Chapter 3364-25 Benefit Policies; Employment

3364-25-02 Hourly employment in multiple capacities.

(A) Policy statement

The university of Toledo including its medical center 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 of Toledo, 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 of toledo 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 - employees employed by both the former medical university of Ohio and former university of Toledo at the same time prior to July 1, 2006 and who have continued to work for the university since that date in multiple jobs, are exempt from this policy. 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 on campus special events 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.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-04 Personnel records.

(A) Policy statement

The human resources and talent development ("HRTD") office is responsible for maintaining the official employment records for each staff employee. Employee 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 records include, 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

The human resources and talent development ("HRTD") office is responsible for obtaining initial records or required licensure or certification for new employees. After hire, the employee's department management is responsible for obtaining records of licensure/certification renewals. Copies may be sent to "HRTD" for placement in the employee's employment file or 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 the human resources office 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.

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

If there is a change in family status affecting insurance, the employee must report the change to the benefits office of human resources and talent development 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 employee file in the human resources and talent development office during normal business hours.

An employee's representative or the public may review the employment file 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.

Internal access to employment files 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.

Records maintained in an employment file are generally considered public records under Ohio law. However, some documents contained in an employment file 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 file

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.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-05 Holidays/holiday pay.

(A) Policy statement

The university of Toledo grants time off, if possible, with pay to eligible employees for all holidays recognized in accordance with state law. Eligible employees include full-time and regular part-time staff. Temporary and student employees are ineligible for holiday pay.

(B) Procedure

The following holidays will be observed by the university of Toledo in accordance with state law:

Date

Holiday

January first

New Year's day

Third Monday in January"*"

Martin Luther King day"*"

Third Monday in February"*"

President's day"*"

Last Monday in May

Memorial day

July fourth

Independence day

First Monday in September

Labor day

Second Monday in October"*"

Columbus day"*"

November eleventh

Veteran's day

Fourth Thursday in November

Thanksgiving day

December twenty-fifth

Christmas day

"*"The university of Toledo board of trustees may "float" two days, as paid recognized holidays in place of the days marked by asterisks.

(1) The president is the university administrative officer responsible for the implementation of this policy.

(2) The university shall provide identification of specific holidays to be observed in compliance with state law.

(3) As part of the ten state holidays designated by state law and the board of trustees, the university shall observe state holidays on the Friday after Thanksgiving and on either the day before or after the state holiday on the twenty-fifth day of December. The designation of these two holidays by the president of the university shall be made each year prior to September first.

(4) Intermittent, emergency, and seasonal part time non student employees are entitled to holiday pay for that portion of the day they normally would have been scheduled to work on a day designated by the university as a holiday. To be eligible for holiday pay, the employee must have worked (or been in active pay status) the last scheduled day preceding the holiday. Holiday pay for intermittent employees will be based on the nature of the current assignment. Holiday pay will only be granted when the assignment exceeds thirty calendar days. When an intermittent employee is called in for a specific assignment of less than thirty days, holiday pay will not be granted.

(5) An employee, whose salary or wage is paid in whole or in part by the state, shall be paid for the holidays as provided herein and shall not be required to work on those holidays, unless, in the opinion of the employee's responsible administrative authority, failure to work on those holidays would impair the public service. An employee who is scheduled to work on a holiday and who does not report to work the day before, the day of, or the day after the holiday due to an illness of the employee or of a member of the employee's immediate family shall not receive holiday pay as provided by this division, unless the employee can provide documentation of extenuating circumstances that prohibited the employee from so reporting to work. An employee also shall not be paid for a holiday unless the employee was in active pay status on the scheduled work day immediately preceding the holiday.

(6) If any of the holidays as provided herein falls on Saturday, the Friday immediately preceding shall be observed as the holiday. If any of the holidays as provided herein falls on Sunday, the Monday immediately succeeding shall be observed as the holiday. Employees whose work schedules are based on the requirements of a "seven days a week" work operation shall observe holidays on the actual days specified as provided herein.

(7) If an employee's work schedule is other than Monday through Friday, the employee shall be entitled to eight hours of holiday pay for holidays observed on the employee's day off regardless of the day of the week on which they are observed.

(8) A full-time permanent employee is entitled to a minimum of eight hours of pay for each holiday regardless of the employee's work shift and work schedule. A flexible hours employee, who is normally scheduled to work in excess of eight hours on a day on which a holiday falls, either shall be required to work an alternate schedule for that week or shall receive additional holiday pay for the hours the employee is normally scheduled to work. Such an alternate schedule may require a flexible hours employee to work five shifts consisting of eight hours each during the week including the holiday, and, in that case, the employee shall receive eight hours of holiday pay for the day the holiday is observed.

(9) Part time regular employees shall receive holiday pay on a pro-rated basis, based upon the daily average of actual hours worked, excluding overtime hours worked, in the previous calendar quarter. The figure shall be calculated for the preceding calendar quarter on the first day of January, April, July, and October of each year.

(10) 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.

(11) Since many religious observances occur on days not designated as legal holidays, deans, directors and supervisors are expected to observe liberal policies concerning the granting of leaves of absences without pay or vacation time expressly for the purpose of engaging in religious observances or attendance at special worship services.

(12) Unclassified employees and others who hold faculty rank and do not teach full time must observe the regular university ten day holiday schedule. Other paid days off in the academic calendar (where classes are not held) are for the teaching faculty, and are not holidays for non-teaching professionals.

(13) The president shall retain the sole prerogative to grant exceptions to the observed holidays.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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.

Human resources and talent development 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 human resources and talent development to the hiring department.

(B) Purpose of policy

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

(C) Procedures

(1) General information

Human resources and talent development 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 procedures including rule 3364-50-01 of the Administrative Code; and present information regarding employee benefits and provide relevant enrollment documents. Additionally, for health science campus new employees, human resources and talent development will explain fire, disaster codes, incident reporting and general infection control and some relevant safety standards.

Human resources and talent development will contact the (department/employee) to schedule the orientation.

The orientation program may last up to one full day.

New orientations are held bi-weekly.

(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.

Effective: 7/5/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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.

Effective: 11/7/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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 and talent development office will maintain a job description that includes required 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 the human resources and talent development office to verify that the new employee holds the appropriate licensure, certification or registration. Thereafter, upon 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 license and certification during employment; failure may subject employee to removal from position.

(3) The human resources and talent development office will periodically perform a random check among departments to verify that the process is being carried out and that the department has records proving that all licenses, registration and certifications are current.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-11 Student employment.

(A) Policy statement

The basis for student employment is to assist in meeting the needs of the university, provide university students with financial support in pursuit of their academic goals, and provide opportunities for academic or administrative job experience. The job duties and responsibilities of student employees vary greatly, and may or may not be related to their field of study. A student employee is defined as an individual who is:

(1) Enrolled in classes during semesters in which they are employed. This policy covers fall and spring semesters. During summer semester, university students who attended classes the prior spring and are enrolled for the following fall semester may work as student employees. Students attending other institutions who are under an approved consortium agreement may also be employed as university student employees.

(2) University of Toledo students taking classes at the university during the summer will be given preference for student employment summer positions.

(3) Associated with the university primarily in the pursuit of an academic degree at the university of Toledo.

(4) Working in a position other than graduate assistant or graduate teaching assistant.

The university maintains a distinction between student appointments and ongoing regular appointments. These distinctions may include but are not limited to nature of work, hours worked, rate of pay, and benefit eligibility.

(B) Purpose of policy

The purpose of this policy is to reduce the cost to the university of Toledo for Ohio public employees retirement system ("OPERS") contributions for student employees. Historically, there has been a significant increase in "OPERS" contributions for student employees during the summer semester.

This policy will assist students to receive the highest possible pay for work performed.

(C) Procedure

Student employment will approve only those student employee personnel action forms when enrollment can be verified for the fall and/or spring semesters in which the student will be working or, in summer, for the prior spring semester and following fall semester. Hiring departments will be required to indicate on the personnel action form that hiring preference was given to students enrolled in university summer classes. Students who are enrolled at other universities under an approved consortium agreement are also eligible to be university student employees. No student is eligible to be a university of Toledo student employee unless his/her personnel action form has been approved by student employment prior to commencing work.

Career services, in which the student employment function resides, will oversee the employment guidelines handbook and procedures including seeking appropriate legal guidance. The supervisor and student employee handbooks will be posted on the career services website under "Student Employment." All revisions to procedures will be made available through campus-wide emails and posted in the handbooks.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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 Section 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.

(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 pre-employment 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. 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.

(C) Procedures

(1) Human resource representatives will, prior to or concurrently with conditionally offering an individual employment, schedule an appointment in university health services "UHS" for urine sample collection. "UHS" will provide all participants a statement of the university of Toledo medical center policy for unwitnessed urine collection and ask each individual to sign consent for testing form. Any applicant who chooses not to allow the drug screen will be informed he/she is no longer a candidate for employment.

(2) "UHS"'s medical review officer will review the results of all drug tests. "UHS" will notify human resources of all drug test results. Individuals with negative results will continue the normal hiring procedures. The medical review officer will privately interview 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. It is, therefore, necessary for applicants who would be moving to the area to have a drug test in advance of his/her move. In these situations, "UHS" will schedule an appointment for urine sample collection for drug testing in that area and all results will be reviewed through "UHS

"*"Graduate assistant and student workers 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.

Effective: 7/11/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-20 Employee assistance program.

(A) Policy statement

The university of Toledo's 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.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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

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."

(C) Generally

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). All "FMLA" leave time runs concurrently with any other applicable leave. An employee must exhaust sick, vacation, and other paid leave before being placed on unpaid leave.

(D) Qualifying reasons for and total permitted "FMLA" leave

(1) An employee is entitled to a total of twelve workweeks of leave during any twelve month period for one or more of the following reasons:

(a) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter;

(b) Because of the placement of a son or daughter with the employee for adoption or foster care;

(c) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition;

(d) Because of a serious health condition that makes the employee unable to perform the functions of the position of the employee;

(e) Because of a qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the armed forces in support of a contingency operation.

(2) An employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember is entitled to a total of twenty-six workweeks of leave during a twelve month period to care for the covered servicemember.

(3) During a twelve month period described in paragraph, an employee is entitled to a combined total of twenty-six workweeks of leave. The twelve month period is measured forward from the date an employee's first "FMLA" leave to care for the covered servicemember begins.

(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.

(E) Notice of a request for "FMLA" leave

(1) Foreseeable "FMLA" leave:

(a) An employee must provide the university with at least a thirty day advance notice of the need to take "FMLA" leave if the need is foreseeable based on an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee or of a family member, or the planned medical treatment for a serious injury or illness of a covered servicemember. When the need for "FMLA" leave and the approximate date leave would have been taken is clearly foreseeable at least thirty days in advance and an employee fails to give timely notice with no reasonable excuse, the university may deny "FMLA" coverage until thirty days after the date the employee provides notice.

(b) If thirty days notice is not practicable, notice must be given as soon as practicable. When the need for "FMLA" leave is foreseeable fewer than thirty days in advance and an employee fails to give notice as soon as practicable, the university may deny "FMLA" coverage for leave for a period equivalent to the period during which the employee knew the leave was foreseeable, but failed to provide notice.

(c) For foreseeable leave due to a qualifying exigency notice must be provided as soon as practicable, regardless of how far in advance such leave is foreseeable.

(d) Notice for the need for "FMLA" leave must be sufficient to make the university aware of the need for "FMLA" qualifying leave, the anticipated duration of leave, and the anticipated start and end dates of the leave.

(e) The employee must notify the university as soon as practicable if dates of scheduled leave change or are extended, or were initially unknown.

(2) Unforeseeable "FMLA" leave:

(a) For unforeseeable "FMLA" leave, an employee must provide notice to the university as soon as practicable. The employee must provide sufficient information for the university to reasonably determine whether the leave request may be "FMLA" qualifying.

(b) When an employee seeks leave due to a qualifying reason for which the university has previously provided "FMLA" leave, the employee must specifically reference either the qualifying reason for leave or the need for "FMLA" leave. Calling in "sick" without providing more information is not sufficient for leave to be considered "FMLA" leave. The university will attempt to obtain any additional required information through informal means. An employee must respond to the university's questions designed to determine whether an absence is potentially "FMLA" qualifying. Failure to respond to reasonable inquiries regarding the leave request may result in denial of "FMLA" protection if the university is unable to determine whether the leave is "FMLA" qualifying.

(c) When the need for "FMLA" leave is unforeseeable and an employee fails to give notice as soon as practicable, the university may deny "FMLA" coverage for leave for the period during which the employee knew of the need for leave, but failed to provide notice.

(d) Notice may be given by the employee's spokesperson if the employee is unable to do so personally.

(F) Intermittent or reduced leave schedule

(1) When medically necessary due to the serious health condition of the employee or family member or the serious injury or illness of a covered servicemember, an employee may take "FMLA" leave intermittently or on a reduced leave schedule. Intermittent leave is "FMLA" leave taken in separate blocks of time due to a single qualifying reason. A reduced leave schedule is leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday.

(2) If intermittent leave or a reduced leave schedule is medically necessary for planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt the university's operations.

(3) "FMLA" leave taken after the birth of a healthy child or placement of a healthy child for adoption or foster care, is at the discretion of the university. The university will permit intermittent or reduced leave schedule "FMLA" leave if it is due to the mother's serious health condition in connection with the birth of the child or if the newborn child has a serious health condition.

(4) If an employee requests intermittent leave, or leave on a reduced leave schedule due to the serious health condition of the employee or the employee's family member or the serious injury or illness of a covered servicemember and the leave is foreseeable based on planned medical treatment, the university may temporarily transfer or assign, on a temporary basis with equivalent pay and benefits, an employee needing intermittent leave or a reduced leave schedule for leave taken to an alternative position that better accommodates recurring periods of leave during the period that the intermittent or reduced leave schedule is needed.

(5) "FMLA" leave taken due to a qualifying exigency may be taken on an intermittent or reduced leave schedule basis.

(G) Maintenance of health benefits during "FMLA" leave

(1) 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 receives pay 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 and talent development 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.

(2) 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 and talent development 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.

(3) 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.

(4) 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.

(H) Right to return after "FMLA" leave

(1) Generally, upon return from "FMLA" leave, an employee is entitled to be returned to the same position the employee held when the "FMLA" leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment as those terms are defined by federal law. The employee has no greater right to reinstatement or other benefits of employment than if the employee had been continuously employed during the "FMLA" leave period.

(2) 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.

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 department director or chairman, 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.

An employee is not entitled to reinstatement in his or her former or an equivalent position if a reduction in work-force/layoff occurs to their position while the individual is on "FMLA" leave if an employee would have lost his or her job if no leave had been taken.

If, due to documented medical reasons, a returning employee is incapable of performing within his or her classification with or without reasonable accommodation, the human resources and talent development department will inform the employee of the right to apply for open positions that the employee may be capable of performing. This policy is no way intended to limit the employee's rights under the Americans with Disabilities Act.

If an employee does not intend to return to work, he or she must notify human resources and talent development 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.

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

(I) Medical certification, authentication, and clarification, and second or third opinions

(1) The university requires that an employee's leave to care for the employee's covered family member with a serious health condition, or due to the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee's position be supported by a certification issued by a health care provider.

(2) An employee must provide certification of the need for leave at the time the employee gives notice of the need for leave or within five business days thereafter if the need for leave is foreseeable. If the need for leave is unforeseeable, the employee must provide certification of the need for leave within five business days after the leave commences.

(3) Employees must provide requested certifications or recertifications within fifteen calendar days after the university's request unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. Failure to provide a complete and sufficient certification within the appropriate timeframe may result in the denial of "FMLA" leave.

(4) Completeness and sufficiency; authentication and clarification of medical certifications

(a) The employee must provide a complete and sufficient certification to the university. Failure to provide complete and sufficient certification, or failure to provide certification, means the university may deny the taking of "FMLA" leave.

(i) Certification is incomplete if one or more of the applicable entries have not been completed.

(ii) A certification is insufficient if the information provided is vague, ambiguous, or non-responsive.

(b) If the university determines that a certification is incomplete or insufficient, the university will provide written notice to the employee what additional information is necessary to make the certification complete and sufficient. The university will generally provide an employee seven calendar days in which to cure the identified incompleteness or insufficiency. If the incompleteness or insufficiency is not cured in the resubmitted certification, the university may deny the taking of "FMLA" leave.

(c) After giving the employee an opportunity to cure any such deficiencies, The university may contact the health care provider completing a certification for purposes of clarification and/or authentication. A health care provider, a human resources professional, a leave administrator, or a management official other than the employee's direct supervisor may contact the health care provider. If contact is to be made with a health care provider.

(i) "Authentication" means providing the health care provider with a copy of the certification and requesting verification that the information contained on the certification form was completed and/or authorized by the health care provider who signed the document.

(ii) "Clarification" means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of a response. It may be necessary for the university to obtain a "HIPAA" release from an employee to permit the university to seek clarification of a medical certification. If an employee chooses not to provide the university with an authorization allowing the university to clarify the certification with the health care provider, and does not otherwise clarify the certification, the university may deny the taking of "FMLA" leave if the certification is unclear.

(d) No additional medical information beyond that required by the certification form may be requested from the health care provider.

(5) If the employee's need for leave due to the employee's own serious health condition or the serious health condition of the employee's family member lasts beyond a single leave year, the university requires the employee to provide a new medical certification in each subsequent leave year.

(6) Content of certification. For leave taken because of an employee's own serious health condition, or the serious health condition of a family member, the university requires the medical certification from a health care provider to include all information requested in the current version of the United States.department of labor's "Form WH-380-E, Certification of Health Care Provider for Employee's Serious Health Condition" or "Form WH-380-F, Certification of Health Care Provider for Family Member's Serious Health Condition."

(7) The university may require a second medical opinion at the university's expense should the university have reason to doubt the validity of a medical certification.

(8) The university may require a third medical opinion at the university's expense should the opinions of the employee's health care provider and the university's designated health care provider differ.

(9) Recertification of medical certifications

(a) The university may request recertification no more often than every thirty days in connection with an absence by the employee, except that, if the medical certification indicates that the minimum duration of the condition is more than thirty days, the university must wait until that minimum duration expires before requesting recertification, unless the employee requests an extension of leave or circumstances described in the previous certification have changed significantly, or if the university receives information that casts doubt upon the employee's stated reason for the absence or on the continued validity of the certification. In all cases, including those where the medical certification indicates that the employee will need intermittent or reduced schedule leave for a period in excess of six months, the university may request recertification of a medical condition every six months in connection with an absence by the employee.

(b) Requested recertifications must be provided within the timeframe requested by the university, which will allow at least fifteen calendar days, unless it is not practicable to do so despite diligent, good faith efforts.

(c) Any recertification requested by the university will be at the employee's expense and no second or third opinion on recertification may be required.

(d) As part of the recertification for leave taken due to a serious health condition, the university may provide the health care provider with a record of the employee's absence pattern and ask the health care provider if the serious health condition and need for leave is consistent with such a pattern.

(J) Qualifying exigency certification

(1) The first time the leave is requested, the university requires an employee who requests leave because of a qualifying exigency arising out of the active duty or call to active duty status of a covered military member to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the covered military member's active duty service.

(2) The university requires that leave for any qualifying exigency be supported by a certification from the employee that sets forth all of the information requested in the current version of the U.S. department of labor's "Form WH-384, Certification of Qualifying Exigency for Military Family Leave."

(3) The university may contact a unit of the United States department of defense to verify that a covered military member is on active duty or call to active duty status.

(4) If the qualifying exigency involves meeting with a third party, the university may contact the third party for purposes of verifying a meeting or appointment schedule and the nature of the meeting.

(K) Covered servicemember leave

(1) The university requires leave taken to care for a covered servicemember with a serious injury or illness to be supported by certification completed by an authorized health care provider of the covered servicemember. For purposes of this certification, the following are authorized health care providers:

(a) A United States department of defense health care provider;

(b) A United States department of veterans affairs health care provider;

(c) A United States department of defense "TRICARE" network authorized private health care provider;

(d) A United States department of defense non-network "TRICARE" authorized private health care provider.

(2) The university requires that the health care provider and the employee and/or covered servicemember provide all information requested in the current version of the United States department of labor's "Form WH-385, Certification for Serious Injury or Illness of Covered Servicemember-for Military Family Leave."

(L) Key employees

The university may deny job restoration to key employees if the university determines that the restoration of the employee will cause substantial and grievous economic injury, as that term is defined by federal law, to the operations of the university.

(M) Fraud

An employee who fraudulently obtains "FMLA" leave is not entitled to job restoration or maintenance of health benefits.

(N) Protection, non-discrimination, and non-retaliation

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.

(O) Notice

The university posts in conspicuous places, including on the internet, a notice explaining the "FMLA's" provisions and providing information concerning the procedures for filing complaints of "FMLA" violations with the wage and four division of the department of labor. The notice is also included in the university's policy manual or is provided to each new employee upon hiring.

When an employee requests "FMLA" leave, or when the university acquires knowledge that an employee's leave may be for an "FMLA" qualifying reason, the university will notify the employee of the employee's eligibility to take "FMLA" leave within five business days, absent extenuating circumstances. The notice will state whether the employee is eligible to take "FMLA" leave, and if the notice is that the employee is not eligible, will state at least one reason why the employee is ineligible.

The university provides written notice detailing specific expectations and obligations of the employee and explaining consequences of a failure to meet these obligations each time the eligibility notice is provided.

The university will provide notice to employees when designating leave as "FMLA" leave. When the university has enough information to determine whether the leave is taken for an "FMLA" qualifying reason, the university will notify the employee in writing whether leave will be designated as "FMLA" leave within five business days, absent extenuating circumstances. If a fitness-for-duty certification will be required to be restored to employment, the university will provide notice of such requirement with the designation notice.

(P) Definitions

Terms used in this policy are used and defined in the same manner as in the "FMLA" and its regulations. These terms and definitions include, but are not limited to:

(1) Active duty: duty under a call or order to active duty under a provision of law referred to in 10 U.S.C. 101(a)(13)(B).

(2) Chronic serious health condition: a condition that requires periodic visits (at least twice per year) for treatment by a health care provider, or by a nurse under direct supervision of a health care provider; continues over an extended period of time; and may cause episodic rather than a continuing period of Incapacity.

(3) Continuing treatment: a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

(1) Incapacity and treatment: a period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:

(i) Treatment two or more times, within thirty days of the first day of incapacity by a health care provider, by a nurse under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider, unless circumstances beyond the employee's control prevent the follow-up visit from occurring as planned by the health care provider;

(ii) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

(2) Any period of incapacity due to pregnancy, or for prenatal care, even though the employee or the covered family member does not receive treatment for a health care provider during the absence, an even if the absence does not last more than three, consecutive, full calendar days.

(3) Any period of incapacity or treatment for incapacity due to a chronic serious health condition , even though the employee or the covered family member does not receive treatment fro a health care provider during the absence, an even if the absence does not last more than three, consecutive, full calendar days.

(4) A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective, and where the eligible employee or family member is under the continuing supervision of a health care provider.

(5) Any period of absence to receive multiple treatments by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, for

(i) Restorative surgery after an accident or other injury; or

(ii) A condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment.

(4) Covered servicemember: a member of the armed forces, including a member of the national guard or reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.

(5) Employee: generally, an employee who has been employed for at least twelve months and for at least one thousand two hundred fifty hours of service during the twelve month period immediately preceding commencement of the leave by the university. For purposes of calculating whether one thousand two hundred fifty hours were worked, actual worked hours are counted and do not include paid but unworked hours or hours spent in an on-call status. Any hour worked at premium pay will be counted as a single hour worked.

(6) Family member: spouse, son or daughter, or parent.

(7) Incapacity: the inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment for the serious health condition, or recovery from the treatment.

(8) Inpatient care: an overnight stay in a hospital, hospice, or residential care facility, including any period of incapacity or any subsequent treatment in connection with the inpatient care.

(9) Key employee: a salaried, "FMLA" eligible employee who is among the highest paid ten percent of all the employees employed by the university within seventy-five miles of the employee's worksite.

(10) Next of kin: the nearest blood relative of a covered servicemember, other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver "FMLA" leave: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, first cousins.

(11) Outpatient status: with respect to a covered servicemember, means the status of a member of the armed forces assigned to a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the armed forces receiving medical care as outpatients.

(12) Parent: a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parent is to the employee (or covered servicemember) when the employee (or covered servicemember) was a son or daughter. "Parent" does not include parents-in-law.

(13) Qualifying exigency: as described in 29 C.F.R. 825.126:

(a) Short-notice deployment;

(b) Military events and related activities;

(c) Childcare and school activities;

(d) Financial and legal arrangements;

(e) Counseling;

(f) Rest and recuperation;

(g) Post-deployment activities;

(h) Additional activities.

(14) Serious health condition: an illness, injury, impairment, or physical or mental condition that involves:

(a) Inpatient care in a hospital, hospice, or residential medical care facility; or

(b) Continuing treatment by a health care provider.

(15) Serious injury or illness: with respect to a member of the armed forces, including a member of the national guard or reserves, means an injury or illness incurred by the member in a line of duty on active duty in the armed forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

(16) Son or daughter:

(a) For purposes of "FMLA" leave taken for birth or adoption, or to care for a family member with a serious health condition, son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parent is, who is either under age eighteen, or age eighteen or older and "incapable of self care because of a mental or physical disability," as those terms are defined in the "FMLA" and its regulations, at the time "FMLA" leave is to commence.

(b) Son or daughter on active duty or call to active duty status: the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on active duty or call to active duty status, and who is of any age.

(c) Son or daughter of a covered servicemember: the covered servicemember's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the servicemember stood in loco parentis and who is of any age.

(17) Spouse: a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides.

(18) Treatment: includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-31 "CWA" and classified/non union absenteeism policy.

(A) Policy statement

Each employee is a very important team member at the university of Toledo. Regularity of attendance is essential to the successful performance of each of our positions and the efficient operation of our educational facility.

(B) Purpose of policy

As part of the university of Toledo's mission to provide excellence in its services to all constituents it is imperative that all employees take responsibility for their daily attendance. The objective is to establish greater accountability for sick leave utilization. The university acknowledges that there are occasions when employees are not able to work due to personal or family illnesses. Such leaves will be reviewed to ensure utilization is consistent with the intended purpose.

It is imperative that this absentee control procedure be applied equitably to all employees who meet the eligibility definition below. The university of Toledo wants to maintain a fair and reasonable work environment, and give recognition to the important contributions of each employee to the university of Toledo.

(C) Application of policy and proper notification defined

This policy applies to all hourly full time and part time non-probationary employees who earn sick time ("CWA", and classified/non union).

Proper notification defined: Employees who are unable to report to work shall be responsible for directly notifying their immediate supervisor or designee, within one half hour prior to his/her reporting time. Existing departmental call-in procedures will continue. Employees will be informed of the names of supervisors and/or designees who are to be called concerning inability to work due to an illness. Employees shall be eligible for sick leave payment if they are prevented from calling in prior to the shift by acts of nature or other events documented by a police accident report, hospital admission, or emergency room slip. Each and every late call off will be considered a separate violation covered under corrective action.

(D) Definitions:

Sick day: means an employee is not present or not in attendance for any portion of a scheduled shift or work day for a period of two hours or beyond due to sick time use.

Unauthorized unpaid time off: means an employee is not present or not in attendance for any portion of a scheduled shift; does not have any sick time in their sick time bank and unpaid time is not approved. The employee is required to ask for permission for time off without pay prior to taking the time off. If approval is not obtained prior to the time off or the employee takes the time off knowing it is unapproved; the employee will be subject to corrective action.

Late in/early out: means an employee who leaves work due to sick time reasons for a period of time less than two hours. If approved, this is equivalent to one-half of a sick day as defined above. If approval is not given; this will be treated as "job abandonment" and therefore subject to corrective action.

Management encourages staff to make medical appointments at the beginning or end of scheduled shift or work day whenever possible.

Providing the employee supplies their immediate supervisor with verification of a medical/dental appointment of those covered by article 23.2 of the "CWA" collective bargaining agreement within twenty-four hours there will be no sick day assessment.

It is highly recommended that employees call their supervisors when they know they will be late or absent, as a courtesy. The supervisor may elect to replace the employee if they have not heard from the employee within two hours of the start of their scheduled shift/work day.

No call/no show: means an employee does not show for their work shift/day and does not call in. This behavior will be addressed via the discipline process and not assessed a sick day.

An employee that appears for work after two hours and has not called in may be sent home without pay.

Rolling twelve month period: will be considered by beginning with the most recent occurrence of a sick day or its equivalent and counting twelve consecutive months backwards.

Shift or work day is defined as a scheduled period of time of at least four hours; unless a shift or work day has been established as less than hours as of the effective date of this policy.

Exclusions:

Exclusions to this policy include:

(1) Approved late in/early out;

(2) "FMLA" leaves of absence;

(3) Sick leave used for pregnancy and/or child birth and related conditions;

(4) Sick leave used as personal leave;

(5) Unpaid medical leave; and

(6) Family leave as defined in article twenty two of "CWA" contract.

In addition, the following time off shall not be assessed as a sick day: funeral leave; vacation time charged to earned sick time leave; injury leave, regardless of whether or not a workers compensation claim is filed provided that one could reasonably deduce that it was work related and contracted at work, including a workplace exposure as categorized by a certified health care provider; and administrative leave.

(E) Corrective action

For the purposes of corrective action, the following table describes the corrective action intervals and summarizes the action required:

Corrective action intervals for sick days

Sick day levels

5

7

9

11

13

16

Actions required

verbal counseling

written warning 1

written warning 2

suspension on paper 1

suspension on paper 2

termination

Disciplinary action issued for violation of the sick leave program will be on a separate track of corrective action and cannot build on prior performance issues. However, management can take attendance into account when determining the level of discipline for performance/code of conduct/non attendance related issues and when the employee has demonstrated a pattern of attendance problems.

Termination hearing:

Any employee who is recommended for discharge based solely on attendance shall be entitled to a pre-disciplinary hearing where the employee may give his/her version of the events at issue. No other levels of corrective action for attendance are entitled to a pre-discharge hearing.

(F) Redemption program

If an employee goes a full ninety calendar days starting with the last sick day without any early out's, late in's, sick days, or unauthorized unpaid days off (e.g. the employee works all assigned shifts without incident) will be eligible to remove the last one sick day and have the last formal corrective action for attendance removed, if applicable.

The redemption period (ninety calendar days) will start over with the next sick day equivalent or early out.

Any approved non "FMLA" leave of absence or any approved full time "FMLA" will extend the ninety calendar day time frame equal to the amount of time on an approved non "FMLA"/full time "FMLA".

The request for redemption must be initiated by the employee except in the case of a termination for attendance. Employees may request the removal of one sick day by completing the sick day removal form and submitting it to their supervisor or manager. Any request to management will be reviewed ninety calendar days back from the date of the request.

In the event that an employee is determined to be at termination status for attendance only, the manager or supervisor will take the initiative to look for a redemption period.

(G) Belief of abuse:

If the employer has reason to believe that sick leave is being abused, the employer reserves the right to initiate an investigation for possible corrective action. The employer may require documentation to support the employee's call off due for sick leave.

Sick leave abuse includes but is not limited to a pattern of using sick leave before and after weekends, before and after holidays, before and after normal days off on certain days of the week, or in a manner inconsistent with the request, e.g. for personal reasons.

Abuse of sick time will be addressed as a non attendance issue and subject to the corrective action policy and/or collective bargaining agreement.

(H) Incentives:

Employees who have a minimum of two hundred forty hours accumulated sick leave in a calendar year, and who do not exceed the maximum hours annually as outlined below, may qualify for "attendance incentive " time off which is not the same as "comp" time.

Sick time hours used annually Hours

attendance incentive

0.0 hours used

20 hours

0.1 -8 hours used

16 hours

8.1 -16 hours used

12 hours

16.1 -24 hours used

8 hours

Part time employees who are at least 0.5 "FTE" or greater are also eligible for the incentive program on a pro-rated basis and must have a minimum of one hundred twenty hours accumulated sick time.

Qualifications for the incentive are based on union/non-union and "FTE" status as of December thirty-first.

Both sick time hours used and the incentive available will be processed on a pro-rated basis for all employees "FTE" 0.5 to 0.99.

Attendance incentive time must be requested by the employee and approved by the supervisor much the same as any request for time off. The request must be submitted within forty-eight hours of the time requested. Unused attendance incentive time will not be carried over from one calendar year to the next. Any hours left in the "attendance incentive bank" will be paid out by the second pay period following December thirty-first.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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.

Effective: 11/10/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-36 Vacation policy.

(A) Policy statement

The university shall provide vacation leave for university non-union staff employees and non-union faculty employees with twelve month/fifty-two week appointments for time off with pay for vacation under the following schedules.

(B) Policy guidelines:

(1) The vice president for human resources and campus safety is the university administrative officer responsible for implementation of this directive.

(2) Classified and hourly employees (non-union):

(a) Covered employees: employees covered under this section include classified hourly (non-union) employees, classified salary (non-union) employees and unclassified hourly (non-union) employees.

(b) Vacation accrual: vacation leave shall be accrued and calculated as follows:

Completed years of service

Annual accrual

Accrual rate per pay period (based on fulltime status)

Maximum accrual

Maximum payout

Less than 1 year (52 weeks)

80 hours (10 days)

3.08 hours (.0385 per regular compensated hr)

80 hours (10 days)

0

After 1 year through 7 years

80 hours (10 days)

3.08 hours (.0385 per regular compensated hr)

240 hours (30 days)

240 hours (30 days)

After 7 years through 14 years

120 hours (15 days)

4.64 hours (.058 per regular compensated hour)

360 hours (45 days)

360 hours (45 days)

After 14 years through 24 years

160 hours (20 days)

6.16 hours (.077 per regular compensated hour)

480 hours (60 days)

480 hours (60 days)

After 24 years plus

200 hours (25 days)

7.696 hours (.0962 per regular compensated hr)

600 hours (75 days)

600 hours (75 days)

(c) For purposes of determining years of service, employment with any state agency or political subdivision of the state is to be counted after receipt of verification (excluding student employment or employment with other states).

(d) Vacation leave will accrue based on regular compensated hours. Vacation leave will not accrue on overtime hours for hourly staff.

(e) Accrual rate will be pro-rated for part time employees based on actual regular compensated hours.

(f) At the time an employee changes accrual levels based on service as defined in paragraph (B) (2) (b) of this rule, the vacation balance in their holding account will be transferred into their regular vacation balance up to the new maximum accrual.

(g) Vacation leave is not available until after completion of probationary period (if applicable).

(3) Unclassified salaried, administrative, limited contract, research, and post doctoral employees (non-union):

(a) Covered employees: employees covered under this section include unclassified salaried (non-union) employees, limited contract (non-union) employees, salaried research (non-union) employees, salaried post doctoral (non-union) employees, senior administrative (non-union) employees, administrative contract (non-union) employees, and faculty administration (non-union) employees.

(b) Vacation accrual: vacation leave shall be accrued and calculated as follows:

Annual accrual

Accrual rate per pay period (based on full time status)

Maximum accrual

Maximum payout

176 hours (22 days)

6.776 hours (.0847 per regular compensated hour)

352 hours (44 days)

352 hours (44 days)

(c) Accrual rate will be pro-rated for part time employees based on compensated hours.

(4) Faculty (non-union twelve month assignments):

(a) Covered employees: employees covered under this section include faculty (non-union) employees with twelve month .50 "FTE" and above assignments.

(b) Vacation accrual: vacation leave shall be accrued and calculated as follows:

Years of services

Annual accrual

Accrual rate per pay period (based on full time status)

Maximum accrual

Maximum payout

Hired at "UT" on or after July 1, 1993

176 hrs (22 days)

6.776 hrs (.0847 per regular compensated hour)

352 hrs (44 days)

352 hrs (44 days)

Hired at "UT" before July 1, 1993

192 hrs (24 days)

7.392 hrs (.0924 per regular compensated hour)

576 hrs (72 days)

384 hrs (48 days)

(c) For purposes of determining years of service, only the last hire date with continuous employment with the university of Toledo is to be used.

(d) Accrual rate will be pro-rated for part time employees with a .50 "FTE" and above assignment.

(5) Additional provisions applicable to all employees and faculty:

(a) Vacation leave is accrued during the time an employee is on active pay status including holiday time, sick time and vacation time, but is not accrued while on unpaid leave of absence.

(b) Vacation leave will not be charged for holidays or closings which are officially designated by the university.

(c) Employees must observe the university's holiday and work schedule - not the academic holiday and break schedule.

(d) Scheduling of vacation is the responsibility of the supervisor/manager and will be considered for approval whenever possible provided it does not hinder the departmental operations.

(e) Employees with a vacation balance above the new maximum accrual on the effective date and under this policy will have their overage hours placed into a holding account.

(f) Vacation request:

(i) Employees intending to take vacation shall request vacation and obtain approval by the appropriate vice president, dean, director, or supervisor in advance.

(ii) All paid vacation leave approved and taken must be supported by a balance available that is equal to or more than the vacation leave requested at the time it is taken.

(iii) Employees with a balance in their holding account will have any approved vacation time taken deducted from their regular vacation balance allowing employees to continue to accrue up to the new maximum under this policy. Employees may, however, request the vacation time taken be deducted from their holding account instead of their regular vacation balance. Employees must send the request within two weeks of taking the approved vacation time to the payroll department and include actual dates and hours to be deducted from the holding account.

(g) Position change:

(i) Employees changing from a position that allows a higher maximum vacation accrual to a position that allows a lower maximum vacation accrual will have all accrued vacation hours above the new maximum accrual of the new position placed into a holding account at the time of the change in position.

(ii) For employees changing from a position that allows a lower maximum vacation accrual to a position that allows a higher maximum vacation accrual and who have a holding account at the time of the change in position, the vacation balance in their holding account will be transferred into their regular vacation balance up to the new maximum accrual.

(iii) Any approved vacation time taken will be processed and applied as noted under paragraph (B) (5)(f) of this rule.

(iv) Employees will earn vacation according to the accrual rate that is applicable to the new position effective the date of the change in positions.

(h) Vacation payout: upon separation of employment with the university of Toledo or change in status from twelve month faculty appointment to a nine month faculty appointment:

(i) Employees regular balance and holding account balance will be combined for a total of unused accrued vacation hours.

(ii) Employees with at least one year (fifty-two weeks) of the university of Toledo service are eligible for compensation for all unused accrued vacation leave not to exceed the maximum hours indicated under this policy at their rate of pay at time of separation.

(iii) Any eligible payment for unused accrued vacation leave will be processed within thirty days of separation.

(iv) Final payment for unused accrued vacation leave is not subject to retirement system contributions and is not considered compensation to the employee in determining "final average salary" for retirement. However, the final payment for unused accrued vacation leave is subject to all applicable taxes.

(v) In no case may vacation time be added to the last day worked to extend service. The last day actually worked will be used as the last day of employment.

Effective: 8/1/2009
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-38 Insurance - health, life and disability; travel accident coverage; and dental, optical and prescription drug coverage.

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.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-39 "COBRA" Consolidated Omnibus Budget Reconciliation Act regarding continuation of health coverage.

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.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-41 Dispute resolution 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 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

(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 office of inclusion and the department of human resources and therefore, is not subject to this policy. (See applicable policies under the office of inclusion).

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 may request assistance from human resources as an alternative to a meeting with his/her immediate supervisor. At any point in this informal resolution process, either the employee or supervisor may request assistance from human resources 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 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 the department of human resources (See: utoledo.edu/depts./hr/forms/index). The form is to be completed and forwarded, within five working days after the last attempt between the supervisor and the employee to resolve the issue, to the next level of management above the employee's immediate supervisor. Informational copies of the written complaint shall be sent to the vice president for human resources 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 vice-president of human resources or designee.

(b) The vice president for human resources 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 vice president of 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.

Effective: 7/5/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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 department of human resources and talent development.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-47 Criminal background check.

(A) Purpose of policy

The university of Toledo is committed to providing a safe and secure environment for its faculty, staff, residents, students, volunteers, patients and visitors. The university will take reasonable steps to ensure hiring decisions effectively contribute to lessening unnecessary risk in support of its academic, clinical, and research mission.

(B) Policy statement

The university of Toledo will conduct criminal background checks on all final candidates hired or rehired for faculty, staff, contingent, temporary, resident, volunteer, and select graduate and undergraduate student employment positions as part of the hiring process. Criminal background checks will be conducted to support the university's mission and to achieve the goal of providing a safe and secure environment.

(C) Regulations

(1) Background checks will be conducted for:

(a) All non-student appointees and final candidates under consideration for regular full-time / part-time faculty, staff, residents, temporary, and/or contingent positions.

(b) All volunteers and students that are final candidates for positions that involve security sensitive responsibilities including but not limited to, the following:

(i) Care of patients in health care settings such as hospitals, dental clinics, clinics, mental health facilities, etc in compliance with all applicable laws, regulations and standards.

(ii) Access to "select agents and toxins," or "controlled substances" as defined under state and federal law.

(iii) Access to master keys, electronic access, or key access to residences and areas requiring a high level of security, such as those that store controlled substances or money, research facilities, etc

(iv) Entrustment of university vehicles when proof of a valid driver's license is a job requirement.

(v) Students hired into supervisory, resident hall, or teaching responsibilities involving unsupervised, direct contact with students.

(vi) Public safety enforcement support

(vii) Access to student/employee personally identifiable information including but not limited to access to the human resources information system.

(viii) Handling of financial matters; can be limited to those positions with approval authority or access above a set dollar amount.

(c) When an employee has been removed/separated/terminated from employment and is offered a position/rehired regardless of length of time off the system.

(d) When employees are subject to motor vehicle driver history checks to insure that their licenses are current and/or without excessive violations.

(e) When the appointing authority learns of a final conviction or a misdemeanor, felony or other offense of moral turpitude that adversely affects the ability to perform the job or has an adverse effect on the university if employment is continued; or

(f) When required by federal law, Ohio Revised Code laws, administrative policy statements, or the university of Toledo policy.

(2) Types of background checks conducted may include:

(a) Criminal records - county criminal felony and misdemeanor, state criminal felony and misdemeanor in each place an applicant resided.

(b) National sexual offender registry search - where required by any state or federal law or agency regulations or rules.

(c) Fingerprint background checks - where required by any state or federal law or agency regulations or rules.

(3) All offers are contingent upon successful completion of the background check. All offers of employment, oral or written, must include a statement as follows: "This offer is contingent on the university's verification of credentials and other information required by law and/or university policies including but not limited to a criminal background check."

(4) The university may refuse to hire the finalist or may rescind an offer of employment to a finalist that has not successfully completed the background check process.

(5) The background authorization to release information form must be used for any background check performed by a third party vendor.

(D) Self-disclosure of criminal convictions

Individuals applying for positions are required to self-disclose criminal conviction information when they apply. Failure to disclose criminal convictions may make the candidate ineligible for hire.

(E) Assessment of criminal background check information

(1) Background checks will be assessed on the relevancy of the candidate's criminal history to the position the candidate is seeking using the following principles:

(a) Only convictions will be taken into account when reviewing a final candidate's criminal history. An arrest without a conviction in a closed case will not be considered. Expunged records must not be considered when making a determination of a candidate's eligibility.

(b) Open criminal cases may preclude a final candidate from eligibility for employment depending on the relevancy of the charge to the job responsibilities.

(c) Failure to disclose criminal convictions may make the candidate ineligible for hire.

(d) Negative information will be evaluated by considering factors such as

(i) The nature of the criminal act

(ii) The frequency of the criminal acts

(iii) The time since the last conviction

(iv) The time between convictions

(v) The relevancy to the job

(F) Adverse action notification procedures as required under the Fair Credit Reporting Act ("FCRA") - in order to comply with the federal statutory requirements under "FCRA," the following two letters will be sent out to applicants when any information contained in the background investigation report could result in the withdrawal of the conditional offer of employment.

(1) First adverse action notice letter - this letter will be sent out immediately along with two attachments (a) copy of the background report and (b) a copy of the summary of "Your Rights Under the Fair Credit Reporting Act." Candidate will be allowed to explain the results and provide clarifying information within five business days from date of letter.

(2) After review of the supplemental information submitted by the candidate, the final decision to withdraw the conditional offer of employment will be made by human resources/provost/faculty affairs in consultation with the university's legal counsel and/or the university of Toledo police department as needed and in accordance with the provisions of this policy. This decision will be based in whole or in part on the adverse information received.

(3) Second adverse action notice letter - this letter will be sent out if the final decision is to withdraw the conditional offer of employment along with a copy of the summary of "Your Rights Under the Fair Credit Reporting Act."

(G) Background check records

(1) Candidates not hired due to information revealed on a criminal background check conducted by a third party vendor, must be provided with a copy of the results and the name and contact information of the agency used. Candidates must also be informed that the university made the decision not the agency. Candidates will be informed of their rights to dispute information contained in the report and the right to require an additional free copy of the report within sixty days.

(2) To the extent possible, all information received in connection with the criminal background check process will be treated as confidential except when disclosure is necessary.

(3) For information pertaining to the retention of criminal background check results refer to the university archive records retention schedule. Criminal background check documentation will be stored in a confidential file separate from the official employment file.

Effective: 7/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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, 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 and talent development 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 human resources and talent development 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 human resources and talent development 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 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) Involuntary 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 human resources and talent development consultant immediately upon confirmation that the funding will be ending.

(F) Ability to rescind a resignation.

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

(b) Unclassified staff acceptance of the withdrawal of a resignation is at the appointing authority's discretion. Managers/supervisors should consult with their human resources and talent development 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 human resources and talent development department.

(H) Separation submission. The department is responsible for immediately submitting the on-line separation process for voluntary separations. Human resources and talent development 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

Effective: 11/03/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-55 Absenteeism/tardiness guidelines.

(A) Policy statement

Every employee is a valued university of Toledo medical center team member. As such, it is expected that employees maintain an acceptable attendance record which includes reporting to work on time.

(B) Purpose of policy

This policy describes timekeeping regulations and responsibilities for hourly-paid employees working on the health science campus who are not subject to a collective bargaining agreement. It establishes uniform guidelines for all units/departments/areas to further the control of absenteeism and reduce excessive operating expenses.

(C) Scope

This policy applies to hourly-paid employees working on the health science campus and not subject to a collective bargaining agreement.

(D) Definitions:

"Sick Day" is defined to be when an employee is not present for their assigned shift for a period of two hours or more. One point is assessed for such an occurrence that occurs Monday through Friday. Two points are assessed for such an occurrence that occurs on the weekend or holiday. Part time and full time employees are treated similarly.

"Early Out" is defined to be when an employee leaves their work assignment for a period of time of less than two hours. One-half point is assessed.

"Lateness/Tardiness" is defined to be when an employee is five minutes or more up to one hour and fifty-nine minutes late for work. It is encouraged that employees call their supervisor to advise them of their late arrival to work.

Weekend shift" is defined to be ten fifty-nine p.m. on Friday and ends ten fifty-nine p.m. on Sunday of each week.

"Rolling twelve months period" is defined to be the beginning with the most recent occurrence of a sick day or its equivalent and counting twelve consecutive months backwards.

"Shift" is defined as a scheduled contiguous period of work time of four hours or more.

(E) Exclusions:

The university recognizes that there are circumstances/authorized leaves which are not within the scope of absenteeism control and therefore shall be excluded from consideration of this policy. The following circumstances are therefore excluded

(a) Approved Family Medical Leave Act leave of absence

(b) Approved non Family Medical Leave Act leaves of absence

(c) Injury/workers' compensation leave

(d) Administrative leave

(e) Military leave

(f) Personal day

(g) Approved vacation day(s)

(h) Approved compensatory time

(F) Procedure

Employees who are unable to report to work shall be responsible for directly notifying their immediate supervisor or their designee one hour prior to the beginning of their work shift. Employees are to follow the appropriate departmental procedures for absence notification. Failure to properly report off work or call off late will be addressed through the corrective action process. Correction action will follow rule 3364-25-11 of the Administrative Code or as may be amended.

Employees are responsible for following the record keeping procedures established by their department.

If management determines that an absence or absences are not valid or there appears to be a pattern of absences or circumstances which suggest abuse; the employee will be directed to provide medical certification justifying the use of sick leave. Failure to provide the certification will result in disciplinary action up to and including termination as determined by the appointing authority.

(G) Corrective action schedule

Sick day levels or equivalents

5

7

9

11

12

Action required

*Coaching

* Level One oral/written warning

* Level Two written warning

* Level Three written warning/pre-discharge

* Level 4 Termination

(H) Termination hearing

Any employee who has reached the termination level of corrective action shall be afforded a hearing before the chief human resources officer (or designee), The purpose of the hearing will be to determine if the points assessed are accurate and to determine if there are any mitigating circumstance which would indicate that the contemplated termination would be inappropriate. A finding of validity and appropriateness will result in the dismissal of the employee. Upon a finding of inaccuracy or inappropriateness, the employee shall be placed at the appropriate level of the corrective action schedule.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-104 Drug-free workplace.

Policy statement

(A) The university of Toledo will implement and enforce the laws of the state of Ohio, and the federal highway administration - U.S. Department of Transportation, pertinent to the Omnibus Transportation Employee Testing Act of 1991 (see February 15 Fed. Reg., page 7340), and Controlled Substances and Alcohol Use and Testing (49 C.F.R., part 382). The university will ensure that all alcohol or controlled substances testing complies with the procedures set forth in these titles.

(B) The university will implement and enforce the provisions of the Drug-Free Workplace Act of 1988 and the Drug Free Schools Act. This policy is applicable to all employees and working environments. Violations of Drug-Free Workplace provisions will subject employees to the university discipline procedures. The university hereby notifies all employees that illegal possession of a controlled substance is prohibited in the workplace. Controlled substances may include prescription medication. The workplace encompasses all university facilities. Violation of such prohibition will result in official university disciplinary action.

(C) On the basis of its established policies and procedures, the university will certify to funding agencies that the institution will provide a drug-free workplace.

(D) Programs are designed to prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by all university employees, including drivers required to maintain a commercial driver's license. Effective programs will be facilitated by the office of human resources and talent development, to include comprehensive programs, guidelines, and procedures designed to assure compliance with the above stated laws and any substantially equivalent federal, state, and/or local laws enacted subsequent to the adoption of this policy.

(E) The chief human resource officer shall be responsible for implementation of this policy and shall publish procedures for said implementation.

Effective: 3/31/2018
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

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.

Effective: 3/31/2018
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-113 Recruitment of personnel and hiring procedures.

The human resources and talent development "HRTD" department shall provide a service for the university of Toledo by recruiting staff employees. Advertising for applicants will originate from the HRTD department.

(A) 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. The EPAF includes the position description with comprehensive up-to-date position duties and qualifications.

(B) 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, etc. The classification of a new position will be determined by the HRTD department in accordance with civil service regulations, the policies of the university, and laws set forth in the fair labor standards act for the unclassified staff Positions shall be classified based on actual duties performed by the position. In no case will positions be classified higher or lower than the duties allow.

(C) Once job duties and classification have been provided, HRTD shall determine the appropriate classification and appointment category. The electronic personnel authorization and position description will need to be approved appropriately by the department head, the office of budget and planning, and HRTD. HRTD will respond within seventy-two hours provided all required materials and supporting information are properly submitted.

(D) After the approval process is completed and HRTD 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. If a position is determined to be in a bargaining unit, the respective contract provisions on bidding will be followed. The department or unit may review personnel files and contact supervisors of the employees.

(E) Interviewing managers may offer the position to a qualified internal candidate. Once accepted, the interviewing manager must notify HRTD 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.

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

(G) Once a selection is made, the hiring department will inform HRTD of its selection. HRTD 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.

(H) All new hires on the health science campus must be cleared by family medicine in compliance with the university's drug screen and immunization review process by the first day of work. Employees may be relieved from duty if the requirements are not complete.

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

Effective: 3/31/2018
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-116 Employment eligibility verification.

(A) Policy statement

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

Human resources and talent development ("HRTD") is responsible for the development of all pre-employment procedures and determines the appropriate documentation required prior to hire. "HRTD" shall ensure that the documentation required is in accordance with the Immigration Reform Act of 1986 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 anyone hired.

(B) Procedures

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.

(1) Non-faculty staff

Human resources and talent development is responsible for extending offers of employment for all non-faculty positions, except for residents and graduate students working on health science campus.

To the extent practical, candidates will complete the form "I-9" (employment eligibility verification) before their first day of employment. The "I-9" form is completed at the time an employee presents himself in human resources and talent development to complete the pre-employment requirements. Persons tested at a facility other than the university will complete the form "I-9" on their first day of employment.

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.

Once completed, "I-9s" will be maintained in human resources and talent development separate from the employee personnel file.

(2) Faculty

Academic affairs is responsible for ensuring the completion of all pre-employment documents.

(3) Residents

New residents will complete the form "I-9" during resident orientation on their first day of employment. Human resources and talent development is responsible for ensuring the required documents are presented.

(4) Graduate students

The international services coordinator in the graduate school is responsible for verifying the eligibility of graduate students for university employment.

(5) Completing the form "I-9"

A person must present a document or documents that establish identity and employment eligibility. A person can consult with human resources and talent development to obtain a list of acceptable documents.

If a person is unable to present the required document(s) within three business days of the date employment begins, he or she must present (within three business days) a receipt showing that he or she has applied for the document. The person then must present the actual document 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, which he or she is already eligible to be employed in the United States. Failure to produce the required documents will result in an immediate inability to work until compliant with this regulation.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-25-119 Personnel actions.

Policy statement

All requests for payroll changes (additions, reductions, removals, leaves, adjustments) or title changes, budget changes, etc. must be submitted through the electronic personnel action form "EPAF" when applicable.

(A) The vice president and chief human resources and talent development "HRTD" officer or designee is responsible for the implementation of this policy.

(B) All new employees must complete proper new hire forms as required by university policy and federal and state regulations through the human resources and talent development department so that they may complete the proper forms, as required by law and university regulations.

(C) The EPAF for faculty members and graduate assistants are submitted to the pertinent approvers. New members of the faculty must report to the human resources and talent development department in order to sign up for benefits.

(D) All new eligible employees must sign up for an appropriate retirement program.

(E) In resignations, removals, death, retirement, or disability separation, the last day worked is the last day on which the employee was actually on the job. When an employee separates from employment, the separation submission should be consistent with the process outlined in rule 3364-25-48 of the Administrative Code (separation from employment).

(F) When an employee resigns, the employee must submit a letter of resignation to the HRTD department. The HRTD department also will work with the supervisor and the employee upon retirement, and with the supervisor and the survivors upon an employee's death.

(G) All new employees, faculty and staff must provide the necessary documentation as required by the immigration and naturalization service within seventy-two hours of the proposed hire date in order to receive payment for services as an employee, faculty member, or staff member.

Effective: 3/31/2018
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364