Lawriter - OAC - 3364-25-48 Separation from employment.

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