Chapter 3361:30-16 | Compensation and Attendance

Rule 3361:30-16-01 | Compensation and attendance: emergency closing.

• Effective: January 29, 2018
• Promulgated Under: 111.15

(A) The university of Cincinnati is always officially open. During periods of severe inclement weather, public emergency, or other crisis, the president or a designated cabinet officer may announce, through the university of Cincinnati electronic mail system and through the local news media, that some or all of the university's offices and facilities are closed for part or all of a workday. (See rule 3361:10-55-01 of the Administrative Code regarding the announcement of emergency closures at the university of Cincinnati.)

(B) This rule identifies those employees who are required to report to or remain at work during such emergency closings and sets forth the policies governing attendance and compensation that will be in effect for all employees during these periods.

(C) The announcements regarding closings shall specify which work units are to be closed. Employees in the closed units shall not report to work. Exceptions are listed in paragraphs (D)(1) and (D)(2) of this rule. The official closing time of the university will be determined by the time/date sent to recipients on the "Triple D" listserv or its equivalent.

(D) The following groups of employees are expected to report to or remain at work as scheduled during emergency closings:

(1) Employees whose work units are not closed. Such units will always include the following essential units that never close under any circumstances:

(a) The college of medicine;

(b) University police;

(c) Office of residence life/housing units;

(d) Utility plants;

(e) Emergency maintenance operations;

(f) Any research unit where the integrity of the research must be preserved;

(g) Service units that routinely operate on a seven day per week, twenty-four hour per day service schedule.

(2) Employees whose work units are closed but who are specifically directed to report or remain at work by their administrative unit head. Documented approval from the appropriate vice president is required for these employees.

(E) The following attendance and compensation policies shall be in effect for employees required to report or remain at work during periods of emergency closing:

(1) All employees who are required to report or remain at work (i.e., employees whose work units are not closed or those called into work by their administrative head) shall work as scheduled. Any employee who is required to work but unable to do so as scheduled, for whatever reason, must contact his/her administrative head at least one hour in advance of the employee's starting time to report his/her absence. Current policies regarding time off requests shall apply.

(2) Hourly paid employees who report or remain at work as required during a closing will be paid time and one-half unless directed otherwise by a collective bargaining agreement. Salaried employees who report or remain at work as required will receive pay at their regular salary.

(3) Current policies regarding time off shall apply: Essential hourly employees who do not report to work must use vacation, compensatory time or time off without pay. Essential employees who live in counties where the sheriff has declared a "Level 3" snow emergency will receive pay at their regular straight time rate. Non-essential hourly employees, who report to work without being told to, will receive regular pay.

(F) The following compensation policies shall be in effect for those employees whose work units are closed and who are not asked to work:

(1) Hourly and salaried employees receive pay at their regular wages.

(2) Hourly employees who report to work without being told will receive pay at their regular straight time rate.

(3) Employees prescheduled for vacation, sick or compensatory time off prior to the emergency-closing announcement may not rescind their time off request after the announcement.

(4) When it is announced that a segment of the university campus will be closed for the remainder of the day, hourly paid employees requesting to leave work earlier than the scheduled closing time must have the approval of the appropriate administrative head and must charge the additional hours of absence, prior to the official closing, to accrued compensatory time, accrued vacation time, or leave without pay, in that order.

Last updated June 6, 2021 at 2:42 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361
Prior Effective Dates: 11/7/1994, 2/17/1998, 1/15/2003, 12/12/2003, 6/30/2005

Rule 3361:30-16-02 | Compensation and attendance: furlough policy.

• Effective: May 14, 2020
• Promulgated Under: 111.15

(A) Pursuant to Section 371.70.20 of Amended Substitute House Bill 1 effective on July 17, 2009, the board may adopt a policy providing for mandatory furloughs of employees, including faculty, to achieve spending reductions necessitated by institutional budget deficits.

(B) The following rule applies, notwithstanding any other rule to the contrary, to all employees except those employees covered by a collective bargaining agreement containing contrary language.

(C) The president shall have the authority to interpret and to issue policies implementing this rule.

(D) If the president determines that the university is facing a budget deficit, a furlough plan may be implemented. A university budget deficit is a deficit within the university and can include: decline in the financial resources of the university brought about by a reduction in state or federal funding; loss of revenue from endowments or investments; decline in institutional enrollment; or by other action or events that result in a reduction in the operating budget. A budget deficit may be within a college, department, program, or other division less than university- wide. The furlough plan will set forth the form of furlough and period within which a furlough will be implemented.

(E) All furloughs taken pursuant to the furlough plan will be based on business reasons, prospectively implemented, for a designated period, and designed not to affect fair labor standards act exempt status for exempt employees.

(F) Mandatory furloughs are considered final and binding and not grievable under any university grievance or appeal rule, policy, or procedure.

(G) All federal and state anti-discrimination laws will be followed in the application of the provisions of this policy.

(H) Unless otherwise determined by the president, the following will apply to the employee benefits during furlough:

(1) No vacation leave, sick leave, or compensatory time may be used in lieu of a period of furlough leave. Additionally, paid holidays or other paid time off cannot be substituted for furlough leave days.

(2) Healthcare, dental care, and life insurance benefits will not be affected by a furlough. Employees' continuous university service, review date, and employment status will not be affected by any period of furlough.

(3) Employees will continue to accrue vacation and sick leave during a furlough prorated to the accrual for the leave.

(4) Retirement contributions by both employees and the university will be affected by furloughs as contributions are based on actual earnings.

(5) Employees remain responsible for making all employee contributions (i.e., healthcare, dental care, flexible spending accounts, and 403(b) contributions) and all miscellaneous authorized deductions (i.e., credit union, charitable contributions, university payments).

(6) Eligibility for unemployment benefits is not determined by the university.

Last updated June 6, 2021 at 2:42 AM

Supplemental Information

Authorized By: 3361
Amplifies: 3361