's health/immunization status at the time of hire and any encounters occurring thereafter.

If there is a change in family status affecting insurance, the employee must report the change to the HR benefits office within thirty days of the event; ensuring the correct enrollment/change form(s) have been completed.

(E) Procedures

(1) Access to employment files

Employees, while on non-work time or with the permission of their supervisor, may request access to their employment during normal business hours.

An employee's representative or the public may review the employment record if the representative or the public signs an inspection of employee information form.

The employee(s) and/or the authorized representative may review the employment file prior to disciplinary hearings or in the processing of grievances related to such information.

The employee(s) and/or the authorized representative may review the employment record prior to disciplinary hearings or in the processing of grievances related to such information.

Internal access to employment records are limited to supervisory employees who are considering the employee for promotion, transfer, accommodations, or other personnel action, and to other officials who have a legitimate need to know. All other internal requests will be treated as requests for public records.

Documents maintained in an employment record are generally considered public records under Ohio law. However, some documents contained in an employment record or otherwise maintained by the university are not public, including but not limited to, medical records, intellectual property records, certain investigatory files and any other record made confidential by law or not considered a public record.

(2) Requesting copy of employment record

In accordance with and to the extent permitted by the Ohio Public Records Act, the university will provide copies of material on file to the employee or the employee's authorized representative upon payment of a reasonable fee established in accordance with the university's policy on availability of public records.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 11/3/2016
Rule 3364-25-05 | Holidays/holiday pay.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-06 | Dress Code.
 

(A) Policy statement

Every department of the university of Toledo medical center "UTMC" will provide and enforce the dress code policy incorporating the information below as a minimum. This dress code applies to everyone working at UTMC. Students of the university are governed by their respective college policies and classroom dress code policy and they are exempt from this policy when utilizing public areas such as the cafeteria, coffee vendors, gift shop and bookstore. Students present in patient care areas are expected to adhere this policy. Dress-down days are not recognized. Professional attire and personal appearance must be maintained in a dignified and business appropriate manner by all employees during working hours and during all occasions while representing UTMC consistent with the following guiding principles:

(1) Ease of identification

(2) Appropriateness of attire

(3) Awareness and sensitivity to religious practice

(4) Good personal hygiene

(B) Purpose of policy

These dress code standards assure the safety of employees and patients. It is the policy of UTMC that all employees (and students present in patient care areas) observe high standards of personal appearance at all times. UTMC employees are an important part of the hospital and university's public image. While we respect the fact that our workforce is driven by personal values and cultures, we expect a consistency in appearance that reflects the values and culture of our organization. Our employees represent the hospital and influence the opinion of our patients, visitors, customers, medical and surgical staff, other employees and the communities we serve. Proper dress, grooming, personal hygiene, adornment and overall appearance support a positive and professional atmosphere, and facilitate services at the UTMC.

(C) Procedure

All faculty, employees, residents and students on patient units at UTMC, must follow the dress code policy for their work area. The guidelines below are minimum requirements for all departmental dress code policies. Further details specific to departmental working environments should also be included in a departmental policy. Personnel not in compliance with applicable dress code policy may be asked to go home on their own time and return to work in appropriate attire. In the event of an emergency call-in, the dress code standards will be waived. Reasonable accommodation will be made in regards to religious, cultural or disability situations and will be reviewed on an individual basis for compliance with this policy, with input from the office of institutional diversity as needed.

(1) Hygiene

(a) Personal cleanliness: personal cleanliness including proper oral hygiene and absence of controllable body odors are a standard. Perfumes and fragrances should be kept at a minimum.

(b) Hair: hair must be kept clean and neatly styled, no extreme hair color such as blue, pink, green, etc. All beards and moustaches should be trimmed and neat in appearance. Any apparatus that an employee uses to hold back their hair must be clean.

(c) Fingernails: fingernails should be clean, well manicured and moderate in length, and appropriate for the work site. No artificial nails are allowed for caregivers, dietary, surgery, or surgical support employees. See (infection control policy on hand hygiene) rule 3364-109-102 of the Administrative Code for more specific information.

(d) Jewelry: jewelry in pierced sites will be visible on the ear only. All other piercings must be covered or removed during work. Other jewelry should be appropriate for the work site and worn in a limited fashion when working directly with patients. Reasonable accommodation will be made in regards to religious, cultural or disability situations and will be reviewed on an individual basis for compliance with this policy, with input from the office of institutional diversity as needed.

(2) Name tags and badges

(a) Name tags: UTMC identification "I.D." badges must be displayed at all times with the name of the employee facing outward so that all employees are easily recognizable by all customers. The UTMC I.D. badge needs to be worn above the waist, not on the belt or pants. The employee's name, title, department and photo must be completely visible on the UTMC I.D. badge (see rule 3364-40-23 of the Administrative Code for more detail on UTMC I.D. badge requirements.) ID badges must be replaced if they become unreadable or the employee transfers department or has a new position.

(b) Badges/pins: a maximum of three badges/pins (not including I.D. badge) may be worn. Badges/pins worn must be reflective of a professional organization, customer service, or issued by UTMC or the employee's department.

(3) Clothing

(a) Clothing: clothing should be neat, clean, and appropriate for the department in which the employee works. Department-specific policies may supersede these dress requirements where appropriate. Departmental issued uniforms containing UTMC logos will be acceptable when addressed in departmental dress code policies.

(b) Footwear: shoes must be clean and in good repair and safe for the job duties performed. No flip flops, thongs or slippers can be worn. Socks or hose must be worn at all times. Tennis shoes, if worn, must be leather or synthetic leather. Medical clogs are allowed. Refer to appropriate department-specific policies for specific compliance with patient and employee safety regulations.

(c) Tops/shirts: clothing should cover the back and abdomen during required movements of the individual's job. No spaghetti straps, t-straps or halter tops can be worn and no exposed cleavage. No sweatshirts or t-shirts, the exception being that plain colored t-shirts may be worn under scrub suits.

(d) In patient care areas, scrub suits may be worn in lieu of shirt and slacks. Purchasing and laundering of scrub suits are the responsibility of the staff member.

(e) Pants/skirts: skirt and dress hemlines more than three inches above the knee and shorts are not acceptable. Slacks must fall between the knee and the ankle, and must be of a dressy or business casual nature. No bib overalls and no form-fitting pants/slacks. Jeans are not allowed unless authorized by department-specific policies.

(f) Undergarments/outerwear: undergarments are required, but should not be visible above, below or through clothing. Outdoor wear such as coats, jackets, gloves, sunglasses and hats are acceptable when appropriate for the duties performed by the employee. Visible tattoos must be covered while on duty, whenever possible.

(g) Spirit wear: is generally allowed on designated days only, but it is ultimately up to the individual departments to decide whether to allow the spirit wear and to what extent.

(4) Headphone/earbud use

The use of headphones/earbuds is not acceptable unless required for the position.

All departments must comply with the above dress code, except where department-specific policies supersede. Employees may be disciplined up to and including discharge for not wearing appropriate attire pursuant to this policy.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-07 | New employee orientation.
 

(A) Policy statement

All newly hired regular staff (non-faculty) will be scheduled to attend a mandatory new employee orientation. To the extent possible, new staff must attend orientation the first day of employment or the first available date orientation is scheduled.

The human resources department (HR) must approve departmental requests to begin new staff before orientation. Persons are prohibited from beginning work until all steps of the pre-employment process are completed and have been reported by HR to the hiring department.

(B) Purpose of policy

The new employee orientation provided by HR is designed to welcome new staff and begin the process of assimilating them to the university of Toledo.

(C) Procedures

(1) General information

HR will present a general orientation that introduces new staff to the mission and vision of the university of Toledo and the university of Toledo medical center and an in-depth discussion of the university of Toledo's core values; provide an overview organizational structure and pertinent general policies and guidelines including rule 3364-50-01 of the Administrative Code, "The university of Toledo's title IX policy"; and present information regarding employee benefits and provide relevant enrollment documents; explain fire, disaster codes, incident reporting and general infection control and safety standards.

HR will contact the new hire to schedule the orientation and notify the hiring department. New hires to the health science campus will also be scheduled for "HSC" (health science campus) orientation following new employee orientation, if applicable.

Rehires: Employees rehired within one year by the university may not be required to attend new employee orientation and/or HSC orientation.

The orientation program may last up to one full day.

New employee orientation is conducted twice a month unless otherwise scheduled.

(2) Department responsibilities

Each department is responsible for providing new staff an orientation specific to the departmental unit. The department orientation focuses on job responsibilities and competencies, department specific safety policies and procedures, and performance expectations.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-08 | Jury or trial participation leave.
 

(A) Policy statement

Employees of the university of Toledo are entitled to paid jury or trial participation leave as provided for under Ohio law.

(B) Purpose of policy

This policy is intended to provide jury or trial participation leave in accordance with Ohio law.

(C) Procedure

(1) Employees are generally entitled to paid leave when subpoenaed to appear before any court, commission, board or other legally constituted body authorized by law to compel the attendance of witnesses. However, employees are not entitled to paid leave when the employee is a party to the action or proceeding or is subpoenaed as a result of secondary employment outside the service of the university of Toledo. An 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 of review will also be granted leave with full pay for purposes of attending the hearing.

(2) An employee must notify his or her supervisor as soon as possible in writing, including a copy of the subpoena, jury duty notice, or state personnel board of review hearing order, if the employee requires leave from work to comply with the subpoena, notice, or order.

(3) To receive regular pay from the university of Toledo for jury or trial participation leave, the employee must provide evidence to his or her supervisor that the employee actually appeared for jury duty or trial participation, pursuant to the subpoena, or for the state personnel board of review hearing.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-09 | Licensure verification.
 

(A) Policy statement

Certain job classifications require licensure, certification or registration of any incumbent assigned to that classification. The jobs for which this applies are designated through the qualifications listed in the job description.

The human resources department (HR) will maintain a job description that includes licenses, certifications, and registrations that are required for positions in all departments.

(B) Purpose of policy

To ensure that employees hold and maintain the appropriate licensure, certification or registration.

(C) Procedures

(1) Upon employment, it is the responsibility of HR to verify that the new employee holds the appropriate licensure, certification or registration. Thereafter, prior to the expiration of such licensure, certification or registration, it is the department manager's responsibility to verify its renewal in a timely manner.

(2) It is the responsibility of the employee to maintain required license, certification or registration during employment. Failure to comply with position requirements may subject an employee to disciplinary action up to and including termination.

(3) HR will periodically perform audits of departments files to verify that the process is being carried out and that the department has records proving that all licenses, registration and certifications are current.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-10 | Unemployment compensation.
 

(A) Policy statement

All university of Toledo employees are covered by the unemployment compensation law of the state of Ohio in accordance with Chapter 4141. of the Revised Code. University employees who are involuntarily terminated from university employment may be eligible to receive unemployment compensation benefits in accordance with Chapter 4141. of the Revised Code.

Guidelines for the administration and the determination of eligibility for unemployment compensation benefits are made by the Ohio department of job and family services.

Employees who are temporarily unemployed during academic or clinical 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.

(B) Purpose of policy

To provide employees information regarding benefits in the event of involuntary termination.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-13 | Work, lunch, and rest schedules for hourly employees.
 

(A) Policy statement

The university of Toledo provides for the work schedule, rest period, and lunch period of hourly employees. Pursuant to the Revised Code, the normal full-time work week shall consist of forty hours per week. The university may establish alternative schedules of work. The regular hours of work each day shall be consecutive except for interruption for an unpaid lunch period and rest periods. All employees scheduled work shifts shall have an established starting and quitting time.

(B) Purpose of policy

The purpose of this policy is to provide practices and expectations regarding schedules and to implement lunch and rest periods for hourly employees.

(C) Procedure

(1) Hours of work and work week

Management has the right to change this standard work-week due to operational needs. Some employees' work schedules may vary from those of their fellow employees due to university operational needs. Regular part-time positions are those for which hours shall be defined as being budgeted for less than forty hours per week. A regular work shift shall be eight hours or ten hours or twelve hours or flexible schedule of work, depending on the needs of the department, as well as confirmation from human resources.

(a) Main campus

The work week shall be from Saturday at one minute past twelve a.m. through twelve midnight the following Friday.

(b) Health science campus

The work week shall be from twelve midnight Saturday through fifty-nine minutes past eleven p.m. the following Saturday.

(2) Lunch periods

The standard unpaid, uninterrupted lunch period will be at least thirty minutes. The supervisor will determine the appropriate lunch schedule, which will normally be scheduled in the middle of the shift. Employees who are required to work or be on call through part or all of their scheduled lunch will be compensated at the appropriate rate of pay.

(3) Rest periods

Employees are entitled to one fifteen minute break period which is scheduled or available to hourly employees once during each four hours of the shift. Rest breaks are not to be cumulative. If employees are required by their supervisor to work during their scheduled rest period, the supervisor shall schedule an alternative rest period. Foregoing rest periods cannot be used to compensate for a late arrival or early departure.

(4) Work schedules

Work schedules showing the employees' shift, work days and days off will be available indicating the current week's schedule on a department or area basis. All employees must follow the schedules as set forth by their respective department or area heads. If an employee has any questions concerning this schedule, the employee should consult the immediate supervisor. Posted schedules may be changed depending on operational needs of the institution. The employer will give as much advance notice to an employee as possible.

Employees may not switch schedules among themselves without their department or area head's prior approval.

An employee may be requested to work hours in addition to, or in lieu of his or her regularly scheduled shift depending upon department needs. Likewise, there may be emergency situations such as an internal or external disaster which would require additional staffing. Compensation for additional hours worked is discussed in applicable policies. If an employee refuses to work in such an emergency situation without adequate reason, such refusal can be considered a serious offense and may justify disciplinary action.

(5) Call-in

When a full-time classified employee is called to report to work under the direction of an authorized supervisor at times other than those contiguous to the employee's normally scheduled shift, the employee is entitled to a minimum of four hours of pay at time and one-half. Any work in excess of the four hours will also be at the time and one-half rate of pay. The provision is not applicable to work that is a continuation of or immediately preceding the employee's regular work schedule.

(6) Overtime

An employee compensated on an hourly basis shall receive one and one-half times the employee's regular rate of pay for all hours compensated in excess of forty hours in a work week. Under no circumstance may overtime be worked unless written authorization for said overtime is secured from the responsible supervisor prior to working the overtime hours. In emergency circumstances, verbal authorization may be given by the responsible supervisor. All overtime must be submitted via electronic entry in the timekeeping system or to the payroll office via time card with the authorizing supervisor's signature. Failure to follow this policy of pre-approval and proper reporting of overtime through the payroll office will be grounds for discipline, up to and including termination.

Last updated September 29, 2021 at 9:48 AM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-14 | Inclement weather or other emergency/disaster.
 

(A) Policy statement

The university of Toledo is committed to community safety and continuation of essential operations during inclement weather and other emergencies. In the interest of safety, classes and events on all campus may be cancelled or delayed during hazardous weather/disaster. Essential services on all campuses will continue.

(B) Purpose of policy

To maintain essential services at the university of Toledo medical center "UTMC" and on the health science, main, and scott park campuses during periods designated as weather emergency or disaster.

(C) Procedure

Please refer to the continuity of operations plan found at (https://www.utoledo.edu/depts/hr/essentialemployee.html).

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-17 | Pre-employment drug testing.
 

(A) Policy statement

It is the university of Toledo health science campus objective to provide the highest quality health education, research, and services, with a responsibility to do so in a safe environment. Employees under the influence of drugs and/or alcohol while on the job create serious safety and health risks to themselves, patients, guests, co-workers, and the health science campus. "UTMC" prohibits the unlawful manufacture, distribution, dispensation, possession, or use of any controlled substances including the unsanctioned use of alcohol, on UTMC property, or as any part of its activities. The term "controlled substance" means a controlled substance in schedules I through V of rule 202 of the Controlled Substances Act (21 U.S.C. 812). This includes all illegal drugs and legal drugs used without a physician's order. It does not prohibit taking prescribed medications under the direction of a physician. Marijuana prescribed or recommended by a physician pursuant to state law remains an illegal drug listed on Schedule I of the Controlled Substances Act (CSA), and the use, possession, or distribution of medical marijuana is prohibited.

(B) Purpose of policy

"UTMC" is committed to maintaining a workplace that is free from the detrimental effects of drug and/or alcohol abuse. To prevent hiring or otherwise placing individuals whose use of controlled substances indicates a potential for impaired or unsafe job performance, the health science campus conducts preemployment drug testing. All individuals, including rehires, seeking any faculty, staff, contingent, temporary, resident, volunteer, and select graduate* and undergraduate student* "positions, upon an offer of employment, will be required to submit to a drug screen through the controlled collection of a urine sample within seven business days of offer." All applicants will be informed, either by completing an application in human resources or through oral communication, that any employment offer is conditional upon successful completion of a drug test.

"Graduate assistant and student worker positions that will be working in any patient care areas or enter patient care areas in the course of performing the duties of their job."

(C) Procedures

(1) Prior to or concurrently with conditionally offering an individual employment, human resource representatives will provide the applicant the telephone information to occupational health for purposes of scheduling an appointment for medical screening which will include a drug test. Occupational health will ask each individual to sign the donor consent form. Any applicant who chooses not to allow the drug screen will be informed he/she is no longer a candidate for employment.

(2) The medical review officer ("MRO") will review the results of all positive drug tests. Occupational health will notify human resources of all drug test results. Individuals with negative results will continue the normal hiring procedures. The MRO will review individuals testing positive to ensure the positive result is not due to a medical condition or physician prescribed medication. If no legitimate medical explanation can be provided, the medical review officer will inform the applicant that human resources will be advised of the positive test results. A human resource representative will subsequently contact applicants who test positive to withdraw the offer of employment. Human resources will also notify hiring department managers of applicants who test positive and are not eligible for employment. A separate notification process will be followed for faculty and resident hires.

(3) No applicants will be permitted to actually begin work until the results of the drug test are determined and proper notification is provided. Applicants who are moving to the area to have a drug test in advance of their move. In these situations, occupational health will schedule an appointment for drug testing in that area and all results will be reviewed through occupational health.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-18 | Conflict of interest and nepotism.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated May 6, 2021 at 1:50 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 9/30/2019
Rule 3364-25-19 | Relocation allowance for new employees.
 

(A) Policy statement

To remain competitive and attract talent to the organization, the university of Toledo may provide funds to assist new employees with the cost of relocation, including moving company costs, transportation and temporary housing.

(B) Purpose of policy

The policy sets forth the procedure for payment of new employee relocation expenses. By establishing an agreed upon amount upfront, the organizational unit will maintain budgetary control of the expense. The intent of this policy is for the relocation of employee's household items. This policy is not intended for the relocation of lab equipment or start-up expenses.

(C) Procedure

Full time faculty and professional administrative staff, including coaches, are eligible for this stipend. IRS guidelines require that the distance between the old home and the new place of work be at least fifty miles greater than the distance between the old home and the old place of work. If the distance test is not met, then approval will not be granted.

The payment amount for full time faculty and professional staff should not exceed eight thousand five hundred dollars and should be negotiated with the employee during the hiring process. The agreed upon amount should be based on the lowest of three moving quotes from IUC preferred vendors, budgetary and market conditions, and disclosed in the employees offer of employment.

The employee will receive the payment in their paycheck. This payment is taxable as ordinary income and all applicable taxes will be withheld. The amount will be reported on the employees form W-2.

In special cases, the provost, or a vice president, may grant exceptions to this policy. Such exceptions will be in writing. The president will approve all relocation stipends for members of the senior leadership team.

(D) Guidelines

When determining a fair, mutually agreed upon, stipend for the employee's relocation, the following should be taken into consideration:

(1) Has the employee received three moving quotes from one of the university's preferred vendors?

Click this link for an updated list of university preferred suppliers.

(2) Does the relocation involve only the employee or a family?

(3) Is the employee moving across the country or within the state?

(4) Does the employee need temporary housing for a period of time?

(5) Does the employee wish to have house hunting trips and airfare/hotel for spouse?

Per current (2019) tax law, relocation stipends are taxable as ordinary income and will be reported on the employee's W-2. Applicable federal, state and local taxes will be withheld from this stipend payment. Grossing up the stipend to cover taxes is strictly prohibited.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-20 | Employee assistance program.
 

(A) Policy statement

The university of Toledos employee assistance program ("EAP") offers confidential and professional care to employees and their families who are affected by a variety of personal problems, such as emotional stress, family problems, marital or financial difficulties, and substance abuse. We believe that with the assistance of an independent contracting organization providing employee assistance services, many problems can be successfully resolved before they begin to have an adverse effect on the individual at the workplace.

(B) Purpose of policy

The purpose of the policy is to advise and educate employees about "EAP" and how to seek and utilize the services of the "EAP."

(C) Procedure

(1) Employees and/or dependents (spouse, children or a member of the employee's household) are encouraged to voluntarily seek assistance and utilize "EAP" when they believe a personal problem has become unmanageable.

(2) An employee may be referred to "EAP" by oneself, family member, co-worker, supervisor, or the department of human resources. However, participation in "EAP" is voluntary and will remain the responsibility of the employee. The decision to accept or reject assistance will not, of itself, jeopardize his/her employment or advancement opportunities. A referral does not mandate that the employee use the service.

(3) "EAP" discussions and records of discussions or participation in "EAP" are considered privileged communication protected by and only released under federal and state confidentiality laws. Records of employee participation in "EAP" will not be made part of the personnel records without written consent of the individual receiving services.

(4) "EAP" is available to all employees and their family members. It is recognized that problems with dependents and other family members can adversely affect an employee's ability to function on the job.

(5) Employees who are participating in "EAP" are expected to meet existing job performance standards. Participation in "EAP" does not exempt an employee from appropriate corrective action. However, it is intended that this program will assist employees in resolving personal problems before such problems can lead to work-related difficulties.

(6) The employee should contact department of human resources for information on accessing providers.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-22 | Record time utilizing the automated system.
 

(A) Policy statement

Time records constitute the basis for payment of wages, and complete and accurate time records are therefore vitally important to both the employee and the university. Furthermore, federal and state laws require the university to maintain accurate records of time worked by hourly employees.

Each employee is responsible for recording hours worked via the automated electronic payroll system in a "live mode"/ "etime." Each employee is also responsible for recording and/or requesting all non worked hours.

(B) Purpose of policy

This policy describes timekeeping regulations and responsibilities for hourly-paid employees working on the health science campus.

(C) Procedure

(1) All hourly-paid employees shall record job attendance through the university's official timekeeping system(s) at the beginning and end of each workday. Employees are to clock in and out using their identification ("ID") badge. There are many badge readers available but managers may require their employees to clock in/out via a specific badge reader located near their department.

(2) Employees, with management permission, may use an alternate method other than "etime," if available.

(3) Any employee who works a split shift or leaves for more than the normal lunch period, must also clock in and out using the official timekeeping system. Request for an exception to using the official timekeeping systems must be in writing and approved by payroll. The only exceptions considered will be unusual circumstances and only for departments with dependable recordkeeping and a fully trained backup timekeeper.

(4) An employee may not clock in seven or more minutes before the start of their shift unless directed by their supervisor. An employee may not begin work until the employee has clocked in, nor continue to work after the employee has clocked out.

(5) Non work time (e.g. sick, vacation, comp) is to be recorded via the automated electronic time keeping system. Employees are responsible for requesting or recording vacation and compensation time via the automated electronic system. Only under a leave of absence will the manager be responsible for recording non worked time.

(6) Employees leaving "UTMC" property are required to use the automated time keeping system. An exception to this would be travel from one "UT" property to another.

(7) Employees are required to report promptly to their supervisor any differences between time actually spent working and the time reported as worked in the automated electronic timekeeping system. Employees are responsible for verifying their payroll record for the pay period they are in prior to the close of the pay period.

(8) Employees, including student employees, must clock in and out themselves using the official timekeeping system. Other employees, including supervisors, timekeepers and departmental staff, may not clock attendance for another employee. Modification of time reported by an employee shall be limited to correction of administrative errors, editing of failure to clock in or out, or reporting of leave time and only with the employee's knowledge.

(9) Anyone using another employee's ID to clock in or out of the automated electronic time keeping system; or permitting his/her ID to be used by another to clock in or out of the system, may be subject to disciplinary action up to and including termination. Employee "ID" information that has been forgotten or compromised must be reported to the supervisor and/or the "IT" help desk immediately. Under no circumstances are passwords to be shared.

(10) Employees are not permitted to "add/delete" or modify clockings. Employees who consistently fail to clock in/out, or clock in/out at an improper time, or who knowingly and through any means inaccurately report time spent working may be subject to disciplinary action up to and including termination.

(11) Supervisors, timekeepers or departmental staff who badge clock in/out for another employee or modify time reported by an employee, other than the limits listed in this policy or without the employees knowledge, are subject to disciplinary action, up to and including termination.

(12) Under no circumstances is an employee to approve their own time record.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 11/5/2018
Rule 3364-25-24 | Transfer of sick leave.
 

(A) Policy statement

The university of Toledo "the university" permits employees to accumulate sick leave and does not limit the amount of sick leave an employee may accumulate. The university permits, in certain circumstances, employees to transfer sick leave from other Ohio public employers.

(B) Purpose of policy

To provide procedures for transferring sick leave to the university.

(C) Procedure

(1) The university permits employees to earn and accumulate sick leave without limit.

(2) A new employee who transfers from an Ohio public agency to the university may be eligible, upon the employee's request, to be credited with the employee's accumulated, unused sick leave credit from another Ohio public agency. To transfer accumulated, unused sick leave credit to the university, the following is required:

(a) The employee must be rehired within ten years of the prior separation from state service (this period is tolled if the employee held any elective public office, whether that was attained through election or by appointment);

(b) The employee must not have already converted the accumulated, unused sick leave balance to cash;

(c) The employee must notify the university's human resources department of the amount of accumulated, unused, and unconverted leave and must provide reasonable documentation in support of that claim. The university may seek additional confirmation from the employee, the former employer, or both, before the accumulated, unused sick leave is credited to the employee.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-25 | Administrative leave.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-27 | Retirement program.
 

(A) Policy statement

This policy describes retirement programs and services that may be available to employees who retire from the university of Toledo "the university". Public employees within the state of Ohio participate in a retirement program with eligibility and conditions of retirement as prescribed by the Revised Code.

(B) Retirement eligibility

University employees are public employees who are eligible to participate in one of the state of Ohio's retirement systems and in some cases, may be eligible to instead participate in an alternative retirement plan. Eligibility for retirement is dependent upon the rules of the state of Ohio retirement system or, if applicable, according to the terms of the alternative retirement plan document.

(C) Payment of sick leave at time of retirement

Employees who retire from the university with a minimum of ten years state of Ohio service are eligible to receive accrued but unused sick leave as provided for under the Revised Code.

(D) The university of Toledo retirement programs and services

Employees who retire from the university, and also have ten or more years of continuous service with the university may be eligible for additional programs or services. Any programs or services available to an employee who retires from the university are subject to the policies and procedures as defined by the appropriate department and are subject to change or discontinuation at any time. These services may include a fee or charge.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-28 | Call back pay.
 

(A) Policy statement

Eligible non-bargaining unit, hourly employees who are called back to work shall be paid a minimum of three hours of pay regardless of the amount of time worked. Such hours shall be recognized as hours of work for purposes of overtime calculation.

(B) Purpose of policy

To provide procedures for call back and compensation of eligible non-bargaining unit hourly employees.

(C) Scope

This policy applies to hourly non-bargaining unit employees.

(D) Procedure

(1) The three hour call back provision of this policy shall not apply when an employee continues to work after the regular work schedule without leaving the work site or when an employee is called into work early and continues to work into the regular work shift.

(2) An employee called back to work shall not be eligible to receive additional call back pay if called back again within one hour after clocking out.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-29 | Employee recognition awards.
 

(A) Policy statement

The university desires to establish program(s) allowing it to recognize exemplary performance of employees.

(B) Purpose of policy

To allow the university to recognize exemplary performance of employees.

(C) Procedure

The associate vice president and chief human resources officer or designee may establish and implement one or more programs for the recognition of exemplary performance of employees. The program must provide details for implementation of the employee recognition program, including but not limited to clearly defined eligibility standards, nomination process, eligible areas of recognition, a clear selection process explaining standards used to choose recipients, amount and type of award(s) available, funding, and any applicable restrictions. Divisions wishing to establish employee recognition awards must work with the vice president or designee to ensure that the program satisfies these and any other applicable requirements (such as collective bargaining agreements, tax obligations, etc.).

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-30 | Family and Medical Leave Act.
 

(A) Policy statement

The university of Toledo is subject to the Family and Medical Leave Act (FMLA), a federal law enforced by the United States department of labor, and strives to comply with its FMLA obligations.

(B) Purpose of policy

To establish and notify employees of rules and procedures concerning FMLA leave. The university administers FMLA leave in accordance with the rights and restrictions in the FMLA statutes, regulations, and interpretive case law. The university of Toledo reserves the right to use any procedures or requirements permissible under law whether or not specifically mentioned in this policy. See 29 U.S.C. 2601, et seq. and 29 C.F.R. 825 for specific statutes and regulations governing the FMLA. To the extent the policy is silent on a matter, federal law will prevail.

(C) Scope

This policy applies to all university of Toledo campuses, the university of Toledo medical center and clinics.

At the university, a rolling twelve-month period is used measured backward from the date an employee uses any FMLA leave other than FMLA leave to care for a covered servicemember.

For FMLA leave taken to care for a covered servicemember, a twelve month period beginning on the first day the employee takes FMLA leave to care for a covered servicemember and ending twelve months after that date is used.

A workweek of FMLA leave is a prorated workweek based upon employment status, e.g., a forty-hour workweek for a full-time employee, or a twenty hour workweek for half-time employee (based on actual hours worked in the twelve weeks preceding the leave).

(D) Eligibility requirements

An employee must meet the following criteria to be eligible for FMLA leave:

(1) The employee must have worked for the university for at least twelve months. Employee service breaks of seven years or less will have the previous time of employment counted towards the twelve-month eligibility requirement. Service breaks of employees of seven years or more due to their fulfillment of national guard or reserve military service obligations will have this time counted toward the twelve-month eligibility requirement. The university will comply with the Uniformed Services Employment and Reemployment Rights Act (USERRA) when determining an employee's eligibility for FMLA.

(2) The employee must have worked at least one thousand two hundred and fifty hours in the twelve-month period immediately preceding the commencement of leave.

(3) The employee must incur a qualifying event.

(4) The employee must be able to document relationships. For purposes of confirming a family relationship, the university may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship.

(E) Leave entitlements for eligible employees

(1) Eligible employees can take up to twelve weeks of unpaid, job-protected leave in a twelve-month period for the following reasons:

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

(b) To bond with a child (leave must be taken within one year of the child's birth or placement);

(c) To care for the employee's spouse, child, or parent who has a qualifying serious health condition;

(d) For the employee's own qualifying serious health condition that makes the employee unable to perform the employee's job;

(e) For qualifying exigencies related to the foreign deployment of a military member who is the employee's spouse, child, or parent.

(2) An eligible employee who is a covered servicemember's spouse, child, parent, or next of kin may also take up to twenty-six weeks of FMLA leave in a single twelve-month period to care for the servicemember with a serious injury or illness incurred by a servicemember in the line of duty on active duty or was aggravated by service in the line of active duty.

During the twelve-month period an employee is entitled to a combined total of twenty-six workweeks of leave under paragraphs (E)(1) and (E)(2) of this rule. The twelve-month period is measured forward from the date an employee's first FMLA leave to care for the covered servicemember begins. If all leave is not taken, it is forfeited.

(3) The maximum FMLA leave may not exceed twenty-six workweeks for employees with qualifying events that pertain to both paragraphs (E)(1) and (E)(2) of this rule.

(4) If spouses are both employed by the university of Toledo, and are both eligible for FMLA leave, the spouses are limited to a combined total of twelve work weeks of leave during any twelve month period if the leave is taken to care for the employee's parent with a serious health condition, for the birth of the employee's son or daughter or to care for the child after the birth, or for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement. Where both spouses each use a portion of the total twelve workweeks of leave for the birth of a child, for placement for adoption or foster care, or to care for a parent, the spouses each remain entitled to the difference between the amount he or she took individually and twelve workweeks of FMLA leave for other purposes.

(5) For purposes of determining the amount of FMLA leave used by an employee, the fact that a holiday may occur within the week taken as FMLA leave has no effect and the week is counted as a week of FMLA leave. However, if an employee is using FMLA leave in increments of less than one week, the holiday will not count against the employee's FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday.

(6) An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule under certain circumstances.

(7) All FMLA leave time runs concurrently with any other applicable leave. An employee must exhaust sick, vacation, compensatory time and other paid leave before being placed on unpaid leave. The employee must comply with the university's normal paid leave policies.

(F) Benefits and protections

(1) While employees are on FMLA leave, the university will continue to offer health insurance coverage as if the employee was not on leave.

(2) During any FMLA leave, the university will maintain the employee's group health plan coverage on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire FMLA leave period. If the employee is paid while on FMLA leave, the employee's contribution toward health insurance will remain the same as if the employee were not on FMLA leave. Employees on unpaid FMLA leave must make payment arrangements with the human resources department at the university. The employee will be entitled to any changes to the health care plan or benefits that are made while the employee is on FMLA leave to the same extent as if the employee were not on FMLA leave.

(3) To receive health benefits during an unpaid FMLA leave, monthly employee contribution amounts are due, in advance, on the first of the month following unpaid status for the remainder of eligibility (twelve-week maximum). Upon the expiration of eligibility, employees may continue their health insurance coverage by paying the entire premium in advance each month to the human resources department of the university. Individuals choosing to discontinue their health insurance coverage during the twelve-week period of eligibility will have the opportunity to re-enroll, unconditionally, upon their return. Those who elect to discontinue coverage, and whose twelve-week eligibility has expired, will have the opportunity to re-enroll only during the open enrollment period of each year.

(4) Upon expiration of twelve weeks of FMLA leave, and expiration of paid leave, an employee will be responsible for the full monthly premium of health insurance, including the employer's share.

(5) Unless another university policy or contract provides a longer grace period, the university's obligations to maintain health insurance coverage for an employee on FMLA leave cease if the employee's premium payment is more than thirty days late.

(6) Upon return from FMLA leave, most employees will be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions. The university will not interfere with an individual's FMLA rights or retaliate against an employee for using or seeking to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.

(a) If the employee's FMLA leave was due to the employee's own serious health condition that made the employee unable to perform the employee's job, the university requires the employee to obtain, at the employee's expense, and present certification from the employee's health care provider that the employee is able to resume work. This fitness-for-duty certification is only with regard to the particular health condition that caused the employee's need for FMLA leave. If reasonable safety concerns exist regarding the employee's ability to perform his or her duties due to the serious health condition for which the employee took such leave, the university is entitled to a fitness-for-duty certification for such absences up to once every thirty days.

(b) An employee may be returned to work prior to the originally scheduled expiration of the leave, if such return is agreed upon by both the employee and his or her supervisor, provided the employee can perform the essential duties of the job and a physician has certified it. If an employee is able to return to work earlier than the anticipated end date, the employee should provide advance notice to the employee's department, and no later than three days before returning to work.

(c) If an employee does not intend to return to work, that employee must notify human resources in writing of this intent as soon as possible and in no event later than three days of the scheduled return to work date. An employee who resigns or gives notice of resignation while on a paid or unpaid FMLA leave shall be separated from the university effective the date of such notice.

(d) An employee who fails to return to work within three consecutive days following the end of that employee's approved FMLA leave will be considered to have abandoned the job and will be treated as a voluntary resignation, except for documented reasons of that employee's own health condition confirmed by a health care provider or other reasons beyond that employee's reasonable control.

(e) The university does not interfere with, restrain, or deny the exercise of, or attempts to exercise any rights provided by the FMLA. The university will not discharge or in any other manner discriminate against an individual for opposing any practice made unlawful by the FMLA or for instituting or participating in an inquiry or proceeding relating to any FMLA protected right.

(G) Requesting leave

(1) Generally, employees must give thirty-days' advance notice of the need for FMLA leave. If it is not possible to give thirty-days' notice, an employee must notify the university as soon as possible and, generally, follow the employer's usual procedures.

(2) Employees do not have to share a medical diagnosis when reporting off work but must provide enough information to the university so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform the employee's job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer at the time of reporting off work if the need for leave is for a reason for which FMLA leave was previously taken or certified.

(3) The university can require a written medical certification or periodic recertification supporting the need for leave. If the university determines that the certification is incomplete, it will provide a written notice indicating what additional information is required.

(4) The university reserves the right to request a second opinion if the validity of a medical certification is questioned. If the first and second opinions differ significantly, the university may request that the employee obtain a final and binding third opinion of a jointly selected health care provider. The second and third opinions are done at university expense.

(H) University responsibilities

(1) Once the university becomes aware that an employee's need for leave is for a reason that may qualify under the FMLA, the university will notify the employee if the employee is eligible for FMLA leave and, if eligible, will also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the university will provide a reason for ineligibility.

(2) The university will notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.

(I) Fraud

(1) An employee who fraudulently obtains FMLA leave is not entitled to job restoration or maintenance of health benefits. Employees who fail to comply with this policy will be held accountable for their actions under university policies, rules, and applicable law, including but not limited to corrective action up to and including termination.

(2) Employees who are on FMLA leave are prohibited from working second jobs or engaging in other activities inconsistent with the stated need for leave.

View Appendix

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-31 | CWA and classified/non union absenteeism policy.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 11/3/2016
Rule 3364-25-32 | Voluntary reduction in hours - salaried staff.
 

(A) Policy statement

The university of Toledo recognizes that situations may arise in which an employee may need and may benefit from a temporary reduction in work hours. Only an appointing authority may authorize a voluntary reduction in hours upon a written request from an employee.

(B) Purpose of policy

This policy sets forth the guidelines for requesting a temporary reduction in work hours and resumption of full time status.

(C) Procedure

(1) Salaried employees of the university of Toledo may request a temporary reduction in their work hours with a corresponding reduction in salary. Employees may request a reduction to seventy-two hours, sixty hours, or other agreed upon number of hours not to fall below forty hours per pay period in those departments or areas where workloads permit. Any such reduction in hours must be approved by the immediate supervisor, department director or chairman, and appropriate vice president.

(2) Employees taking a reduced schedule will maintain all medical, dental, drug, vision and life insurance benefits in full force during this time; at their normal full-time equivalent status. Employees are responsible for their (cost share) premiums at their established full-time equivalent contribution level.

(3) Requests for temporary reduction in hours may not be less than two months in duration with a maximum of six months. Requests must be made as far in advance as practicable and in writing to the immediate supervisor. The immediate supervisor must then initiate a memorandum of approval, giving the specific effective dates of the reduction in hours (beginning and ending), and submit to human resource and talent development for approval from an appointing authority.

(4) Upon return to full-time status the supervisor shall notify human resource and talent the employees actual date of return.

(5) The university of Toledo reserves the right to return the individual to the original employment level with a minimum of two weeks notice. The employee retains the right to be returned to the original employment level within two weeks after the receipt of their written request.

(6) Sick leave and vacation will accrue pro-rated to hours worked. Employees should contact "OPERS" to determine any effects on monthly retirement service credit.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-34 | Conflicts with collective bargaining agreements.
 

Policy statement:

Where the policies of the university of Toledo are in conflict with a collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail, except when the provision(s) of the collective bargaining is not an appropriate subject of bargaining or where a statute or uncodified law prevails over a conflicting provision(s) of the collective bargaining agreement.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-35 | Tuition waiver policy.
 

(A) Policy statement

The university of Toledo is committed to providing a total compensation package that includes a tuition waiver benefit for eligible employees.

(B) Purpose of policy

To set forth the eligibility criteria and procedures for the tuition waiver program at the university of Toledo for the fall, spring and summer semesters.

(C) Scope

Employees, spouses and dependents must be academically qualified to be eligible for the waiver as determined by their admission to the university of Toledo through the office of enrollment management. Tuition benefits for employees, spouses and dependents are solely a tuition waiver of university of Toledo and do not cover any additional fees or costs associated with instruction unless otherwise precluded by collective bargaining agreements.

(1) All main campus and health science campus benefit eligible full-time and regular part-time (minimum twenty hours per week) employees are eligible for tuition waiver effective the first semester following date of hire and following successful completion of the probationary period. The human resources department will verify employee eligibility.

(a) Employees are eligible for maximum of eight credit hours of tuition per semester.

(i) Full-time employees are eligible for one hundred per cent tuition waiver for undergraduate courses. For graduate courses, the tuition waiver will cover the program per credit hour tuition rate, not to exceed the non-specialized graduate tuition per credit hour rate.

(ii) Part-time employees are eligible for pro-rated tuition waiver according to their full time employment ("FTE") status for undergraduate courses. For graduate courses, the tuition waiver will cover the pro-rated program per credit hour tuition rate, not to exceed the non-specialized graduate tuition per credit hour rate according to FTE status.

(iii) Courses in the doctorate of medicine program at the college of medicine are excluded from coverage, as are any students enrolled as medical students.

(iv) The waiver cannot be applied to coursework used for the J.D. program at the college of law unless precluded by collective bargaining agreements. Employees who matriculated into the J.D. program at the college of law prior to June 30, 2020 are eligible to continue to use the tuition wavier for college of law coursework until they complete the program as long as they are continuously enrolled and continuously employed by the university.

(b) The tuition waiver request form must be submitted prior to the semester payment due date posted by the office of the treasurer.

(c) The tuition waiver will only pay for each course only once including courses that are retaken due to a withdrawal unless the withdrawal is due to an extenuating circumstance as defined in rule 3364-71-16 of the Administrative Code (the university's administrative adjustment for extenuating circumstances policy). The only exception is courses that are designed to be repeated for credit.

(2) Spouses of benefit eligible full-time and part-time (minimum twenty hours per week) employees are eligible for tuition waiver for undergraduate courses subject to the following:

(a) Spousal eligibility will be verified through a marriage certificate.

(b) All employees must complete one calendar year of service with the university prior to the first day of the academic term to which the benefit applies before the spouse is eligible for coverage under this policy.

(c) The human resources department will verify spousal eligibility.

(d) Spouses are eligible for a maximum of one hundred fifty undergraduate credit hours of waived tuition.

(e) The tuition waiver request form must be submitted prior to the semester payment due date posted by the office of the treasurer.

(f) The tuition waiver will only pay for each course only once including courses that are retaken due to a withdrawal unless the withdrawal is due to an extenuating circumstance as defined in rule 3364-71-16 of the Administrative Code (the university's administrative adjustment for extenuating circumstances policy). The only exception is courses that are designed to be repeated for credit.

(g) Coursework is subject to annual verification of satisfactory academic progress where satisfactory academic progress is defined by rule 3364-71-01 of the Administrative Code (the university's academic standing policy).

(3) Dependent children of benefit eligible full-time and part-time (minimum twenty hours per week) employees are eligible for tuition waiver for undergraduate courses subject to the following:

(a) Dependents children are defined as:

(i) Natural children, stepchildren or adopted children of the eligible employee;

(ii) Younger than twenty-four years old as of the end of the calendar year, or any age if permanently and totally disabled at any time during the year;

(iii) Unmarried; and

(iv) Claimed as an IRS tax dependent on the eligible employees income taxes.

(b) All employees must complete one calendar year of service with the university prior to the first day of the academic term to which the benefit applies before dependent children are eligible for coverage under this policy.

(c) The human resources department will verify dependent eligibility.

(d) Dependent children are eligible for a maximum of one hundred fifty undergraduate credit hours of waived tuition.

(e) The tuition waiver request form must be submitted prior to the semester payment due date posted by the office of the treasurer.

(f) The tuition waiver will only pay for each course only once including courses that are retaken due to a withdrawal unless the withdrawal is due to an extenuating circumstance as defined in rule 3364-71-16 of the Administrative Code (the universitys administrative adjustment for extenuating circumstances policy). The only exception is courses that are designed to be repeated for credit.

(g) Coursework is subject to annual verification of satisfactory academic progress where satisfactory academic progress is defined by rule 3364-71-01 of the Administrative Code (the university's academic standing policy).

(4) For employees who have completed a minimum of five years of service at the university and who retire from the university through a state retirement system or the alternative retirement program, the employees' eligible dependents will be entitled to use the tuition waiver benefit until the last day of the academic term in which the fifth anniversary of employee's retirement occurs unless precluded by collective bargaining agreements. Eligible dependents who matriculated in a degree-seeking program at the university of Toledo prior to June 30, 2020 are eligible to continue to use the tuition wavier until they complete the program as long as they are continuously enrolled.

(5) If an eligible employee dies and, at the time of the event, he or she had completed at least five years of service, the tuition waiver benefit will apply as follows. The employees' surviving spouse (so long as he or she has not remarried) and eligible dependents who have used this benefit once during the ten-year period following the date of the employee's death will be entitled to continue to use the benefit until they graduate or are no longer eligible for the benefit unless precluded by collective bargaining agreements.

(6) For changes in employment status other than retirement or death during a semester in which a fee waiver is in effect for the employee, spouse or dependent, the employee will be eligible to receive the benefit only for the remainder of the term in which the change in employment status occurs unless precluded by collective bargaining agreements.

(7) Reciprocity with Bowling Green state university ("BGSU"):

(a) The reciprocity program is available only for employees. Spouses and dependent children are not eligible to participate.

(b) Reciprocity is available only for programs of study not offered at the university of Toledo.

(c) Courses of study must be degree-seeking and taken for credit.

(d) Courses and programs in the university of Toledo's college of law and college of medicine and life sciences are not included in the reciprocity agreement.

(e) Eligible employees must follow BGSU rules and regulations regarding use of BGSU waiver which is available from the BGSU human resources - https://www.bgsu.edu/humanresources/benefits/tuition-fee-waivers.html

(f) This benefit is available only for as long as both the university of Toledo and BGSU agree to maintain the reciprocity agreement between the two institutions.

(D) Procedure

(1) Scheduling courses for employees

(a) Scheduled courses and related course work should not interfere with the performance and completion of job duties and responsibilities of faculty, staff, and employees. The individual's supervisor determines any effect on job performance.

(b) Classified civil service employees may not take courses during regularly scheduled working hours. In the event the job requires the courses and the courses are work-related, or if the courses are required for a degree and are not offered at another time, the employee may be permitted to take the courses during regularly scheduled working hours. The employee will be required to make up the work time. The employee may not utilize break times to make up this time. The employee may make up the time before or after regular work hours or on Saturdays. Any arrangements for unpaid leave will result in temporary reduction in pay. The employee's immediate supervisor must approve arrangements for any courses taken during regularly scheduled working hours and the employee must notify in writing the human resources department ("HR").

(c) Unclassified staff may take courses during working hours provided the individual's immediate supervisor and vice president approve in advance in writing.

(d) Immediate supervisors and vice presidents should exercise reasonable efforts to provide a flexible work schedule in situations in which courses must be taken during regularly scheduled work hours.

(2) Waiver applications

(a) Courses of study taken by spouses and dependents must be degree-seeking and taken for credit.

(b) The tuition benefit cannot be used for enrollment in non-credit courses or credit courses which are audited.

(c) Eligible students must apply for admission to the university of Toledo through the admissions office and register for courses through the university's registration process.

(d) Tuition waiver applications must be completed online in the "MyUT" portal by the employee.

(e) Tuition waivers must be submitted each semester for each eligible student. Tuition waiver applications must be received prior to semester payment due date of the term in which the student is registered. Retroactive tuition waiver applications will not be processed.

(f) Payment of all fees not covered by the waiver are the student's obligation. HR will not be responsible for the removal of late fees on the student's account prior to the waiver submission.

(g) Tuition waiver applies to the first enrollment of a course with the exception of courses that are intended to be repeated for credit and withdrawals that are made for extenuating circumstances as defined in rule 3364-71-16 of the Administrative Code (the university's administrative adjustment for extenuating circumstances policy). The class participant will be charged the full tuition if they wish to retake a course for which a grade was previously issued.

(h) The tuition waiver can only be applied to university of Toledo tuition assessment for the fall, spring and summer semesters.

(i) With the exception of the reciprocity agreement with BGSU, the tuition waiver can be applied to university of Toledo only.

(3) The provost and HR are authorized to create additional employee waiver benefits to support instruction in strategically identified academic programs. The terms of those waivers will be specified by the provost and implemented by HR.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-36 | Vacation policy.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated October 14, 2021 at 11:35 AM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 8/1/2009
Rule 3364-25-37 | Flexible spending account plan.
 

(A) Policy statement

The university of Toledo provides flexible spending account plan participation to eligible employees.

(B) Purpose of policy

The policy sets forth eligibility and enrollment procedures.

(C) Procedure

(1) All regular full time and part-time employees who are employed at least fifty per cent full time equivalent full time employee "FTE" may participate in a flexible spending account plan for out of pocket medical expenses and/or dependent care expenses.

(2) Enrollment may become effective in January or immediate when eligible as long as appropriate documentation is submitted within thirty days of the new hire or qualifying event.

(3) Employees must elect or re-elect participation annually.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-38 | Insurance.
 

Policy statement

The university of Toledo provides group health, life, disability, travel accident insurance coverage, and dental, optical, and prescription drug coverage as a benefit of employment for eligible employees and dependents. Full descriptions of benefits, eligibility, and procedures shall be maintained by the department of human resources.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-39 | "COBRA".
 

Policy statement

The university of Toledo complies with the requirements of the Consolidated Omnibus Budget Reconciliation Act ("COBRA") regarding continuation coverage to eligible employees. The department of human resources shall provide notice to eligible employees as required by law. Full descriptions of continuation coverage, eligibility, and procedures shall be maintained by the department of human resources.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-40 | On call pay.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-41 | Dispute resolutin for non-faculty employees not subject to collective bargaining agreements.
 

(A) Policy statement

The university of Toledo recognizes that workplace administrative disputes may occasionally arise during the course of conducting university operations. To more efficiently and professionally resolve these disputes, the university establishes a procedure of redress.

(B) Purpose of policy

Administrative disputes are best resolved between the employees and the university by working together on the issue informally. For issues which remain in dispute after the informal process occurs, a formal approach is also available. Adverse employment actions on the basis of an employee's utilization of the dispute resolution process, is prohibited. This policy does not replace or supplant any right of employees who are entitled to appeal to the state personnel board of review "SPBR" or other external forums.

(C) Procedure

(1) Eligible employees: employees who have successfully completed their probationary period and who are not covered by a collective bargaining agreement are eligible for the dispute resolution process. Employees covered by a collective bargaining agreement must utilize those procedures. In accordance with section 9.84 of the Revised Code, non-employees may not participate in this procedure. Employees may have the assistance of one other employee in preparing and presenting the dispute. No employee from human resources ("HR") or legal can provide assistance in this manner.

(2) Dispute defined: a dispute is an unresolved issue concerning the interpretation of, application of, or compliance with university policies, rules, regulations, or procedures. Determinations which discontinue the appointment of an unclassified employee are not subject to this policy. A complaint dealing with alleged discrimination, harassment or failure to accommodate is subject to the compliance office and human resources and therefore, is not subject to this policy. (See applicable policies under the compliance office).

The dispute resolution process for unclassified non-union staff may not be utilized for purposes of establishing or changing university policy, appointment category, pay, benefits, promotions or transfers.

(3) Informal resolution - discussion with supervisor:

(a) In an effort to encourage prompt, fair and amicable solution, the employee having the complaint should meet with his/her immediate supervisor to discuss the problem. If an employee's complaint involves his/her immediate supervisor, the employee should follow the chain of command. At any point in this informal resolution process, either the employee or supervisor may request assistance from human to achieve an amicable resolution.

This informal discussion must take place within ten working days after:

(i) the date on which the incident occurred, or

(ii) the date the employee first learned of the circumstances that are the basis of the complaint.

(b) In the event either party is not at work throughout the entire ten working day period, the employee shall contact the immediate supervisor within ten working days after the absent party returns to work.

(c) In the event the supervisor and the employee cannot determine a solution or have exhausted all methods within their control at the discussion level, the employee may choose to contact the department of human resources and talent development within five working days after the discussion procedure set forth in paragraph (C)(3)(a) of this rule.

(4) Formal resolution - written complaint

(a) All complaints should be processed on the request for resolution form provided by human resources (see: http://www.utoledo.edu/depts/hr/laboremployee/docs/dispute-resolution-form.pdf). The form is to be completed and forwarded to the next level of management above the employees immediate supervisor within five working days after the last attempt between the supervisor and the employee to resolve the issue. Informational copies of the written complaint shall be sent to the associate vice president and chief human resources officer or designee. Response to the written request for resolution is to be made, in writing, to the employee within five working days from the date of receipt, with informational copies to be sent to the vice president for human resources or designee.

(b) Upon receipt, the employee shall review the decision to determine its acceptability. If it is unacceptable, the employee may appeal within five working days.

(5) Appeal:

(a) Any appeal by the employee shall first be made to the divisional vice-president or designee. The divisional vice president or designee shall meet with the employee and relevant parties to the dispute and shall have ten working days to render a written decision in the matter. Upon receipt, the employee shall review the decision to determine its acceptability. If it is unacceptable, the employee may appeal within five working days to the associate vice-president and chief human resources officer or designee.

(b) The associate vice president and chief human resources officer or designee shall confer, within ten working days, with parties having relevant information to the dispute. The vice president of human resources or designee shall respond, in writing within ten working days, to the employee, through the divisional vice president. The decision of the associate vice president and chief human resources shall be the final resolution to the dispute.

(c) All formal hearings at each step of the dispute resolution process will normally be held during the employee's normal working hours. Active hourly employees, who are required to meet in formal hearings during their non-working hours, will be compensated and the time will be considered as worked hours.

(d) The time limits set forth in the policy may be extended by agreement between the employee and a manager in writing only.

(e) If the employee fails to perfect an appeal within the specified procedural time limits, any further procedural steps or action on the dispute is prohibited and the dispute shall be considered as withdrawn.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 7/5/2016
Rule 3364-25-42 | Tax sheltered annuities.
 

(A) Policy statement

The university of Toledo offers a tax sheltered annuity program in accordance with applicable federal and/or state laws.

(B) Procedure

(1) Federal laws exempt an individual from paying taxes on a portion of their salary which they choose to defer in an annuity contract until retirement or separation from employment.

(2) Employees of the university may elect to have part of their compensation deferred in qualified tax sheltered annuities, which may have tax advantages for some employees. This program allows employees to save a portion of their pay through convenient payroll deductions made before federal and state income taxes are calculated. Employees who avail themselves of this plan can, in addition to the benefits they accumulate through the pension plan, earn tax deferred dollars, reduce current taxable income and accumulate assets for retirement.

(3) Neither the university nor any of its officers or employees assume any responsibility whatsoever for negligence, mistake or inadvertence, nor for computing the exclusion allowance and determining that the premiums are fully excludable from current taxable income.

(4) No partial premium payments on individual contracts will be made.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-43 | Classified continuous service.
 

(A) Policy statement

For the purposes of determining accrual of vacation and percentage of longevity pay for classified employees, seniority shall mean length of service with the state. The term "continuous service" shall be so construed that absence from employment due to illness, accident, other approved leaves of absence or layoffs up to two years due to lack of work or funds shall not cause a break in the meaning of the term "continuous service."

(B) Purpose of policy

The purpose is to set forth type of instances which shall cause a break of continuous service.

(C) Procedure

Continuous service shall be broken for any of the following reasons:

(1) Quit or voluntary resignation;

(2) Discharge for cause;

(3) Failure to return to work at scheduled expiration of leave of absence;

(4) A leave of absence may be canceled and service broken if the employee performs other work without the knowledge of the university;

(5) An employee absent from work for three consecutive working days without notification except in case of extreme personal emergency;

(6) An employee on layoff who fails to report for work within ten days after being notified by registered mail at their last address on file in the human resources department.

(D) References

Section 124.01 of the Revised Code.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-44 | Independent contractor status.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 5/31/2018
Rule 3364-25-45 | Performance evaluation, non-faculty.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 5/31/2018
Rule 3364-25-47 | Criminal background check.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 7/1/2016
Rule 3364-25-48 | Separation from employment.
 

(A) Policy statement

The university of Toledo recognizes that employees may separate their employment with the university for various reasons. Any employee who separates employment at the university is required to participate in the separation process. The employee's department is responsible for initiating the separation process.

(B) Purpose of policy

The purpose is to set forth types and standards for non-faculty separations from employment.

(C) Scope

This policy applies to all non-faculty employees and non-student employees at the university.

(D) Reasons

Employees leave the university for various reasons that may be either voluntary or involuntary.

(1) Resignation

(2) Retirement

(3) Contract cancellation/funding ends

(4) Event of an employee's death

(5) Position abolishment or layoff

(6) Disciplinary actions

(E) Notice

(1) Voluntary resignation: university non-faculty staff employees not under a contract may resign from employment at any time by providing at minimum, a standard two-week written notification to their immediate supervisor. Longer notice periods may be appropriate for key positions (manager level and above should provide, at minimum, a thirty day notice), and alternative notice arrangements may be negotiated with the employee and their department.

(2) Voluntary retirement: staff employees who elect to retire through a state retirement system ("OPERS", "STRS", etc.) should provide their supervisor at minimum, a thirty-day notice of their intent to retire.

(3) Involuntary due to abolishment, layoff or disciplinary actions: actions should be coordinated with the department's human resources ("HR") consultant.

(a) Classified employees may be involuntarily removed from civil service positions for failure of good behavior or other reasons articulated by state law. This includes disciplinary actions, upon conviction of a felony, position abolishment or layoff due to lack of funds, lack of work, or lack of continuing need for the position. The university will provide classified employees a minimum of fourteen days written notice prior to an abolishment or layoff. Any department that desires to remove, reduce, suspend or lay off a staff employee or abolish a position should contact their HR consultant to assure that the proper regulations are followed.

(b) Unless an unclassified employee is appointed pursuant to a contract stating a definite term of employment, unclassified employees serve at the will of an appointing authority. The university will provide unclassified employees ninety days written notice prior to separation unless the termination is for cause. Terminations for cause are immediate upon notification. Department should contact their HR consultant to assure that the proper regulations are followed.

(c) The ninety-day period for unclassified separations without cause commences on the day the notice is personally delivered or when mailed to the employee's last known address. This ninety-day period is a notice and will not be construed as a severance pay benefit or a change in employment conditions. Unclassified staff shall continue in their normally assigned positions, subject to termination.

(d) Bargaining unit employees receive notice as per their respective collective bargaining agreement.

(4) Due to death: the department should immediately submit the on-line separation information.

(5) Involuntary due to contract cancellation or funding ends: the department should contact their HR immediately upon confirmation that the funding will be ending.

(F) Ability to rescind a resignation.

(1) Classified civil service staff may rescind a resignation through the effective date of resignation.

(2) Unclassified staff acceptance of the withdrawal of a resignation is at the appointing authority's discretion. Managers/supervisors should consult with their HR consultant upon receiving a request to rescind a resignation.

(G) Effective date. When an employee leaves the university for any reason, the effective date of the separation is the last day worked. Employees may not use vacation or compensatory time after the last day worked to extend their service. Employees are expected to work through their notice period unless an alternative arrangement has been made and approved by HR. If an employee resigns while on a leave of absence, reference rule 3364-25-123 of the Administrative Code (leaves of absence other than FMLA and sick leave accrual.

(H) Separation submission. The department is responsible for immediately submitting the on-line separation process for voluntary separations. HR consultants will be responsible for initiating the on-line separation process for involuntary separations.

(I) Returning university property. In all instances it is incumbent upon employees to return all university property and pay any outstanding debts prior to their departure. The following are examples of such items but is not intended to be an all-inclusive list:

(1) ID card

(2) Keys/access card

(3) Library property/fines

(4) Files (physical or electronic)

(5) Office equipment or supplies

(6) Uniforms

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-49 | Outside employment.
 

(A) Policy statement

Staff employees who hold full or part-time non-university jobs may create undesirable working situations for the university, for other employees, and for themselves. An employee may not engage in any other type of employment or business during the hours he/she is employed by the university. This includes the use of university facilities for work not related to one's university job assignment. An employee may not undertake any other type of employment which clearly impinges upon or detracts from his/her availability and ability to perform requirements of the university position unless authorized by the appropriate vice president.

(B) Purpose of policy

To provide guidelines for employees who hold outside employment.

(C) Scope

This policy applies to employees of the university not governed by other agreements, policies, or rules and regulations.

(D) Procedure

The appropriate divisional vice president is responsible for implementation of this policy.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-51 | Solicitation, advertising and distribution.
 

(A) Policy statement

The university of Toledo regulates and restricts activities, by both employees, non-employees businesses, and organizations, involving solicitation, advertising, and distribution of literature (electronic or hard copy). The associate vice president and chief human resources officer or designee is the facility administrator to be contacted regarding solicitation, advertising, and distribution activities conducted on any campus of the university as it relates to human resources issues, and the associate vice president of marketing and communications or designee is the facility administrator to be contacted regarding solicitation, advertising, and distribution activities conducted on any campus of the university as it relates to marketing and student enrollment issues.

(B) Purpose of policy

The purpose is to ensure that university employees can perform their duties free from intrusions and work interruptions, to safeguard the security of persons, facilities, and property, and to ensure the privacy essential to patient care.

(C) Scope

This policy applies to all facilities and property on the campuses of the university or under the operating authority of the university. This policy applies to all solicitations, advertising, and distributions with the exception of philanthropic fundraising activities and requests for gifts by external or internal individuals and organizations for any purpose connected with the university. Registered student organizations activities are in accordance with policies and procedures governing those organizations. In addition, the activities of and visitation by certain vendors, representatives, and professionals may be addressed in policies specifically governing those individuals and organizations.

(D) Roles and responsibilities

(1) Activities by non-employees:

(a) An organization or non-employee which intends to solicit, advertise, or distribute literature to employees must, each visit:

(i) Give advance notice of forty-eight hours of such intention by contacting the facility administrator for each facility.

(ii) At the time the advance notice is given, provide a list of the names of the persons or alternates who wish access to the premises.

(iii) In the event two or more requests for access to a facility for the same or overlapping times have been made, the facility administrator should attempt to provide alternate designated areas. In the event that no alternate designated area is available, the facility administrator will grant access to the available designated area on a rotating basis with equal time for its use.

(iv) If the designated areas are unavailable due to a prior reservation, then the facility administrator shall immediately notify the requesting party of such conflict.

(b) An organization or non-employee may solicit, advertise, or distribute literature in designated areas, provided the employees being solicited are on non-working time. Designated areas are to be determined by the facility administrator and a list of such areas will be made available by the facility administrator upon request.

(c) An organization or non-employee may not distribute literature nor solicit employees in any work area, regardless of the fact that the employees are on non-working time.

(d) An organization or non-employee shall be permitted to submit notices for posting to the facility administrator. Such notices must be a reasonable size so as not to obstruct any other notices. All organizations or non-employees will have equal posting rights to any designated posting area. A list of the designated posting locations will be made available by the facility administrator upon request.

(e) An organization or non-employee shall be permitted to solicit or distribute literature in designated parking lots without providing advance notice.

(f) Solicitation or use of advertising material by a private business concern or individuals may be permitted when such effort is in support of university programs, provided it is authorized in advance by university marketing and communications.

(2) Activities by employees:

(a) An employee may solicit other employees in both non-work and work areas only if all employees involved are on non-working time.

(b) An employee may distribute literature in a non-work area on non-working time only if all employees involved are on non-working time.

(c) University departments or other units may be permitted to engage in solicitation for the university and/or their own departments with the prior approval of university marketing and communications. Said departments or units may not advertise for the university or themselves without the prior approval of university marketing and communications. Specific advertising must be reviewed and approved by university marketing and communications in advance as well as the choice of media for placement.

(3) Disruptive conduct:

The facility administrator reserves the right to regulate any solicitation or distribution activities by any non-employee or employee which disrupts or interferes with the normal work flow at the facility.

(4) Definitions:

(a) "Designated area" - means a facility location to be determined by the facility administrator.

(b) "Designated parking lot" - means an area to be determined by the facility administrator where employees and/or visitors park motor vehicles.

(c) "Organization" - means a body of persons established for a specific purpose.

(d) "Facility" - means any work or non-work areas comprising one worksite which is governed by and under the control of a state agency, department, board or commission.

(e) "Facility administrator" - means persons designated by an appointing authority to be contacted regarding solicitation or distribution activities conducted at any facility under the jurisdiction of the appointing authority.

(f) "Non-employee" - means any person not employed at the facility where solicitation is conducted, or any person not in an active work status.

(g) "Non-work area" - means areas to be determined by the facility administrator, and generally includes lobbies, cafeterias, public areas or designated parking lots.

(h) "Non-working time" - means approved leaves, lunch periods, and before and after scheduled working hours.

(i) "Solicitation" - means any activity conducted for the purpose of advertising, promoting, or selling any product or service, or encouraging membership in any group, association or organization.

(j) "Work area" - means areas to be determined by the facility administrator, and generally includes offices, work stations, conference rooms and corridors leading directly thereto which are used as an integral part of performing work and any area where the employee performs his/her official duties. In agencies where services are being delivered to the public, the entire public area is considered a work area. In hospitals, generally patient-care areas and areas where visitors have access and patient care is involved are work areas.

(k) "Working time" - means that time when an employee's duties require that he or she be engaged in work tasks, but does not include an employee's own time, such as meal periods, vacations, time before or after a shift.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-52 | Personal days for hourly employees.
 

(A) Policy statement

Non-probationary full and part-time hourly non-bargaining unit employees may be eligible to use personal time. The maximum amount of personal time is sixteen hours and will be pro-rated based upon the number of actual hours paid to the employee in the previous year. Employees must have unused sick time available in order for it to be converted annually to personal time. Personal time listed on the employee's earning statement may be used for personal reasons other than illness or injury. Temporary and salaried employees are ineligible for personal days.

(B) Purpose of policy

To provide procedures for use of unused sick leave for personal reasons.

(C) Scope

This policy applies to hourly non-bargaining unit employees on all campuses.

(D) Procedure

(1) Notification and approval:

(a) Employees will arrange time off for personal leave with the employee's supervisor in advance of the requested absence and the employer shall grant the time off, subject to the availability of adequate personnel in each department or area to maintain regular operational needs.

(b) Employees will arrange time off for personal leave with the employee's supervisor at least forty-eight hours in advance of the planned absence and the employer shall respond within twenty-four hours.

(c) Requests for personal time will not be unreasonably denied.

(d) Supervisors are authorized to approve an employee's personal time usage whenever it is deemed logical and reasonable to do so up to a maximum of sixteen hours.

(2) Use of leave:

Personal leave chargeable to sick leave may be used in any block of time, but cannot exceed the employee's current daily schedule e.g., a sixteen hour employee working four hours per day can only take up to four paid hours off per day.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-55 | Absenteeism/tardiness guidelines.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 11/3/2016
Rule 3364-25-56 | Compensatory time accrual and use.
 

(A) Policy statement

Hourly non-bargaining unit employees may accrue and elect to use compensatory time in selected pay situations as defined herein and according to the Revised Code. The university will uniformly administer this policy for eligible employees.

(B) Purpose of policy

To provide procedures for the accrual and use of compensatory time in compliance with section 124.18 of the Revised Code.

(C) Scope

This policy applies to hourly non-bargaining unit employees on all campuses.

(D) Procedure

(1) Election and accrual

(a) If the employee elects to take compensatory time off in lieu of overtime pay for any overtime worked, such compensatory time shall be granted by the employee's administrative superior, on a time and one-half basis, at a time mutually convenient to the employee and the administrative superior.

(b) Compensatory time is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee.

(c) An employee may accrue compensatory time to a maximum of two hundred forty hours. An employee shall be paid at the employee's regular rate of pay for any hours of compensatory time accrued in excess of these maximum amounts if the employee has not used the compensatory time within three hundred sixty-five days after it is granted, ceases to be employed by the university or if a change in the employee's status exempts the employee from the payment of overtime compensation.

(d) Upon the termination of employment, any employee with accrued but unused compensatory time shall be paid for that time at a rate that is the greater of the employee's final regular rate of pay or the employee's average regular rate of pay during the employee's last three years of employment with the state.

(2) Overtime

No overtime, as described in this policy-can be paid unless it has been authorized by the authorized administrative authority. Employees may be exempted from the payment of compensation as required by this section only under the criteria for exemption from the payment of overtime compensation established in the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.

(3) Holidays

When an employee who is eligible for overtime pay under this policy is required by the employee's responsible administrative authority to work on the day observed as a holiday, the employee shall be entitled to pay for such time worked at one and one-half times the employee's regular rate of pay in addition to the employee's regular pay, or to be granted compensatory time off at time and one-half thereafter, at the employee's option. Payment at such rate shall be excluded in the calculation of hours in active pay status.

(4) Notification and approval

(a) Employees may use accrued compensatory time at a time that is mutually agreeable to both the employee and the employee's immediate supervisor. Accordingly, the use of compensatory time requires advance approval by an individual's supervisor. A supervisor has the responsibility and authority to approve or disapprove an employee's request to use accrued compensatory time based on his/her judgment of departmental necessity.

(b) A supervisor may approve an employee's request to use accrued compensatory time when:

(i) An employee's request is made reasonably in advance, allowing the affected supervisor to plan and schedule as necessary;

(ii) Accrued sick leave is exhausted and an employee would like to use compensatory time; or

(iii) An employee, due to various circumstances does not work the budgeted hours and requests to use compensatory time to total budgeted hours for that pay period.

Normally, it is advantageous to allow an employee to utilize accrued time. However, supervisors are not required to approve an employee's request.

(c) Prior to an unpaid leave of absence, or any period of time that an employee does not work and is not compensated for the total budgeted hours in a pay period, department management has the authority to use available compensatory time and vacation to total the individual's budgeted hours until such accrued time is exhausted. Vacation hours should not be used to total budgeted hours for a pay period until all outstanding compensatory time has been used. Department managers may make exceptions as follows:

(i) An employee requests and the supervisor approves a leave without pay for four hours or less.

(ii) An employee is asked and mutually agrees to take time off due to decreased census or lack of need.

(iii) An employee is habitually late resulting in a docking of the individual's pay.

Compensatory time may not be used during any scheduled work period that results in earning overtime, holiday pay or additional compensatory time.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-59 | Compensation and salary administration.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-60 | H-1B employer compliance.
 

(A) Policy statement

As the "petitioner", the university of Toledo "UT" must strictly adhere to all federal regulations governing employment based H-1B petitions I-129 petitions for nonimmigrant worker. Rules and regulations are mandated by the U.S. department of labor "DOL," department of homeland security, "DHS," department of state "DOS," and U.S. citizenship and immigration services "USCIS."

This policy summarizes the key obligations that UT must adhere to when sponsoring an H-1B petition. Each H-1B petition shall have a designated point-of-hire/hiring department "POH" who is accountable to ensure compliance under this policy in addition to any and all federal regulations.

(B) Purpose of policy

To ensure that the university maintains compliance under federal immigration regulations and to define the POH's role in the H-1B sponsorship process.

(C) Scope

This policy applies to any UT employee involved in the hiring and sponsoring of a foreign national under the university's H-1B program. Employees include but are not limited to departmental administrators, supervisors, business managers, principle investigators, HRTD consultants, department chairs, and deans.

(D) Procedure

(1) H-1B sponsorship: The university of Toledo routinely sponsors H-1B petitions on behalf of eligible foreign national employees for certain faculty, research, and non-faculty staff positions that qualify as "specialty occupations."

(a) Office of international student and scholar services "OISSS" shall be the designated office to file correspondence with DOL and USCIS on behalf of the petitioner (UT);

(b) OISSS shall have final authority to determine if the proffered position qualifies as a specialty occupation;

(c) Private retention of outside immigration counsel is not permissible.

(2) University positions typically eligible for H-1B sponsorship at UT (this list is not exhaustive):

(a) Full-time faculty (academic and clinical) positions (e.g., professor, assistant/associate professor);

(b) Full-time non-faculty teaching positions (e.g., lecturer, visiting assistant professor);

(c) Full-time non-faculty research positions (e.g., researcher, research associate, research scientist, research assistant professor, research engineer, postdoctoral research associate/fellow);

(d) Full-time non-faculty staff positions that qualify as a "specialty occupation."

OISSS can never guarantee the approval of any H-1B petition; USCIS has final authority to grant or deny any petition. The POH shall never promise sponsorship to a prospective employee or guarantee success of an H-1B petition.

(3) University positions that are not eligible for H-1B sponsorship at UT:

(a) Student employment positions;

(b) Intermittent/call-in status positions (where the POH cannot guarantee a minimum number of hours per week that the prospective employee will be compensated);

(c) Any position that does not qualify as a "specialty occupation";

(d) Any position that does not meet the "required wage."

(4) Medical residents/fellows

The POH shall reference and maintain accordance with policy number 3364-86-004-00.

(5) Part-time positions and H-1B sponsorship:

An H-1B may be sponsored for part-time positions that qualify as "specialty occupations" at OISSS's discretion. This type of sponsorship places an additional burden on the POH to track hours, in addition to other regulations the university must follow in order to remain compliant with federal law:

(a) DOL requires employers to keep records of hours worked each day and each week for all part-time H-1B employees. These records must be maintained by the POH and may be requested by OISSS or DOL at any time;

(b) Part-time workers must be paid for at least the number of hours indicated on form I-129 (H-1B petition).

(6) Fees: the POH is obligated to pay any and all required fees associated with filing an H-1B petition. The POH may not charge any amount back to the foreign national employee nor can the employee's wage be temporarily reduced to cover the fees associated with his/her H-1B petition.

Premium processing service is an optional fee. The POH must consult OISSS in regards to payment of this fee.

(7) Finite time period: H-1B status is subject to a six year limit; up to three years may be requested at a time. Few exceptions may exist to extend beyond the six year limit.

(a) If an extension of H-1B status is desired, the POH must notify OISSS six months prior to the expiration to avoid a gap in employment.

(b) If the POH has intentions to keep an employee beyond six years, the POH is responsible for contacting OISSS no later than the end of their fourth year in H-1B status to discuss potential options for permanent residency.

(8) Export control: The POH and/or principle investigator is responsible for adhering to any and all federal export control policies and procedures managed by the office of research and sponsored programs.

(9) H-1B required wage obligations: The DOL mandates wage requirements for the entire duration of H-1B employment. The POH must communicate with OISSS with regard to realistic start and end dates, taking into consideration the varying processing times and the ability to compensate the position for the entire approval period.

"Required wage" is defined as the rate of pay which is the higher of:

(a) The actual wage (the wage rate paid by the employer to all individuals with experience and qualifications similar to the H-1B nonimmigrant's experience and qualifications for the specific employment in question at the place of employment); or

(b) The prevailing wage rate (determined as of the time of filing the labor condition application "LCA") for the occupation in which the H-1B nonimmigrant is to be employed in the geographic area of intended employment.

(c) The university's obligation to pay the "required wage" to the H-1B worker begins upon the approved H-1B start date where the worker makes him/herself available for work, regardless of any employer-related conditions that may prevent the employee from beginning work. However, compensation shall never begin later than thirty days after the H-1B worker enters the U.S. to take the job or, where the worker is already in the U.S., sixty days after the H-1B worker is authorized to work for the employer.

For the purpose of this policy, "employer-related conditions" include but are not limited to:

Lack of assigned work, lack of a permit or studying for a licensing exam, short-term furlough, pre-employment hiring requirements related to drug-testing, background checks, orientation, etc., and the lack of or pending social security number.

(d) The POH guarantees at the time of hire that the H-1B employee will be paid the "required wage" for the entire duration of H-1B status as requested. If any changes are to be made to salary and/or benefits package, the POH must notify OISSS prior to any change going into effect.

(e) The "required wage" must be paid in pro-rata installments.

(f) The university must pay the "required wage" when the employee is placed in a nonproductive status due to employer-related conditions.

(g) The university is not obligated to pay the "required wage" when the H-1B worker experiences a period of nonproductive status due to conditions unrelated to employment which take the worker away from his/her duties at his/her voluntary request and convenience (e.g. touring the U.S., caring for ill relative) or render the nonimmigrant unable to work (e.g., maternity leave, automobile accident which temporarily incapacitates the nonimmigrant), provided that such period is not subject to payment under the employer's benefit plan or other statuses such as the Family Medical Leave Act (FMLA) or the Americans with Disabilities Act.

(h) The POH must inform OISSS prior to placing the employee in non-productive status to ensure compliance with the DOL regulations.

(i) The university's obligation to pay the "required wage" does not cease until there has been a bona fide termination of the employment relationship.

For the purposes of this policy, "bona fide termination" does not occur until OISSS notifies USCIS of the termination. HR termination of the employment relationship does not end the university's obligation to pay an H-1B employee the "required wage".

(j) The POH is responsible for notifying OISSS immediately upon the termination of an H-1B worker (whether it is voluntary employee resignation or employer termination). A thirty day notice should be provided, when possible.

(k) In the event that the university terminates the employment relationship prior to the end of the employee's authorized period of stay, the university will be liable to pay for the reasonable costs of return transportation to the employee's home country. There is no liability where the employee voluntarily resigns.

(10) Material "substantial" changes to position: An H-1B employee is only permitted to work under the original terms of employment approved by DOL and USCIS. The POH must notify OISSS of any desired changes to the terms of employment prior to that change going into effect, including but not limited to changes to job title, job requirements or duties, hours to be worked, salary, and work location (worksite or building).

OISSS shall have final authority to determine whether the changes are deemed "material", thus requiring the filing of an amended H-1B petition with USCIS.

(11) Fines/penalties/sanctions: Failure to comply with any and all DOL and USCIS mandated regulations can result in substantial criminal and/or civil penalties for the responsible stakeholder (POH), the foreign national employee, and the university as a whole. Civil sanctions may include but are not limited to fines in the amount of one thousand dollars, five thousand dollars, thirty-five thousand dollars, back wages with compound interest, debarment of the university from participating in the H-1B program in the future. Additional penalties or sanctions may exist.

(12) Citations:

8 C.F.R. 214.2(h)

20 C.F.R. Part 655, Subpart H

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-61 | Re-employment of retirees.
 

(A) Policy statement

Employees, including faculty, who retire from the university of Toledo through a state retirement system or the alternative retirement program ("retirees") may be hired into a university position in accordance with federal and state laws and university policy. Reemployment after retirement is not an entitlement; however, individuals may possess institutional knowledge or other unique skills and experience requiring longer lead time for project completion and/or staffing and replacement initiatives. Retirees who have already been re-employed at the university of Toledo prior to the adoption of this policy will not be subject to this policy in their current positions. Moving forward, however, retirees may only be rehired as outlined in this policy.

(B) Purpose of policy

To provide uniform, consistent procedures relating to rehiring retirees. The university strives to ensure that future staffing needs are met through succession planning or other appropriate sourcing procedures, with an emphasis on consideration of internal talent to provide opportunities for advancement and professional growth.

(C) Scope

This policy applies to the re-employment of retired university of Toledo faculty and staff. A retiree seeking re-employment is any individual:

(1) Who was previously employed by the university in any capacity, and

(2) Who left the university in good standing, and

(3) Who retired, or who has applied for retirement, from the university of Toledo, and

(4) Who is seeking re-employment in any capacity at the university of Toledo following retirement.

(D) Rules

(1) Re-employment to the same or a similar position held at the time of retirement may be considered based on reasons that are in the best interest of the university. A retiree rehired by the university of Toledo in the same or a similar position will work fewer hours and receive a rate of pay lower than his or her previous salary at the time of retirement unless otherwise precluded by collective bargaining agreements or contractual agreements that govern research grants.

(a) Reasons to re-employ an individual in the same or a similar position held at the time of retirement include:

(i) To retain and transfer specialized knowledge or breadth of university contacts from the retired employee to others.

(ii) To manage a function while a search is in process.

(iii) To maintain current capability during or in anticipation of an organizational redesign or restructuring.

(iv) To oversee or complete a significant university project or grant.

(v) To manage university staffing needs that may vary with changes in enrollment.

(b) Re-employment of a retiree will be for the duration of no more than twelve months. Any extensions beyond the twelve months are at the sole discretion of the appointing authority. The appointing authority may terminate the re-employed retiree without cause with ninety day notice, or immediately for cause.

(2) A retiree hired into a different position from which he or she retired will be paid consistent with the assigned duties to be performed and within the pay range for the job classification.

(a) The normal university employment search process must be followed.

(b) Benefit eligibility must be discussed with human resources ("HR") prior to employment.

(3) Re-employment to a faculty position. Faculty may be rehired in temporary or term positions, which are without tenure or eligibility for tenure.

Rehired faculty are eligible for research funds and participation in grant and other project proposals according to the rules and regulations governing each individual research grant.

(4) When factors weigh in favor of rehiring a retiree, the appointment may occur subject to the other provisions of this policy and the following conditions:

(a) It is the responsibility of the retiree to contact the appropriate retirement system to discuss how the change in employment status may impact pension and benefit options.

(b) An employee who has retired through any public retirement system who is re-employed by the university will not be given credit for any prior service credit upon rehire.

(c) An employee who retires and receives a cash benefit conversion of sick leave upon retirement is not eligible for another payout of accrued sick leave upon subsequent rehire and separation from the university.

(d) Other benefit eligibility will be determined by the terms of the university benefit plans and procedures and applicable law.

(e) All re-employed retirees serve at the discretion of the appointing authority.

(f) University policies and procedures apply to rehired retirees.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-62 | Appointment and classification.
 

(A) Policy statement

The university classifies positions in relation to the level of duties and responsibilities as prescribed by federal, state law and/or university practices. All university employees are appointed to positions on the basis of qualifications and position requirements as prescribed by federal laws, state laws and/or university practices.

(B) Purpose of policy

The following policy was developed to ensure compliance with federal and state laws.

(C) Appointment

The board of trustees is designated as the appointing authority for purposes set forth in Chapter 124. of the Revised Code. The board of trustees through resolution has designated the president and individuals holding specific titles as appointing authority. Only an appointing authority can authorize employment. Offers of employment must be confirmed in writing and require the signature of an appointing authority.

(D) Classification types

Under the civil service laws of the state of Ohio and pursuant to the provisions of Chapter 124. of the Revised Code, positions are divided into the classified and unclassified service.

(1) Classified civil service - Consists of all employees not specifically placed in the unclassified service. Employees may be appointed to, or removed from, positions by the appointing authority.

(2) Unclassified - Consists of positions such as presidents, business managers, administrative officers, deans, assistant deans, instructors, teachers, and such employees as engaged in educational or research duties connected with the university, as determined by the university. Employees are appointed or removed by the board of trustees upon the recommendation of the appointing authority.

All university appointments are for on-site employment. The university does not extend offers of employment to work remotely unless the job description indicates that the duties of the position require the individual to be located elsewhere or to travel as part of their duties.

(E) Appointment types

(1) Regular appointment - an appointment which may be classified civil service "CCS" or unclassified and may be full or part-time at any percentage of full time equivalency (zero to one-hundred per cent full time employee "FTE."

(a) Part-time appointments are limited to a maximum average of twenty-four hours per week

(b) Regular CCS appointments are employment relationship between the university and the employee that is intended to be ongoing, subject to the needs of the employing unit, and meeting the standards of job performance.

(c) Regular, unclassified appointments are at will.

(2) Regular appointments on an alternative work schedule - regular appointments allowing for reduced staffing during summer semester with benefit coverage for twelve months.

(a) Staff employees will be designated with either a nine-month appointment or ten-month appointment.

(b) Benefit premiums will be deducted over eighteen pays.

(3) Salaried - under the department of labor (DOL); Fair Labor Standards Act (FLSA) positions that are paid on a salaried basis (set amount each pay period); receive a minimum weekly salary per the current standard; and meet one of the standard duties tests: executive, administrative, professional (creative, learned and computer) and outside sales. Positions that meet the criteria in this policy are not eligible for overtime or compensatory time off.

(4) Hourly - under the DOL; FLSA positions that do not meet the criteria in this policy are considered non-exempt and are paid on an hourly basis for all hours worked. These positions receive overtime pay of one-and-one-half for all hours worked over forty in a work week.

(5) Postdoctoral - Are individuals who completed a doctor of philosophy (Ph.D.), doctor of medicine (M.D.) or comparable degree and whose goal is to acquire additional training and experience in order to enter a career in academia and/or research. These are temporary appointments, and work under the supervision of a faculty mentor who is responsible for the fiscal and intellectual activities. Appointments shall not exceed six years after receipt of a Ph.D., M.D. or comparable degree.

(6) Temporary appointment - health science campus (HSC) - an appointment for a limited period of time, fixed by the appointing authority and approved by the appointing authority for a period not to exceed one hundred twenty-five calendar days, except if necessary by reason of sickness, disability, or other approved leave of absence of regular officers, or employees, in which case it may continue during the period of sickness, disability, or other approved leave of absence, subject to the rules of the appointing authority.

(a) Temporary appointments are considered unclassified positions, serve at the discretion of the appointing authority and

(b) Are for a limited duration

(c) Are for a specific project

(d) Are limited to a maximum average of twenty-four hours per week

(e) Augments regular staff due to increased work-loads or staff shortages or

(f) Replaces a regular employee during the absence due to illness, leave of absence or vacation.

(7) Intermittent-seasonal appointment - an appointment which serves at the discretion of the appointing authority and;

(a) Are considered unclassified positions

(b) Works irregular hours or days on an as-needed basis

(c) Is required to work less than one thousand hours per calendar year and is limited to a maximum average of twenty-four hours per week.

(8) Contingent - an appointment which serves at the discretion of the appointing authority and;

(a) Are considered unclassified positions

(b) Works irregular hours or days on an as-needed basis

(c) Is required to work less than one thousand hours per calendar year and are limited to a maximum average of twenty-four hours per week.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 3/31/2018
Rule 3364-25-65 | Consensual romantic and/or sexual relationships.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 5/31/2018
Rule 3364-25-67 | Workplace violence.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 3/31/2018
Rule 3364-25-68 | Winter break.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-101 | Overtime.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 5/31/2018
Rule 3364-25-104 | Drug-free workplace.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 3/31/2018
Rule 3364-25-105 | Employee drug and alcohol abuse.
 

(A) Policy statement

It is the university of Toledo's objective to provide the highest quality health education, research, and services, with a responsibility to do so in a safe environment. Employees under the influence of drugs and/or alcohol while on the job create serious safety and health risks to themselves, patients, guests, co-workers, and the university. The university subscribes to a zero tolerance stance regarding drug and/or alcohol abuse. The university prohibits the unlawful manufacture, distribution, dispensing, possession, or use of any controlled substance including the unsanctioned use of alcohol, on university property, or as any part of its activities. The term "controlled substance" means a controlled substance in schedules I through V of Section 202 of the Controlled Substance Act, 21 U.S.C. 812. This includes all illegal drugs and legal drugs used without a physician's order. It does not prohibit taking prescribed medication as directed by a physician. Marijuana prescribed or recommended by a physician pursuant to state law remains an illegal drug listed on schedule I of the Controlled Substances Act ("CSA"), and the use, possession, or distribution of medical marijuana is prohibited.

(B) Prohibited activities under the policy:

(1) Alcohol: The use, possession, or being under the influence of alcohol while performing job responsibilities is prohibited and is subject to corrective action up to and including termination of employment. Employees suspected of being under the influence may be tested following rule 3364-25-105.1 of the Administrative Code (drug and alcohol testing).

(2) Illegal drugs: The use, sale, purchase, transfer, possession, or being under the influence of an illegal drug (and/or the use, sale, purchase, transfer, possession, or being under the influence of a legal drug for illegal purposes) is prohibited. Employees engaging in the use, sale, purchase, transfer, possession, or being under the influence of an illegal drug will be subject to corrective action up to and including termination and possible criminal prosecution. Marijuana, even if prescribed or recommended pursuant to state law, remains illegal under federal law and the university considers it to be an illegal drug for purposes of this policy. Employees suspected of being under the influence may be tested following rule 3364-25-105.1 of the Administrative Code (drug and alcohol testing).

(3) Legal drugs: The use, or being under the influence of any legally obtained drug while performing job responsibilities is prohibited to the extent such use or influence may affect the safety of patients, guests, or co-workers. Employees are responsible for advising their supervisor whenever they are taking prescribed medication under the direction of a physician which may adversely affect their job performance or the safety of themselves or others. When the use of a prescribed medication may adversely affect job performance, it is in the best general interest of the employee, co-workers, and the university that sick leave or personal leave be used. Employees misusing or illegally using legal drugs will be subject to corrective action up to and including termination of employment.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-110 | Probationary period.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
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Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 3/31/2018
Rule 3364-25-111 | Corrective action (non-collective bargaining unit employees).
 

(A) Policy statement

It is expected that the employees of the university of Toledo maintain high standards of behavior, conduct, and work performance consistent with our mission and vision. Employees who fail to abide by the established standards may be subject to appropriate disciplinary action. When implementing discipline as corrective action, each university of Toledo division/college shall undertake disciplinary measures for the purpose of correcting an offending employee's inappropriate conduct/behavior.

(B) Purpose of policy

The purpose is to advise employees of actions or behavior subject to corrective action and procedures. Disciplinary actions should be imposed with the intent of giving the employee the opportunity to correct his/her behavior. If such correction does not occur, the level of discipline should become more severe. Certain offenses, by their nature, may warrant more severe disciplinary action up to and including removal, irrespective of issuance of prior discipline.

(C) Scope

This policy applies to employees not covered by a collective bargaining agreement.

(D) Procedure

A non-bargaining unit classified employee may be subject to corrective action for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty or any failure of good behavior, or any other acts of misfeasance or nonfeasance in office, use of alcohol or abusive drugs while on duty, or for other just cause.

Exempt unclassified employees occupying positions in a non-collective bargaining unit are considered at will employees. As such, they may be subject to progressive discipline at the discretion of the university, or be suspended or terminated for cause at its sole discretion. Unclassified employees may be reduced, suspended, or removed only by an appointing authority - not by the supervisor or department head.

(E) Process

Applicable to classified employees

(1) In cases involving the discipline of an employee, the university will ordinarily follow the principle of progressive corrective action through a system of oral reprimand, written reprimand, suspension(s), and dismissal. However, it is recognized that a combination of various corrective actions against an employee, or an act of a serious nature may prompt the university to consider and bypass one or more of the corrective action steps outlined in this paragraph.

(2) Corrective action shall be taken with discretion, so as not to cause public embarrassment to the employee.

(3) Supervisors must discuss disciplinary cases with a human resources and talent development designee before taking action. Classified employees may be reduced, suspended, or removed only by the appointing authority--not by the supervisor or department head.

(4) Employees shall be afforded an opportunity for a hearing during the employee's regularly scheduled working hours, or a mutually agreeable time other than the scheduled working hours before the human resources hearing officer prior to being dismissed or suspended without pay. Employees required to attend such hearings will be paid for actual hours spent in such hearings. Employees who fail to appear at their scheduled hearing for any reason shall forfeit the right to a hearing provided reasonable notification of the hearing was provided. In such cases, appropriate corrective action may be given to the involved employee without a hearing. Prior to such hearing, the charges shall be reduced in writing with a copy to the employee. Approval, prior to the hearings, from the immediate supervisor, to release an employee(s) from regular duties during working hours to testify must be obtained. In special cases an employee may be suspended with or without pay pending a hearing by an appointing authority. In assessing penalties, the offense(s) do not have to be of the same type or kind as any previous offense(s).

(5) After twelve months' corrective action records, which have resulted in suspension of three days or less, shall be disregarded in subsequent corrective action or in considering the employee for promotion, transfer or voluntary demotion. Upon written request by the employee, these records may be removed from the employee's personnel file after twelve months. All records of corrective action shall be maintained only in human resources and talent development.

(6) Corrective action records which have resulted in suspensions of more than three days shall be disregarded in subsequent corrective action or in considering the employee for promotion, transfer or voluntary demotion after twenty-four months, provided there have been no subsequent suspensions in the intervening period. Upon written request by the employee, these records may be removed from the employee's personnel file after twenty-four months, provided there have been no subsequent suspensions in the intervening period.

(7) Employees will receive a written notice of a suspension, a reduction, or a removal from the appointing authority. Non-bargaining unit classified employees may appeal a reduction, suspension in excess of three working days, or removal, to the state personnel board of review. A suspension of three or fewer working days may not be appealed to the state personnel board of review.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-112 | Working out of classification.
 

(A) Policy statement

An employee may be assigned to temporarily take over the duties of a higher level position because the incumbent in the higher level position will be unable to fulfill those duties because of an absence due to vacation, illness, leave of absence, or other approved reason.

(B) Purpose of policy

The purpose is to advise employees of the process for working out of classification situations.

(C) Scope

This policy applies to hourly employees not covered by a collective bargaining agreement.

(D) Procedure

(1) The employee's pay will be established at the minimum base rate or the higher position or at a rate that is at least four percent above the employee's current base for the period the employee occupies the position.

(2) When it is necessary to work in a higher classification as specified above, the work shall be offered to qualified employees in the department or area on the basis of seniority on a voluntary basis. If the employee selected is unable to fill the position, the temporary assignment shall again be offered on the basis of seniority on a voluntary basis.

(3) When an employee is offered a temporary position outside the bargaining unit, it shall be on a voluntary basis and does not have to be offered by seniority.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-113 | Recruitment of personnel and hiring procedures.
 

(A) Policy statement

The human resources department ("HR") shall provide a service for the university of Toledo by recruiting staff employees. Advertising for applicants will originate from the HR department. The university supports an open and fair competitive process.

(B) Procedure

Whenever a position becomes vacant or a new position is created, the hiring department must complete an electronic personnel authorization ("EPAF") request to secure the necessary approvals and begin the recruitment process.

(C) The EPAF includes the position description with comprehensive up-to-date position duties and qualifications. Once job duties and classification have been provided, HR shall determine the appropriate classification and appointment category. All university appointments are for on-site employment. The university does not extend offers of employment to work remotely unless the job description indicates that the duties of the position require the individual to be located elsewhere or to travel as part of their duties.

(1) Requests for a new position are also processed by use of the EPAF and must be accompanied by a position description denoting the basic character of the work, examples of duties, essential knowledge, abilities and skills required, and working conditions. The classification of a new position will be determined by HR in accordance with civil service regulations, the policies of the university, and laws set forth in the Fair Labor Standards Act. Positions shall be designated based on actual duties performed by the position. In no case will positions be designated to a higher or lower classification than the duties allow.

(2) The EPAF and position description must be approved appropriately by the department head, the office of financial planning, analysis, and budget and HR. HR will respond within seventy-two hours provided all required materials and supporting information are properly submitted.

(3) After the approval process is completed and HR has received appropriate paperwork, the position vacancy will be posted on the university's online website; interested employees must apply online. All full time classified and unclassified position openings at the university are posted on the university's employment opportunity site located at http://jobs.utoledo.edu. Lateral and vertical job mobility is encouraged.

(a) If a position is determined to be in a bargaining unit, the respective contract provisions on bidding will be followed.

(b) The department or unit is strongly encouraged to review personnel files and contact supervisors of the employees.

(c) Interviewing managers may offer the position to a qualified internal candidate. Once accepted, the interviewing manager must notify HR and all other internal candidates of the reason for their non-selection and contact the employee's current supervisor to arrange for an effective date of transfer, in accordance with the timeframes in any applicable collective bargaining agreement.

(4) If recruiting externally, the interviewing manager will work closely with their HR consultant to create a recruitment plan and assist the hiring department throughout the process.

(5) Once a selection is made, the hiring department will inform HR of its selection. HR will make the employment offer, with consideration for the affirmative action plan, and schedule all preemployment requirements, such as background checks, pre-hire drug tests, etc.

(6) All candidates for hire on the health science campus and/or university of Toledo medical center ("UTMC") must be cleared by occupational health in compliance with the university's drug screen and immunization review process, as well as a cotinine test for UTMC candidates for hire, by the first day of work. The university may rescind offers of employment if requirements for employment are not satisfactorily met. Employees may be relieved from duty if the requirements are not complete.

To enter new employees on the payroll properly, see the rule 3364-25-119 of the Administrative Code (personnel actions).

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 3/31/2018
Rule 3364-25-114 | Wage increases - non-contract employees.
 

Policy statement

Hourly employees assigned to either a classified or unclassified pay range are eligible to receive the following three types of wage increases.

(A) Probationary increases

After the one hundred twenty day probationary period, such employees will receive an increase to the next higher step within the range. Employees serving probationary periods in excess of one hundred twenty days will receive an increase to the next higher step within the range after one hundred twenty days.

(B) Anniversary increases

Classified and unclassified hourly employees will receive an increase to the next higher step within the pay range twelve months after the completion of their probationary period. Reclassification of an employee does not affect these dates.

(C) Negotiated increases

Employees occupying positions covered by a collective bargaining agreement shall receive wage rate adjustments in accordance with the contract currently in effect.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-116 | Employment eligibility verification.
 

(A) Policy statement

The Immigration Reform and Control Act of 1986 (IRCA), as amended by the Immigration Act of 1990, requires employers to hire only persons who may legally work in the United States.

The human resources department ("HR") is responsible for the development of all pre-employment procedures and determines the appropriate documentation required prior to hire. HR shall ensure that the documentation required is in accordance with IRCA and other applicable federal and state laws and regulations. To comply with the law, the university of Toledo must verify the identity and employment eligibility of everyone hired.

The following procedures must be followed by representatives of the university who are responsible for the hiring process and authorized to extend an offer of employment.

(B) Procedure

Completing the form I-9

A person must present a document(s) that establish identity and employment eligibility. A person can consult with HR to obtain a list of acceptable documents.

To the extent practical, candidates will complete the form I-9 (employment eligibility verification) before their first day of employment. The form I-9 is completed at the time an employee presents himself in HR or hiring department to complete the pre-employment requirements. Persons drug tested at a facility other than the university will complete the form I-9 on their first day of employment. The form I-9 may also be completed by a CUPA-HR I-9 (reciprocal processing consortium institution).

The form I-9 identifies various documents that will satisfy the requirements. The form I-9 must be completed within three business days of the date employment begins. Persons are ineligible for employment if they are unable to present the required documents. Persons unable to present the required documents are employment eligible if they present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety days of the date employment begins.

The person must have indicated on or before the time employment began, by having checked an appropriate box in section one, he/she is eligible to be employed in the United States. Failure to produce the required documents will result in an immediate ability to work until compliant with this regulation.

Once completed, form I-9s will be maintained in a file separate from the employment record.

Non-faculty staff

HR is responsible for extending offers of employment for all non-faculty positions and for verifying eligibility for university employment unless otherwise noted.

Faculty

Academic affairs is responsible for ensuring the completion of all pre-employment documents and verifying the eligibility for university employment.

Residents

New residents will complete the form "I-9" during resident orientation on their first day of employment. I-9s for residents will be completed by the area managing their new hire process. The office of graduate medical education is responsible for verifying the eligibility of residents for university employment.

Graduate students

I-9s for graduate students working on the health science campus will be completed by HR. I-9s for graduate students working on main campus will be completed by the areas managing their new hire process.

The office of international student scholar services is responsible for verifying the eligibility of international graduate students for university employment.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 11/3/2016
Rule 3364-25-117 | Reclassification and audits.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 3/31/2018
Rule 3364-25-119 | Personnel actions.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated August 4, 2023 at 4:28 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Prior Effective Dates: 3/31/2018
Rule 3364-25-123 | Leaves of absence (other than FMLA) and sick leave accrual.
 

(A) Policy statement

The university of Toledo recognizes that situations arise in which employees may need to request a leave of absence. Nothing in this policy shall be construed as limiting or superseding any leave granted under the Family Medical Leave Act of 1993, and as amended "FMLA."

University employees can earn sick leave at the rate of four and six-tenths hours for each completed eighty hours of service for actual hours in a pay status (fifteen workdays per year). There is no limit on the amount of sick leave which may be accumulated.

Employees who work fewer than forty hours a week will earn sick leave on the basis of actual hours in pay status each pay period.

Immediate family, as defined in Revised Code, currently includes an employee's spouse or significant other ("significant other" as used in this definition means one who stands in place of a spouse and who resides with the employee), parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, step-parents, step-children, step-siblings, or a legal guardian or other person who stands in the place of a parent (in loco parentis).

(B) Purpose of policy

This policy is intended to explain the various leaves of absence with the exception of FMLA. Specifically covered in this policy are the following:

(1) Funeral leave.

(2) Military reserve duty leave.

(3) Sick leave.

(4) Leave of absence without pay.

(5) Parental leave.

(C) Procedure

(1) Funeral leave

An employee who is absent from work due to a death in the employees immediate family shall be granted a leave of absence not to exceed five consecutive working days (excluding weekends and holidays) to make funeral arrangements and to attend the funeral. The funeral leave shall not extend beyond the date of the funeral, even if a balance of five days exists. If the funeral is out of town (five hundred miles round trip), one day from the balance of the initial five days may be used for return travel. Each full-time or regular part-time employee shall be granted a leave of absence not to exceed one day to attend the funeral of a former immediate family member. Pay for such leave may be deducted from the employee's accumulated sick leave up to the maximum of hours scheduled on the days taken off.

If sufficient sick leave is not available, and the employee chooses not to use accrued compensatory or vacation leave, the employee may be granted a leave of absence without pay for up to five consecutive working days for current immediate family (excluding weekends and holidays). The employer may request proof of the death and relationship before approving payments for funeral leave.

(2) Military reserve duty leave

All employees of the university of Toledo who are members of the Ohio national guard, the Ohio defense corps, the naval militia, or members of other reserve components of the armed forces of the United States, shall be entitled to a leave of absence from their respective duties without loss of pay for such time as they are in the military service on field training or active duty for periods not to exceed thirty-one days in any one calendar year. The maximum payment is limited to one hundred seventy-six hours of pay per calendar year. The employee is required to submit to human resources an order or statement from the appropriate military commander as evidence of such duty. There are no requirements that the service be in one continuous period of time.

Employees called to active duty for a period exceeding thirty-one days by an executive order or act of congress are entitled to a monthly compensation amount by which an individual's monthly civilian university of Toledo wages or salary exceeds his or her military pay and allowances.

A full time state employee who was a member of the Ohio national guard serving one weekend per month and two weeks out of every year is entitled to one year prior service credit for each year of service with the Ohio national guard for the purpose of computing the amount of his vacation leave pursuant to section 124.131 of the Revised Code.

(3) Sick leave

Sick leave, defined as the use of paid accrued sick leave, shall be granted, upon approval of the responsible administrative officer, or the leave of absence "LOA" advisor, for a personal illness, injury, serious health condition, medical, dental, psychological, optical examination or treatment of an employee or a member of his/ her immediate family, and for pregnancy, childbirth and related conditions.

(a) Sick leave day: Medical, dental, psychological and optical examination require seven days advance notice when the need is foreseeable and when such notice is practicable or as soon as practicable when the need for the sick leave day is not foreseeable.

(b) Sick leave non-FMLA: Eligibility shall be determined by consecutive days absent, including normal days off. To be eligible for a non-FMLA leave, part-time employees must be absent for five consecutive days (including normal days off) and full time employees must be absent for more than three consecutive days (including normal days off). A thirty-day advance notice of the need to take sick leave non-FMLA is required when the need is foreseeable and when such notice is practicable, or as soon as practicable when the need for leave is not foreseeable.

The responsible official may require an employee to furnish a signed physician statement, which does not include diagnosis, to justify the use of sick leave. The university of Toledo reserves the right to require the employee to provide medical verification of ability to return to work. Falsification of physician's certificate or medical certification will be grounds for disciplinary action including dismissal.

If the stated reason for the leave no longer exists, then the employee is required to notify his or her immediate supervisor or designee as soon as possible, not to exceed two calendar days, to receive return to work instructions. If the employee feels that he/she would qualify for the leave at that time for another reason, additional leave may be requested.

Sick leave shall not be paid to either natural or adoptive parents who request leave for purposes of childcare that does not require the need for care due to a medically certified illness or injury to such employee or their child.

An employee who resigns or gives notice of resignation while on a paid leave of absence shall be separated from the university of Toledo effective the date of such notice. An employee who resigns while on an unpaid leave shall be separated retroactively to the unpaid date.

Classified employees who are members of the professional staff association "PSA" may qualify for the respective sick leave bank created for use by members of those organizations.

Unclassified employees utilizing the long term disability "LTD" program are required to use their accrued sick leave for the first six months of a disability recognized under the university's LTD policy. The LTD program will be effective after one hundred eighty days or the termination of the employee's accrued sick leave, whichever occurs later in time. Once the employee is eligible to receive long term disability, he/she will no longer be eligible to receive leave from the sick leave bank.

(c) Notice and certification requirements

Notice can be given by the employee via email, fax, phone, by a family member or as per department policy. Notice for the need for sick leave must be sufficient to make the university of Toledo aware of the need for sick leave, the anticipated duration of leave, and the anticipated timing of the leave.

(d) Accumulation of benefits

Accrual of sick leave will be unlimited. Time spent on vacation, paid military leave, paid professional leave, jury duty, funeral leave or paid sick leave will count toward accumulation of benefits. There will be no accumulation of benefits while on unpaid leave of absence or layoff.

An employee who is reappointed or reinstated will be credited with the unused balance of accumulated sick leave provided the time between separation and reappointment does not exceed ten years, and/or the employee did not receive cash conversion for the unused sick leave.

The university shall recognize any previously authorized and accrued sick leave earned by an employee while employed by another public agency of the state of Ohio, in accordance with division (C) of section 124.38 of the Revised Code. The employee must provide verification from the public agency by which s/he was previously employed of the amount of accrued sick leave earned and transferable before it will be recognized by the university of Toledo.

(e) Cash benefit conversion of sick leave upon retirement

Employees with ten or more years of service with the state (service as defined by a state of Ohio retirement system excluding non-Ohio purchased time) shall be compensated in an amount not to exceed one-fourth of accrued but unused sick leave credit, based upon the individual's annual rate of compensation at the time of retirement up to a maximum payment of two hundred-forty hours.

(f) Cash benefit of sick leave at time of death

In the case of death of an employee, unused sick leave shall be paid to his or her estate in accordance with retirement benefits for accumulated sick leave (see paragraph (C)(3) of this policy).

(4) Leave of absence without pay

Faculty and non-faculty employees are eligible to request unpaid leaves of absence for personal reasons, other than any that are covered in this policy or in the FMLA leave policy, which require the approval of the employee's manager, chairman or appropriate vice president.

The authorization of a leave of absence without pay is a matter of university regulation coupled with administrative discretion. A written request for an unpaid leave of absence including the reason(s) for the leave and the requested date(s) for the leave must be submitted to the appointing authority as soon as practicable before the requested leave. A leave of absence without pay is not approved until the employee receives written approval from the appointing authority.

(a) Length of leave: Upon written request, a leave of absence without pay may be granted for any personal reason. Renewal or extension beyond the maximum allowed shall not be granted except as provided in this policy. Leaves of absence without pay for personal reasons may be granted for a maximum duration of six months. Leave of absence without pay may be granted for a maximum period of two years for purposes of education or training which would be of benefit to service; or for voluntary service in any governmentally sponsored program of public betterment. Renewal or extension beyond the two year period shall not be allowed.

(b) Abuse of leave: An employee who fails to return to duty within three working days of the completion or a valid cancellation of a leave of absence without pay without explanation to the appointing authority, may be removed from the service in accordance with section 124.34 of the Revised Code. An employee who fails to return to service from a leave of absence without pay and is subsequently removed or voluntarily resigns from the service is deemed to have a termination date corresponding to the starting date of the leave of absence without pay.

(c) Return to service: Upon completion of a leave of absence without pay, the employee shall be returned to the same or similar position within the employee's former classification. If the employee's former classification no longer exists the employee shall, with approval of the appointing authority, be assigned to a position in a classification similar to that formerly occupied. The employee may be returned to active pay status prior to the originally scheduled expiration of the leave if such earlier return is agreed to by both the employee and the appointing authority.

(d) Service credit: Authorized leaves of absence without pay will count as service credit for annual step increases, layoff purposes, and for computing the accrual rate of vacation leave, provided the employee is properly returned to service and is not serving an initial probationary period. Employees that do not return to service from a leave of absence without pay shall not receive service credit for the time spent on such leave.

(e) Probationary period: The period during which an employee is on a leave of absence without pay shall not be counted towards an employee's original or promotional probationary period.

(f) For unclassified service employees: Leave of absence without pay may be granted to an employee in the unclassified service in the same manner as it is granted to a classified employee. However, the return of an employee in the unclassified service to active pay status shall be at the discretion of the appointing authority. At any time, the employee's supervisor may notify the appointing authority of his/her need for the employee on unpaid leave to return. At that time the appointing authority will notify the employee on an unpaid leave of the university's need to have the employee return to work. The appointing authority will notify the employee via the employee's official university email address. The employee will have five days to respond and indicate a date of return which is agreeable to the university.

(g) Abuse of leave: If it is found that a leave is not actually being used for the purpose for which it was granted, the appointing authority may cancel the leave and direct the employee to report for work by giving written notice to the employee.

(h) Notice: It is the employee's obligation throughout the leave of absence to: (i) regularly monitor and read the employee's personal official university email account; and (ii) notify their supervisor per departmental procedure within five calendar days of a change of personal contact information including email, address, or phone number.

(i) Benefits: Employee benefits coverage will continue provided the employee pays his/her portion. An employee is responsible for making arrangements with the appointing authority regarding continuation of health, vision, dental, or other insurances, and any other benefits or programs requiring employee contributions to be withheld from pay.

(j) Retirement contributions: During the unpaid leave, contributions to retirement systems or programs will not be made.

(k) Faculty must work through the faculty affairs office for forms and approval.

(5) Parental leave

Employees may be granted up to five days (charged to sick leave) as parental leave to care for the spouse or family following birth or of the placement of an adopted child with the family prior to utilizing compensatory time, personal time, vacation and unpaid leave.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-126 | Reporting absences.
 

Policy statement

Regularity of attendance is essential to successful performance of all positions across all university campuses. Employees who are ill or for some other unavoidable reason must miss work, must notify their area or department head or supervisor as far in advance as possible, but no later than departmental policy and/or procedure. This must be done before the start of the scheduled shift. In order for payroll adjustments to be made, and to keep personnel records current, absences from work must be reported promptly.

(A) Anytime an employee is absent during a regularly scheduled work period for any reason, vacation, sick, unpaid leave, or any other time off, it is the employees responsibility to ensure timely submittal of the time off in the appropriate format.

(B) If the employee is unable to report to work, he/she must notify his/her supervisor or designated department authority per departmental policy or procedure or if no policy/procedure exists, no later than the first half hour of the work shift, and each day thereafter. Employee's working within a department which operates twenty-four hours a day, seven days a week must notify his/her immediate supervisor or other designated department authority at least two hours prior to the start time he/she is scheduled to work and each day thereafter.

(C) If sick leave is used, the employee must indicate whether the absence is for personal illness or family illness.

(D) Employees who are absent from work due to major surgery, disability, serious illness, maternity leave, a dangerous communicable disease, or an absence of more than three consecutive days must provide a written statement from a licensed physician in order to return to work.

(E) If it is necessary for an employee to be relieved from work duties or be away from the work area, the employee must obtain approval from the appropriate supervisor.

(F) Employees who are habitually absent, or who are absent for three or more scheduled days without leave or notice, may be subject to corrective action up to and including dismissal; or may be considered as having resigned their position.

(G) It is the responsibility of the employee to keep supervisors fully informed. Excessive absenteeism or habitual tardiness jeopardizes jobs and creates problems for the supervisor and fellow employees. If an employee does not call in, or have someone call in on a day he or she is absent from work, the day will be charged to unpaid leave. The only exception is:

An employee under doctor's care, who is told by the doctor to discontinue working for a specific number of days, is not obligated to call in each day, provided the situation is explained on the first day of absence.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-127 | Mandatory training.
 

(A) Policy statement

It is the policy of the university of Toledo employees to adhere to all applicable federal, state, and university rules and regulations in the course of their jobs. It is the obligation and responsibility of administrators and university personnel to educate and update university personnel when applicable to ensure compliance with this chapter.

(B) Purpose of policy

To offer compliant and standardized training on federal/state regulatory programs.

(C) Procedures

The primary components of the university's compliance training for employees include, but are not be limited to the following:

(1) New hire orientation: employees will receive an overview of the most significant university policies and information about the university's anonymous reporting line and the state of Ohio's ethics hotline. They will also learn where and how to find additional guidance on these subjects.

(2) First thirty days of employment: The university will use the first thirty days of employment to supplement the following compliance information the employee received at new hire orientation:

(a) Ohio ethics (including conflict of interest - all employees).

(b) Title IX -Violence Against Women Act "VAWA" (including supervisor anti-harassment - all employees).

(c) Health Insurance Portability and Accountability Act of 1996 "HIPAA" basics (all departments listed as part of the hybrid and affiliated covered entity, and all employees who reside on the health science campus, according to rule 3364-15-01 of the Administrative Code (the HIPAA organizational structure and administrative responsibilities policy).

(3) Recurring training; employees will receive compliance training on a regular and ongoing basis. Most recurring compliance training occurs on a one-to-two-year cycle from date of hire.

(a) One-year cycle

(i) Ohio ethics including conflict of interest (all employees).

(ii) HIPAA (all departments listed as part of the hybrid and affiliated covered entity, and all employees who reside on the health science campus, according to rule 3364-15-01 of the Administrative Code (the HIPAA organizational structure and administrative responsibilities policy).

(b) Two-year cycle

Title IX - VAWA (all employees; there may be areas required to have the training annually).

(D) Roles and responsibilities

(1) Internal audit and compliance: provide training content.

(2) Human resources: deliver training content, monitor participation, take necessary follow-up actions.

(3) Department heads: ensure all employees attend and/or take the specific training.

(E) Compliance education for non-traditional staff

(1) Non-traditional staff for purpose of this policy, are defined as contract, agency, and temporary employees working at the university of Toledo for a limited period of time.

(2) It is the responsibility of department managers, directors, and contract supervisors to ensure that all non-traditional staff employees who will not be attending the new employee orientation held twice monthly are educated on basic compliance protocols.

(F) Senior leadership reserves the right to add additional training as needed.

(G) Failure to follow university policies may result in discipline up to and including termination.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-128 | Nicotine-free pre-employment process.
 

(A) Policy statement

The university of Toledo medical center ("UTMC") recognizes the U.S. surgeon general findings that tobacco use in any form, active and passive, is a significant health hazard. UTMC further supports the findings of the American hospital association that recommends that hospitals "serve as a role model of health for the community." UTMC recognizes that smoking and the use of tobacco and other products containing nicotine is detrimental to the health and safety of everyone.

(B) Purpose of policy

To support the community effort toward better health and safety, UTMC requires all candidates for employment at UTMC to be nicotine-free. All external candidates seeking employment at UTMC must submit to a cotinine test during their pre-placement screening. This is a pre-employment test only. The cotinine test will detect the presence of nicotine in all forms of tobacco.

(C) Scope

All individuals, including rehires, seeking any position at UTMC, including faculty, staff, contingent, temporary, resident, and select graduate* and undergraduate student* positions, will be required to submit to a cotinine test upon an offer of employment at UTMC. All applicants will be informed, either during the application process or through oral communication, that any employment offer is conditional upon successful completion of a cotinine test. This policy does not apply to positions within the university of Toledo college of medicine and life sciences ("COMLS"), even if those people may perform work at UTMC.

*Graduate assistant and student worker positions that will be working in any patient care areas or enter patient care areas in the course of performing the duties of their job.

(D) Roles and responsibilities

(1) Prior to or concurrently with conditionally offering an individual employment for a position at UTMC, human resource representatives will provide the applicant the telephone information to occupational health for purposes of scheduling an appointment for medical screening which will include a cotinine test. Any applicant who chooses not to allow the cotinine test will be informed he/she is no longer a candidate for employment.

(2) Occupational health will notify human resources of all cotinine test results. A human resource representative will subsequently contact applicants who test positive to withdraw the offer of employment. Human resources will also notify hiring department managers of applicants who test positive and are not eligible for employment. A separate notification process will be followed for faculty and resident hires.

(3) Applicants who test positive for cotinine will be eligible to reapply after ninety days from the test date. These individuals will also be given information regarding free smoking cessation offerings.

(4) No applicants will be permitted to actually begin work until the results of the cotinine test are determined and proper notification is provided.

Last updated July 15, 2021 at 9:01 AM

Supplemental Information

Authorized By: 3364
Amplifies: 3364
Rule 3364-25-129 | Educational development incentive.
 

(A) Policy statement

The university of Toledo encourages its staff to pursue degrees in disciplines related to their work assignments at the university.

(B) Purpose of policy

To increase the degree completion rate among employees and to encourage professional development, the university of Toledo will provide an employee an educational development incentive for degree completion, subject to the following provisions.

(C) Scope

The educational development incentive rewards employees who take the initiative to increase their job worth by gaining job-related knowledge, behaviors, and skills to significantly enhance their value to their department and the university. The educational development incentive is not an entitlement and may not be awarded retroactively.

All full-time and regular part-time classified and unclassified non-bargaining unit professional staff who have been employed by the university for a continuous period of at least one calendar year are eligible for the educational development incentive, provided all of the following requirements are met:

(1) The individual earns an associate's, bachelor's, or master's degree on or after July 1, 2018.

(2) The degree is from a college or university with accreditation by an accrediting agency recognized by the U.S. department of education.

(3) The degree is in a discipline related to the individual's work assignments at the university of Toledo.

Students employed in positions that require student status as a condition of employment may not participate in this program. Employees classified as faculty are not eligible for the educational incentive.

(D) Roles and responsibilities

(1) A qualified individual who obtains a degree must submit a final, official transcript to his/her business manager (main campus) or department leader (health science campus) showing the degree was conferred on or after the original effective date of this policy from an accredited college or university. The official transcript must be submitted within sixty calendar days from the date the degree was conferred for the employee to be eligible for the incentive.

(2) The business manager or department leader will determine whether the degree is in a discipline related to the individual's work assignments at the university of Toledo.

(a) Upon confirmation that all requirements have been met, the business manager or department leader will generate an electronic personnel action and send the original transcript to the human resources ("HR") department to place in the employee's personnel file.

(b) Once the electronic personnel action is routed and returned to the HR department, the university will issue the employee a one thousand dollar incentive. For unclassified employees, the incentive will be a base pay increase, unless the employee qualifies for a higher rate in pay due to the change in credentials, in which case the incentive does not apply. The change is effective the pay period following the date on which HR confirms that all requirements are met. Classified employees will be issued a one thousand dollar incentive stipend split over regular pay dates annually, effective the pay period following the date on which HR confirms that all requirements are met.

(3) The incentive is limited to one educational development incentive per qualified employee.

(4) To qualify, the degree cannot be either a special requirement or minimum qualification established for the position offered to or held by the employee.

(5) The university reserves the right to modify, suspend, or discontinue this policy at any time if necessary due to financial constraints.

Last updated June 25, 2021 at 6:18 PM

Supplemental Information

Authorized By: 3364
Amplifies: 3364