OLPM

USY.V  Personnel Policies
(Note: OLPM sections on this page may be cited following the format of, for example, "USY.V.C.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)

C. Employment

1.   Authority

1.1   The Board of Trustees authorizes the Chancellor, in consultation with the Administrative Board, to establish employment policies which comply with state and federal legislation and which seek to maximize the efficient and effective utilization of USNH human resources.

1.2   The component institutions shall adopt such institutional policies as are necessary to meet the requirements of this University System policy.

1.3   The Board of Trustees, under BOT V.C.2.3 has reserved to itself the authority to establish and amend any employment policies applicable to Principal Administrators.

 

2.   Equal Employment Opportunity/Affirmative Action

2.1   In accordance with BOT V.B.2 and USY V.B the University System and each of its component institutions shall act affirmatively in the recruitment, selection, and employment of personnel.

2.2   As required by the BOT Bylaw Article VI, the University System of New Hampshire and each of its component institutions shall not discriminate in recruitment, selection and employment against any employee on the basis of sex, race, color, religion, age, national origin, sexual orientation, veteran's status or physical or mental disability.

2.3   In compliance with the Genetic Information Nondiscrimination Act (GINA) of 2008, USNH applicants and employees are protected from discrimination in employment based on genetic information. Genetic information includes information about genetic tests of applicants, employees, and/or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members. Under GINA regulations, acquisition of genetic information is restricted and disclosure of genetic information is strictly limited.

 

3.   Recruitment and Selection

3.1   Institutional Compliance Officer. The functions listed below shall be performed by the University System Director of Human Resources for principal administrators whose appointment is approved by the Board of Trustees. Each component institution shall designate at least one employee to serve as an institutional compliance officer. The compliance officer of the component institution where the new employee will be located shall be involved in the recruitment and selection process in the following ways:

3.1.1   Consulting with the hiring authority on the job qualifications whenever authorization has been given to fill a vacancy or a new position is created;

3.1.2   Ensuring compliance with Equal Employment Opportunity and Affirmative Action requirements and the requirements of the Americans with Disabilities Act including the identification of essential functions of the position to be filled, as specified by USY V.C. 3.2.1, below;

3.1.3   Endorsing the advertisement before release;

3.1.4   Advising on the breadth of recruitment;

3.1.5   Determining the appropriateness of the applicant pool before finalizing the hiring process.

3.2   Pre-Advertising Requirements. The following steps shall be taken to define a vacant position before the vacancy is advertised:

3.2.1   The essential functions of the position shall be enumerated in writing in order to ensure compliance with the Americans with Disabilities Act.

3.2.1.1   In general, the term essential function means the fundamental job duties of the employment position the individual holds or desires. A job function may be considered essential for any of several reasons, including but not limited to the following:

  • The position exists specifically for the performance of that function

  • The number of employees who can perform that function is limited; and/or

  • The function may be highly specialized so that the expertise or ability to perform the particular function is essential

3.2.1.2   Evidence of whether a particular function is essential includes, but is not limited to:

  • The employer's judgment

  • Written job descriptions prepared before advertising or interviewing applicants for the job

  • The percent of time spent on the job function

  • The consequences of not performing the function

  • The terms of a collective bargaining agreement

  • The work experience of past incumbents in the job; and/or

  • The work experience of incumbents in similar jobs

3.2.2   The position shall be classified in accordance with the University System classification process established in USY V.F.

3.2.3   The position shall be assigned a pay range in accordance with the process described in USY V.F Compensation.

3.2.4   A determination shall be made as to whether the position must be advertised under USY and institutional policy or qualifies for one of the specific exceptions set forth therein. In situations where the requirement to advertise is not applicable, an election to advertise the position vacancy is acceptable.

3.3   Advertising. All external advertisements for USNH positions will state that the institution is an Equal Opportunity/Affirmative Action employer, normally designated in the ad as EEO/AA employer.

3.3.1   Faculty Positions

3.3.1.1   Content of Advertising. All faculty announcements must include the title of the position, discipline, position responsibilities, tenure status, qualifications and a date before which no hiring will occur. Inclusion of the hiring salary is optional, to be determined by institutional policy or practice.

3.3.1.2   Breadth of Advertising. Information regarding position vacancies will be disseminated internally to all USNH institutions. External advertising will normally include a minimum of one regional and one national source, and will normally include at least one professional source for tenure-track positions. Outreach to professional networks and graduate schools will be part of the normal search. Faculty-in-Residence and Resident Artist positions may be advertised regionally only within appropriate affirmative action guidelines.

3.3.1.3   Duration of Advertising. The length of time for advertising faculty positions shall be consistent with the normal recruiting time necessary within the discipline and should be sufficient to seek out qualified applicants, including women, minorities and those with disabilities. A minimum of 10 days after the first external advertisement appears is required before selection takes place.

3.3.2   PAT Positions

3.3.2.1   Content of Advertising. All advertising for PAT positions shall include in the external advertisement a title, the classification title or the operational title, qualifications for the positions, and a date before which no hiring will occur. The qualifications shall be consistent with those contained in the class specifications. Inclusion of salary range information is optional, to be determined by institutional policy or practice. Internal advertisements must include the classification title and the PAT salary range assignment.

3.3.2.2   Breadth of Advertising. Information regarding position vacancies will be disseminated throughout the USNH institutions. External advertising will normally include national and regional sources. The breadth will vary by profession and type of recruiting market and will be determined by the campus personnel office in conjunction with the recruiting department.

3.3.2.3   Duration of Advertising. The length of time for advertising shall be consistent with the norm for the profession to seek out qualified applicants, including women, minorities and those with disabilities. A minimum of 10 days advertising is required before interviewing and selection may occur. All applicants should be given full consideration in the application process.

3.3.3   Operating Staff Positions/Non-Exempt

3.3.3.1   Content of Advertising. All advertising for non-exempt positions shall include in the external advertisement a title, the classification title or the operational title, qualifications for the positions, and a date before which no hiring will occur. The qualifications shall be consistent with those contained in the class specifications. Inclusion of salary range information is optional, to be determined by institutional policy or practice. Internal advertisements must include the classification title and the non-exempt salary range assignment.

3.3.3.2   Breadth of Advertising. Information regarding position vacancies will be disseminated throughout the USNH institutions. External advertising is optional. The campus Human Resources Office based on the size and diversity of the potential applicant pool will make determination of the need for external advertising.

3.3.3.2.1   Internal applicants. Status staff members are internal applicants. Non-status staff members who have been employed within USNH for at least 12 months in total preceding the posting and who have worked at least 1,250 hours during that 12 month period shall be considered internal applicants.

3.3.3.2.1.1   Normally, during the first three workdays after the closing or review date, the hiring supervisor will review internal applicants prior to consideration of external applicants. Human Resources will review search documentation of all qualified internal applicants prior to releasing external candidates' application materials. All acceptable internal applicants will be continued in the search while external applicants are being reviewed.

3.3.3.3   Duration of Advertising. All vacancies using internal advertising policies shall be posted for a minimum of seven days. All vacancies advertised externally will be posted for the minimum number of days determined by campus policy.

3.3.4   Principal Administrators

3.3.4.1   Content of Advertising. All announcements for Principal Administrator positions must use the approved title and job responsibilities for the job as outlined in the By-laws of the Board of Trustees and must include an initial review date for receipt of applications. Any provision for including faculty rank or tenure as part of an advertisement must have prior approval of the Chancellor.

3.3.4.2   Breadth of Advertising. Advertising shall be consistent with the scope needed to attract qualified candidates, including women, minorities and those with disabilities.

3.3.4.3   Duration of Advertising. Advertising shall be consistent with the scope needed to attract qualified candidates, including women, minorities and those with disabilities.

3.3.5   Extension Educators. See special section on Cooperative Extension Service.

3.3.6   Academic Administrators. Academic Administrators shall comply with advertising policy for PATs except that recruiting is normally expected to be internal using the institution's faculty as the primary source of candidates.

3.4   Selection

3.4.1   Screening Committee. Screening committees will be required only for principal administrator positions. Institutional policy or practice will determine use and responsibilities of screening committees. Screening committee composition and responsibilities shall be consistent with USY policy on non-discrimination and affirmative action requirements.

3.4.2   Selection Criteria

3.4.2.1   Selection of candidates shall be based on a determination of the best match of candidate qualifications and job requirements. That determination shall be made on the basis of the essential functions, minimum qualifications and additional desirable qualifications as outlined in V.C.3.2

3.4.2.2   Interviewing, testing and selection shall comply with all state and federal requirements for non-discrimination, and uniform selection, as well as USY policy. Actions covered by this policy include but are not limited to:

  • Asking illegal questions regarding age, sex, race, religion, marital status, disability, military discharge or criminal arrest

  • Using and administering tests, which are not job, related or screen out qualified women, minorities or persons with disabilities

  • Limiting, segregating or classifying qualified candidates or employees in a way that adversely affects their opportunities because of a disability

3.4.3   Data Collection

3.4.3.1   Information including name, gender and race of all finalists shall be collected and reported. Reasons for hire and rejection shall be maintained for all women, minority and disabled candidates when such candidates are identified.

3.4.3.2   The USNH Office of Human Resources shall be responsible for reporting all data required by federal and state agencies as well as that established as part of the Affirmative Action Plan. Individual institutions shall collect and report the necessary applicant and employee information.

3.5   Exceptions to normal recruitment and selection procedures and policies. There are several circumstances under which advertising is not required or anticipated. (However, it is acceptable to advertise in any circumstance.) These appointments and circumstances typically are temporary arrangements. Campus policy may establish specific approval procedures for exceptions to recruiting.

3.5.1   Appointment. The following appointments do not require advertising unless specifically designated by the campus affirmative action plan:

3.5.1.1   Contract Lecturers

3.5.1.2   Adjunct faculty appointments

3.5.1.3   Adjunct staff appointments

3.5.1.4   Interim appointments

3.5.1.5   Acting appointments

3.5.1.6   Volunteers or unpaid positions

3.5.1.7   Visiting faculty and exchange appointments

3.5.2   Circumstances. Under the following circumstances a candidate may be appointed to a status position without advertising:

  • Reduction-in-force as outlined in policy USY V.C.9

  • Grant-funded positions as described in USY V.C.3.5.3

  • Former employees currently on Workers Compensation or Long-term Disability as described in USY V.A.

3.5.3   Individual exceptions. The Chief Campus Human Resource Officer may make exceptions to advertising requirements with the concurrence of the AA Office, or if there is no separate AA office, with concurrence of the USNH Director of HR. These exceptions are case specific and will typically be the result of insufficient recruiting time, settlement of employee/institutional transfer complaints or needs, or to comply with the intent of the employment policy. Such exceptions will be in writing.

3.5.4   Recruitment for Grant-Funded Positions. As a matter of policy and practice, departments are required to adhere to affirmative action/equal employment opportunity procedures when recruiting staff under a particular grant or contract except under the following circumstances:

3.5.4.1   When a grant or contract is being transferred from another institution, the principal investigator may bring along those staff members who have been and will continue to be integral members of the research activity. Such individuals are advised that continued employment at USNH is contingent upon continued external funding; and additional staff members must be recruited through regular procedures;

3.5.4.2   When a person(s) (generally not more than one or two) is specifically named in a proposal by the principal investigator and funding calls for or is contingent upon having a qualified individual(s) named who is essential to the successful completion of the project, then normal recruitment procedures to fill that position(s) will not be necessary;

3.5.4.3   When an individual not currently employed by the University System has written a proposal and gained endorsement from a USNH faculty member/administrator to be the Co-Principal Investigator so named in the proposal, that individual may be named as Co-Principal Investigator without recruitment.

In all cases, the following points remain in force:

3.5.4.4   The positions occupied by staff members who transfer from other institutions or who are hired under the above listed circumstances will be classified and paid in accordance with normal University System policies;

3.5.4.5   It is understood that there is no guarantee of continued employment for employees hired and supported by externally funded grants or contracts beyond the termination of the original external support or the extension of that same fund source;

3.5.4.6   All current policies, procedures, and benefits of the University apply to grant-funded personnel, including classification, wage, and salary policies on any new positions or any positions where change of fund sources occurs; and

3.5.4.7   An employee originally hired and supported by an externally funded grant or contract will be subject to all the usual affirmative action/equal employment recruitment guidelines when applying for a (regular) University System supported position.

 

4.   Placement

4.1   Verification of Right to Work. In accordance with the Immigration Reform and Control Act, the institution shall verify the identity and right to work of all new employees no later than three business days from the beginning of employment.

4.1.1   Temporary Social Security Numbers. In those instances when a new employee has applied for a Social Security Number and has not yet received it, but provides a copy of the verification letter or other proof of application to the campus Human Resources Office, a temporary identification number may be used.

4.1.2   Each USNH institution will identify a process for reporting the status of any employee with a pending Social Security number application to the institution’s Human Resources Office by November 15th each year. If no such notification is received, the employee will be unable to work and placed on leave without pay until updated documentation of the application status is received by Human Resources. If documentation indicates that the application for a social security number is in process, the employee may continue to work.

4.2   Background Review. This policy outlines the process for background reviews of potential USNH faculty and staff, communication of results, and maintenance of relevant information. Offers of employment are contingent upon completion of the background check.

4.2.1   Purpose. This policy is intended to support the verification of credentials, criminal history, credit status and other information related to employment decisions. As part of the hiring process, USNH requires disclosure of relevant employment, education, and criminal history information. In order to promote a safe workplace and academic environment, all new hires will be subject to background reviews of this information prior to hiring. Background reviews are regulated by federal and state statutes, such as the Fair Credit Reporting Act, The Americans with Disabilities Act, and Equal Employment Opportunity legislation. Each USNH institution shall establish specific procedures for background reviews that shall be applicable to the job and consistent with the requirements of this policy.

4.2.2   Process. Background reviews apply to all new hires in status positions. Requirements for adjunct positions will be determined by the campus Human Resources Office. In addition, employees hired into adjunct positions may require background reviews based on the criteria noted below and as determined by the campus Human Resources Office. Current employees who are changing jobs, will have a background review if the job requires a higher level of review, and former employees who are applying for positions within USNH will have a background review.

4.2.2.1   Upon receipt of a completed and signed authorization from the finalist, the campus Human Resources Office will initiate the appropriate background review, based on the requirements of the position being filled. Refusal on the part of a finalist to authorize the review will make the individual ineligible for employment.

4.2.2.2   Levels of Background Review. The level and content of review will be determined by the campus Human Resources Office and will be based on the duties and qualifications of the job being filled. A standard background review for new hires in status positions contains a criminal history check, including a sex and violent offender registry check, and verification of identity, employment; and, if required by the position, academic credentials, professional certificates, tax payment check, credit check, and/or Department of Motor Vehicle report.

4.2.2.2.1   In the case of Foreign Nationals, in addition to the above reviews, a criminal check of their prior country of residence is required if their visa and/or authorization to work in the United States is prior to implementation of the Patriot Act, October 12, 2001.

4.2.2.2.2   For adjunct hires, background checks will be required for those hired in positions in which the following work is involved:

  • Handling financial, student, or personnel data or information
  • Confidential or sensitive data or information
  • Handling cash, checks, and/or credit card transactions
  • Providing services to any one under age 18
  • Possessing keys/codes or other means of entry to living or work spaces
  • Working with hazardous materials

The campus Human Resources Office will determine what adjunct positions should be included or excluded from background checks. For some short-term, adjunct positions in which a business process includes close supervision, the campus Human Resource Office may waive the background check requirement.

4.2.2.3   If USNH has performed any of the above verification or history checks on an individual within the past year, a new background review will not be required, unless there are areas of review required by the job that were not covered in the previous review.

4.2.3   Review Results. An offer of employment may be withdrawn as a result of the background review. When such occurs, the campus Human Resources Office will provide a copy of the background review report to the finalist/new hire. S/he works with the background review vendor to correct any errors in the report. In all other instances, the Human Resources Office will provide a copy of the report upon request. If a review results in a finalist or new hire no longer being considered for employment, campus Human Resources will notify the hiring department.

4.2.3.1   Criminal convictions. Candidates are automatically disqualified if they have been convicted within the past five (5) years for any felony or violent misdemeanor (crimes against persons, simple assault, sex offenses, weapons violations, child abuse, domestic violence).

4.2.3.2   Other Convictions. The existence of other convictions does not automatically disqualify a candidate from employment.

4.2.3.2.1   If the criminal history check reveals convictions which the candidate disclosed on the employment application, the campus Human Resources Office will review the report, including any additional information the candidate provides, before making a determination regarding hiring. Relevant considerations may include, but are not limited to, the nature and number of convictions, their dates, and the relationship the conviction has to the duties and responsibilities of the job.

4.2.3.3   If unreported convictions are revealed in the criminal history check, the candidate will not be hired, unless the candidate shows the report is in error.

4.2.3.4   Falsification of information on application materials will result in termination of employment or withdrawal of an employment offer. (See also USY V.C.4.2.3 above.)

4.2.4   Record Retention and Disposal. The campus Human Resources Office will maintain records or other information generated by background reviews in confidential files. For those hired, these materials will be maintained in a file separate from the official personnel file. For candidates not hired, the records will be maintained for a period of three years.

4.3   Determination of starting salary (see USY V.F.8)

4.3.1   Principal Administrators. The Board of Trustees shall determine the starting salary for all initial appointments. The salary shall be recommended by the Chancellor based on market data and internal equity consideration.

4.3.2   Status Employees. The Chief Executive Officer shall establish a designation of authority for determination and offer of initial salary. That salary shall comply with USY policies (USY V.F.8) and shall be made in consultation with the campus office responsible for personnel.

4.4   Confirmation of Employment. All written confirmations of employment are considered to be notices of appointment, rather than contracts. All such appointment confirmations are subject to the policies established by Trustee, USY, and campus unless specifically written to the contrary.

4.4.1   Each component institution shall establish procedure and delegation for the authority to provide written notification of hire. Such procedure shall include the office responsible for personnel administration.

4.4.2   Letters of appointment shall include the following information:

  • Beginning date of hire

  • End date of appointment, if appointed/funded for a specific time period

  • Eligibility for benefits (as described in USY V.A)

  • Annual salary rate, biweekly amount, number of pay periods, and pay distribution information

  • Classified job title

  • A statement that employment is subject to Trustee policy and where appropriate to labor contract agreements

4.4.3   Letters of appointment for Principal Administrators shall include the information described in 4.4.2 In addition the letter may describe other conditions of appointment such as housing for CEOs, notice period or other compensation arrangements. Such letters shall be reviewed and approved by the Chair of the Board of Trustees and the University System of New Hampshire General Counsel before being issued.

4.5   Accommodations. The component institutions shall appoint a representative responsible for ADA accommodation compliance. Reasonable accommodations shall be made consistent with the guidelines of ADA and may include modifying existing employment facilities to make them readily accessible and usable by individuals with disabilities, as well as job modifications including, but not limited to, job restructuring, part-time or modified work schedules, re-assignment to vacant positions, acquiring or modifying equipment devices, adjusting or modifying examinations, training material or policies, providing qualified readers or interpreters or other similar accommodations.

4.6   Post Employment Physical Examinations. Jobs pre-designated as requiring heavy physical work will require a post-employment offer medical exam. This will comply with policy outlined in USY V.C.12.

 

5.   Orientation

5.1   It shall be the responsibility of the institutional office responsible for personnel administration to establish an employee orientation program. Information to be disseminated and delegation of other offices responsible for portions of orientation shall be determined by the campus personnel office. However, all employees will receive at least the following:

  • Benefits information if eligible

  • Employee handbook information

  • Benefit enrollment form

5.2   Goal. Employee orientation should include an overview of USNH followed by a brief statement of the respective institution's educational mission/goals.

5.3   Follow-up. Each Human Resources Office should develop a monitoring system that indicates whether or not an employee has enrolled in available benefit programs, specifically medical and retirement.

 

6.   Appointments and Employment Relationships

6.1   Definition. This section includes information about establishing position appointments and employment relationships and the types of relationships recognized within USNH. All appointments and accompanying conditions must comply with Trustee and USY V. Policy, regardless of funding source, unless otherwise covered by a Collective Bargaining Agreement.

6.2   Definitions of parameters important to each relationship

6.2.1   Authority to Hire and Fire. All appointments are made by the Board of Trustees or its delegated authority. (See USY V.C.6.3.17.3 for authority delegated to Principal Investigators.)

6.2.2   Benefits and Policy Eligibility. Each appointment shall be defined as hourly or salaried and status or adjunct. The definition of appointment status determines access to benefits and policies.

6.2.3   Hourly or Salaried. Based on standards described in the Fair Labor Standards Act (FLSA), each appointment will have a designation of hourly and be eligible for overtime (non-exempt under FLSA), or salaried and ineligible for overtime (exempt under FLSA).

6.2.3.1   Compensation. Each appointment type has an applicable wage schedule, with the exception of faculty appointments which are determined by campus policies or collective bargaining agreements.

6.2.4   Appointment. Each appointment shall be designated as status or adjunct.

6.2.4.1   A status appointment is normally reserved for those with continued employment expectations which, however, shall not be construed to imply a commitment or a contractual obligation to provide employment. Status positions must be at least 75% time and are assigned a classification through the USNH classification process. Individuals with status appointments are eligible for USNH benefits consistent with Board of Trustee policy and other personnel policies, including access to grievance procedures, unless they are otherwise covered by a Collective Bargaining Agreement.

6.2.4.1.1   Benefits. Status appointments provide USNH benefits consistent with Board of Trustee policy (see USY V.A.2), or, if applicable, with a Collective Bargaining Agreement. Percent-time status appointments of at least 75% allow for participation in the benefits program according to the percentage appointment (see USY V.A).

6.2.4.2   Adjunct Appointments are temporary in nature, and/or less than 75% time, and exist primarily to allow the University System to meet emergency labor needs and offer no assurance, promise or intent of continuous employment; individuals hired in these appointments are without "policy status" and have no rights to formal grievance procedures and limited benefits as defined in Board of Trustee policy (see USY V.A.3).

6.2.4.2.1   Benefits. Adjunct appointments have limited benefits other than those required by law (see USY V.A.3). Adjunct Faculty and Staff are eligible to contribute to the Defined Contribution Retirement plans for which there are no matching contributions by USNH. See USY V.A.5.

6.2.5   Duration and Commitment. Appointments are based on a Fiscal Year, which is 12 consecutive months, beginning each year with July 1 and ending with June 30; or on an academic year of approximately nine months, with the exact dates being determined every year by each USNH institution. The specific dates of percent-time appointments are determined each fiscal year, based on the calendar for that year.

6.2.5.1   Appointment Percentage for status appointments. Each status appointment is either full-time for the fiscal year (July 1 - June 30) or at least 75% of the fiscal year. Faculty academic year appointments with a full schedule shall be considered full-time appointments (100%).

6.2.5.1.1   For hourly appointments, the appointment percentage is determined by the number of hours worked per fiscal year and based on a typical full-time appointment of 1957.5 hours for those with a 37.5 hour work-week base and 2088 for those with a 40-hour week.

6.2.5.1.2   For salaried, non-faculty appointments, the appointment percentage is determined by the number of full-time days worked each fiscal year, based on a full-time appointment of 260 days per fiscal year.

6.2.5.1.3   Dual appointments. Normally, a faculty/staff member is not appointed to more than one status position by the University System. Faculty or staff members may not be employed in both a full-time position and an additional percent-time status position.

6.2.5.1.4   Involuntary Percent-Time Reduction in Staff Appointments. In cases of involuntary, permanent percent-time reduction in PAT/OS staff appointments, adequate notice of such reduction, in writing, will be given to the staff member affected. The notice period will be at least 90 calendar days for PAT and 30 calendar days for OS when the percent-time reduction amounts to more than 10%, or when the reduction affects the employee's level of benefits contribution status, e.g., reduction from 75% to 72%.

6.2.5.2   Appointment percentage for adjunct appointments. Adjunct appointments are generally hourly, with a percentage based on the number of hours worked per fiscal year, with 2088 hours as the base. Salaried professional adjunct appointments are based on the number of full days worked during the fiscal year with 260 days as the base. Adjunct faculty appointments are based on the number of courses taught each semester.

6.2.5.3   Funding. To provide the greatest comparability of data among institutions, there are three major types of current fund expenditure functional classifications for appointments within USNH.

6.2.5.3.1   Education & General. This type includes expenditures relating to instruction, research, public service, academic support, student services, institutional support, operation and maintenance of plant, scholarships and fellowships.

6.2.5.3.2   Auxiliary Enterprises ("self-supporting"). This type includes expenditures relating to an entity that exists to furnish goods or services to students, faculty, or staff, and that charges a fee directly related to, although not necessarily equal to, the cost of the goods or services. The distinguishing characteristic of auxiliary enterprises is that they are managed as essentially self-supporting activities.

6.2.5.3.3   Independent Operations ("externally funded"). This type includes expenditures of those operations that are independent of, or unrelated to, but which may enhance the primary mission of the institution. It includes expenditures associated with major federally funded research laboratories but excludes expenditures associated with property owned and managed as investments of the institution’s endowment funds. Faculty and staff whose positions are funded from external sources may be terminated for loss of funding subject to notice provisions provided in USY V.C.9.4.

6.3   Types of Employment Relationships

6.3.1   Operating Staff (OS). Status appointments that include office staff, crafts, certain technical, service, and maintenance employees, who are paid by the hour, are considered non-exempt under the Fair Labor Standards Act, and may be established for a specific time period. They are eligible for overtime and other additional pay as defined in USY V.F.7.3. Each appointment position has been through the campus classification process and assigned a classification, based on the specific job duties of the position. Each classification has an assigned pay range.

6.3.1.1   Authority to Hire and Fire. The Board of Trustees delegates all changes in title, all acting appointments, all additional appointments, all leaves of absence, and all other appointment actions relating to Operating Staff to the Chief Executive Officer or her/his designee.

6.3.1.2   Benefits and Policy Eligibility. Status Operating Staff appointments are eligible for USNH benefits (see USY V.A.2) consistent with Board of Trustee policy and for other personnel policies, including access to grievance procedures. Percent-time status appointments allow for participation in the benefits program including Earned Time/sick pool leave (see USY V.A.11.2) and paid holiday leave according to the percentage of the appointment.

6.3.1.3   Additional Appointments. Operating Staff members may assume adjunct hourly appointments if they are outside the hours of their regular status appointments. In such cases, all hours worked will be combined for overtime purposes and a "blended" overtime rate applied. See USY V.F.7 for more specific information concerning the various circumstances surrounding the acceptance and payment of such appointments.

6.3.1.4   Duration and Commitment. The status appointment percentage is determined by the number of hours worked per fiscal year and is based on a typical full-time appointment of 1957.5 hours for those with a 37.5 hour work-week base and 2088 for those with a 40-hour week. All Operating Staff serve an introductory period through the first six months of employment, during which time they will have no recourse to grievance procedures if they are terminated for any legal reason. (see USY V.C.8).

6.3.1.4.1   Term appointment. An Operating Staff appointment may be established as a term appointment with a minimum duration of one year and normal maximum duration of three years. In very special situations requiring budgetary review and justification, it may be possible for the term appointment to extend up to a total of five years.

6.3.1.5   Transitional appointments. Under certain circumstances, Operating staff may assume transitional appointments.

6.3.1.5.1   Temporary up-grade. The appointment of a staff member to a higher classification. Such appointment normally includes an increase to the staff member’s hourly rate. If the appointment is for a period of six months or more, the higher hourly rate becomes benefits-eligible.

6.3.1.5.2   Acting Appointment. An Acting Appointment is made at the initiation of the institution and is one in which the staff member retains a significant proportion of his/her duties and responsibilities in the status position held when an acting appointment is made. Normally, such appointment is for a minimum ninety (90) days and a maximum of less than six months. The staff member retains her/his former classification and benefits privileges accorded by the status appointment held at the time the acting appointment is made. Extra compensation for the appointment is paid by additional pay (see USY V.F.7.5.3).

6.3.1.5.3   Apprentice. When a new employee or current staff member does not meet the "journey" level qualifications of a trades or crafts position classification, an appointment is indicated by an "apprentice" suffix, such as "Electrician - Apprentice". The pay range for an apprentice is established two ranges below the pay range for the journey-level classification. The Human Resources Office, in conjunction with the position's supervisor, will determine the initial pay rate within that range as well as any wage adjustments that may be given during the period of the apprenticeship. The supervisor, in conjunction with the Human Resources Office, develops an apprentice program for the staff member and includes formal guidelines for skill attainment and a prescribed course of instruction toward the attainment of experience and skills within the craft or trade. The apprenticeship program may take up to five years, and the apprentice suffix terminates when the incumbent reaches the "journey" level. When the apprentice meets the minimum acceptable qualifications for the job, he/she will be deemed to have received a promotion to the journey-level position.

6.3.1.5.4   Trainee. When a new employee or current staff member does not meet the minimum qualifications of a position classification, the appointment to a classification is indicated by a "trainee" suffix, such as "Architectural Drafting Specialist - Trainee". Such appointments are limited to classifications requiring specific educational or experience requirements. The salary range for a trainee will be established at two ranges below the salary range for the classification to be attained. The Human Resources Office, in conjunction with the position's supervisor, will determine the initial salary within that range as well as salary increases that may be given during the training period. A training plan is designed by the Human Resources Office, the hiring department, and the staff member. The plan includes target dates for completion of educational levels, experience requirements, and/or benchmark skills, as applicable. A copy of the plan is normally kept in the staff member's personnel file and periodically reviewed by the concerned parties. The traineeship program may take up to three years, and the trainee suffix terminates when the incumbent reaches the minimum job qualifications. When the trainee meets the minimum acceptable qualifications for the job, s/he will be deemed to have received a promotion to the position classification. Trainees will be subject to an introductory period for the full duration of the traineeship and the following six months; during this time they will have no recourse to grievance procedures if they are terminated for any legal reason. (See USY V.C.8.1).

6.3.2   Adjunct hourly appointments. These appointments are paid by the hour and considered non-exempt under the Fair Labor Standards Act. They are eligible for additional pay such as overtime, stand-by pay, shift, and call-back pay as defined in USY V.F.7.3. There are three types of adjunct hourly staff:

  • Casual. A casual appointment is made for a single event or short-term employment, not to exceed 200 hours per fiscal year.
  • Part-Time. A part-time appointment is made when the commitment is expected to be more than 200 hours, but less than 1500 hours for the fiscal year.
  • Temporary. A temporary appointment is made when the commitment is expected to be 75% (1500 hours) or more of the fiscal year.

6.3.2.1   Authority to Hire and Fire. The Board of Trustees delegates all adjunct appointments and appointment actions to the Chief Executive Officer or her/his designee.

6.3.2.2   Benefits and Policy Eligibility. Adjunct appointments have limited benefits other than those required by law (see USY V.A.3). Appointments of 20 hours per week or more are eligible to contribute to a retirement fund and to an individual medical plan for which there are no matching contributions by USNH.

6.3.2.3   Duration and Commitment. Adjunct appointments are appointed on an as-needed basis with the percentage calculated on the number of hours scheduled to work against a 2088 hour standard work year. They offer no assurance, promise, or intent of continuous employment.

6.3.2.3.1   Casual appointments may be reappointed each fiscal year without limit as long as no year exceeds 200 hours.

6.3.2.3.2   Part-time appointments can be renewed with no limit at the discretion of the hiring department.

6.3.2.3.3   Temporary appointments must be made for at least one fiscal year and must be at least 75% time (1500 hours) and for no more than three fiscal years. At the end of the three years, the appointment ends, the appointment changes to part-time, or the appointment changes from adjunct to status.

6.3.2.3.3.1   Exception. Working in conjunction with Human Resources, the CEO or her/his designee may extend a full-time temporary appointment for up to a maximum total appointment of five years.

6.3.3   Student appointments. These appointments are adjunct in nature, paid by the hour, and considered non-exempt under the Fair Labor Standards Act. They are eligible for additional pay such as overtime and stand-by pay as defined in USY V.F.7.3. For all other purposes, persons having such appointments will be considered students.

6.3.3.1   Authority to Hire and Fire. The Board of Trustees delegates all adjunct appointments and appointment actions to the Chief Executive Officer or her/his designee. All College Work Study appointments must be approved by the institution's financial aid department.

6.3.3.2   Benefits and Policy Eligibility. Adjunct student appointments have limited benefits other than those required by law (see USY V.A.3).

6.3.3.3   Duration and Commitment. Adjunct student appointments are appointed on an as-needed basis, with hours accommodating the student's academic class schedule.

6.3.3.4   Types of Student Appointments.

6.3.3.4.1   Student Hourly. Student employees whose compensation is charged to the direct labor budget of the department for which they work.

6.3.3.4.2   College Work-Study. Student employees whose compensation comes partially from federal funding sources administered by the institution's financial aid department and partially from the employing department's direct labor budget.

6.3.4   Graduate Student Appointments. These are adjunct appointments made to a post-baccalaureate student admitted to the Graduate School.

6.3.4.1   Authority to Hire and Fire. The Board of Trustees delegates all adjunct appointments and appointment actions to the Chief Executive Officer or her/his designee. Graduate appointments require the recommendation of the appropriate department and approval of the appointment by the Graduate School.

6.3.4.2   Benefits and Policy Eligibility. Adjunct appointments have limited benefits other than those required by law (see USY V.A.3).

6.3.4.3   Duration and Commitment. Graduate appointments are established with specific appointment dates. Each type of graduate student appointment has limitations on the length of appointment.

6.3.4.4   Types of Graduate Appointments.

6.3.4.4.1   Graduate Assistant. Appointment is made for one academic year, but may be renewable. Service is instructional or administrative as specified by the appointing department, is not more than 20 hours per week, and is supported by institutional funds.

6.3.4.4.2   Graduate Associate. Appointment made to a doctorial candidate to teach one or two courses per semester. The appointment is made for one academic year and may be renewable and is supported by institutional funds.

6.3.4.4.3   Graduate Part-Time Lecturer. Appointment made to a Master's, Certification of Advanced Graduate Studies - CAGS, or pre-candidacy doctoral student to teach one or two courses per semester. The appointment is made for one academic year, may be renewable, and is supported by institutional funds.

6.3.4.4.4   Graduate Interns/Trainee. Appointment made to a graduate student assigned to a specific subject area to acquire additional learning experiences. The appointment is made for one academic year, may be renewable, and is normally supported by external funds.

6.3.4.4.5   Graduate Fellow. Appointment made to a graduate student who has been awarded a fellowship, either directly or through the institution. The appointment is normally made for one academic year, but may be renewable in accordance with the terms of the fellowship.

6.3.4.4.6   Graduate Research Assistant. Appointment made to a graduate student to conduct research on grants supported by the Agricultural Experiment Station, or external grants and contracts. The appointment is normally made for one year, but may be renewable in accordance with the terms of the grant/contract.

6.3.4.4.7   Graduate Research Associate. Appointment made to a doctoral candidate to conduct research on grants supported by the Agricultural Experiment Station, or external grants and contracts. The appointment is normally made for one year, but may be renewable in accordance with the terms of the grant/contract.

6.3.4.4.8   Graduate Hourly Appointment. An hourly appointment made to a graduate student in support of the instructional, administrative, or research activities of the institution. Such an appointment has less responsibility than those in other graduate appointment categories.

6.3.4.4.9   Graduate Supplemental Appointment. An additional hourly or salaried appointment to a graduate student in one of the above appointments (except hourly) for up to an average of 10 hours per week during academic semesters and 20 hours per week when classes are not in session. F-1 and J-1 visa students are not eligible for such appointments.

6.3.5   Professional, Administrative, and Technical staff (PAT). PATs are status appointments to administrative positions such as directors, managers, and supervisors; professional positions, such as accountants, artists and engineers; and upper level technical staff such as information technologists and research technicians. These are salaried appointments, exempt under the Fair Labor Standards Act, and may be established for a specific time period. Each appointment position has been through the USNH classification process and assigned a specific classification based on the job duties of the position. Each classification has an assigned pay range.

6.3.5.1   Authority to Hire and Fire. The Board of Trustees delegates all initial appointments, all changes in title, all acting or interim appointments, all leaves of absence, and all other appointment actions relating to PATs to the Chief Executive Officer or her/his designee.

6.3.5.1.1   Exceptions.

6.3.5.1.1.1   Any administrative appointment that includes the granting of tenure to a faculty position requires Board of Trustee approval.

6.3.5.1.1.2   Any title which includes "Director" requires University System Classification Committee approval.

6.3.5.2   Benefits and Policy Eligibility. Status PAT appointments are eligible for USNH benefits (see USY V.A.2) consistent with Board of Trustee policy and for other personnel policies, including access to grievance procedures. Percent-time status appointments allow for participation in the benefits program according to the percentage appointment and appointments less than 100% have vacation/sick leave and paid holiday leave on the basis of days worked (see USY V.A.12 & 13).

6.3.5.3   Additional Appointments. PAT Staff members may assume adjunct appointments if they are outside the appointment dates of their regular status appointments. See USY V.F.7 for more specific information concerning the various circumstances surrounding the acceptance and payment of such appointments.

6.3.5.4   Duration and Commitment. The status appointment percentage is determined by the number of days of the appointment per fiscal year and based on a typical full-time appointment of 260 days. All PATs serve an introductory period through their first six months of employment, during which time they will have no recourse to grievance procedures if they are terminated for any legal reason. (See USY V.C.8.1).

6.3.5.4.1   Term appointment. A PAT appointment may be established as a term appointment with a minimum duration of one year and normal maximum duration of three years. In very special situations requiring budgetary review and justification it may be possible for the term appointment to extend up to a total of five years.

6.3.5.5   Transitional appointments. The following are transitional appointments applicable to PAT Staff.

6.3.5.5.1   Temporary up-grade. The appointment of a staff member to a higher classification. Such appointment normally includes an increase to the staff member's salary rate. If the appointment is for a period of six months or more, the higher salary becomes benefits-eligible.

6.3.5.5.2   Acting Appointment. An Acting Appointment is made at the initiation of the institution and is one in which a staff member retains a significant proportion of her/his duties and responsibilities in the status position held when an acting appointment is made. Normally, such appointment is for a minimum of ninety (90) days and a maximum of less than six months. The staff member retains her/his former classification and benefits privileges accorded by the status appointment held at the time the acting appointment is made. Extra compensation for the appointment is paid by additional pay (see USY V.F.7.5.3).

6.3.5.5.3   Trainee. When a new employee or current staff member does not meet the minimum qualifications of a position classification, the appointment to such a classification is indicated by a suffix, such as "Academic Counselor - Trainee". Such appointments are limited to classifications requiring specific educational or experience requirements. The salary range for a trainee will be established at two ranges below the salary range for the classification to be attained. The Human Resources Office, in conjunction with the position's supervisor, will determine the initial salary within that range as well as salary increases that may be given during the trainee period. A training plan is designed by the Human Resources Office, the hiring department, and the staff member. The plan includes target dates for completion of educational levels, experience requirements, and/or benchmark skills, as applicable. A copy of the plan is normally kept in the staff member’s personnel file and periodically reviewed by the concerned parties. The traineeship program may take up to three years, and the trainee suffix terminates when the incumbent reaches the minimum job qualifications. When the trainee meets the minimum acceptable qualifications for the job, s/he will be deemed to have received a promotion to the position classification. Trainees will be subject to an introductory period for the full duration of the traineeship and the following six months; during this time they will have no recourse to grievance procedures if they are terminated for any legal reason. (See USY V.C.8.1).

6.3.5.5.4   Interim Appointment. An Interim Appointment is a suffix used for a position when there is a temporary appointment of a staff member to a position for six (6) months or more and made at the initiation of the campus. The staff member does not retain a significant proportion of her/his duties and responsibilities in the status position s/he held when the interim appointment was made. An interim appointment of six (6) months or more may also be utilized when there is a temporary staffing need. In such cases, the person appointed is not a current USNH employee at time of assuming the duties of the interim appointment. The benefits calculation base is the annualized salary rate of the interim appointment for the duration of that appointment. In the case of appointing a current staff member, eligibility for all other benefits is derived from the staff member's original position.

6.3.6   Adjunct Professional appointments. These are salaried, adjunct appointments that are exempt under the Fair Labor Standards Act. There are three types of adjunct salaried staff:

  • Casual. A casual appointment is made for a single event or short-term employment, not to exceed 25 full-time days per fiscal year.
  • Part-Time. A part-time appointment is made when the commitment is expected to be more than 25 full-time days, but less than 195 full-time days for the fiscal year.
  • Temporary. A temporary appointment is made when the commitment is expected to be 75% (195 full-time days) or more of the fiscal year.

6.3.6.1   Authority to Hire and Fire. The Board of Trustees delegates all adjunct appointments and appointment actions to the Chief Executive Officer or her/his designee.

6.3.6.2   Benefits and Policy Eligibility. Adjunct appointments have limited benefits other than those required by law (see USY V.A.3). Appointments of 50% (2.5 full days per week) or more are eligible to contribute to a retirement fund and to an individual medical plan for which there are no matching contributions by USNH.

6.3.6.3   Duration and Commitment. Adjunct appointments are appointed on an as-needed basis with the percentage calculated on the number of days scheduled to work against a 260-day work year. Such appointments offer no assurance, promise or intent of continuous employment.

6.3.6.3.1   Casual appointment may be reappointed each fiscal year without limit as long as no year exceeds 25 full-time days.

6.3.6.3.2   Part-Time appointments can be renewed with no limit at the discretion of the hiring department.

6.3.6.3.3   Temporary appointments must be made for at least one fiscal year and must be at least 75% time (195 full-time days) and for no more than three fiscal years. At the end of three years, the appointment ends, the appointment changes to part-time, or the appointment changes from adjunct to status.

6.3.6.3.3.1   Exception. Working in conjunction with Human Resources, the CEO or her/his designee may extend a full-time temporary appointment for up to a maximum total appointment of five years.

6.3.7   Principal Administrator (PA). The Principal Administrators are status appointments to key administrative positions, such as the Chancellor, presidents, deans, vice presidents, University System officers, and certain other senior administrators. These are salaried appointments and exempt under the Fair Labor Standards Act.

6.3.7.1   Authority to Hire and Fire. Appointment to this occupational type is made solely by the Board of Trustees or the Executive Committee of the Board of Trustees. Board of Trustee review and approval is required for all aspects of Principal Administrator appointments, including changes in title, acting and interim appointments, and all leaves of absence. The Executive Committee acts on behalf of the Board of Trustees regarding all changes in compensation and status of current principal administrator appointments and no such appointment can be effective until favorable action is taken by the Board of Trustees.

6.3.7.2   Benefits and Policy Eligibility. PA appointments provide USNH benefits consistent with Board of Trustee policy (see USY V.A.2 and other personnel policies). Percent-time status appointments allow for participation in the benefits program according to the percentage appointment and have vacation/sick leave and paid holiday leave on the basis of days worked (see USY V.A.12 & 13).

6.3.7.3   Duration and Commitment. Principal Administrators are appointed with the expectation of continuing employment but may be terminated by approval of the Executive Committee of the Board of Trustees for any reason that is not based upon illegal discrimination.

6.3.8   Academic Administrators (AA). Status appointments to individuals with either primary or secondary responsibility for the administration of the activities of a major academic unit (school/college) or program of the University System. Many, but not all Academic Administrator appointments include a faculty appointment within a particular department or discipline. These are salaried appointments and exempt under the Fair Labor Standards Act. Academic Administrators are appointed on a fiscal year basis and are considered PAT for purposes of salary policy.

6.3.8.1   Authority to Hire and Fire. The Board of Trustees delegates Academic Administrator appointments and appointment actions to the Chief Executive Officer or her/his designee.

6.3.8.1.1   Exception. Any Academic Administrator appointment which includes the granting of tenure to a faculty position requires Board of Trustee approval.

6.3.8.2   Benefits and Policy Eligibility. AA appointments are eligible for USNH benefits (see USY V.A) consistent with Board of Trustee policy and for other personnel policies, including access to grievance procedures. Percent-time status appointments allow for participation in the benefits program according to the percentage appointment and have vacation/sick leave and paid holiday leave on the basis of days worked (see USY V.A.3).

6.3.8.3   Duration and Commitment. Academic Administrators are PATs for purposes of salary policy and are appointed on a fiscal-year employment basis. All Academic Administrators serve an introductory period through their first six months of employment, during which time they will have no recourse to grievance procedures if they are terminated for any legal reason. (See USY V.C.8.1).

6.3.9   Extension Educators (EE). Extension Educators are the status, professional staff of the University of New Hampshire Cooperative Extension. Extension Educator staff are located at the University and in each of the ten counties in New Hampshire. These are salaried appointments and exempt under the Fair Labor Standards Act. Their primary responsibility is the assessment, development, and implementation of continuing non-formal educational programs for the people of New Hampshire. They hold appointments in one of a series of Extension Educator or Extension Faculty ranks.

6.3.9.1   Authority to Hire and Fire. The Board of Trustees delegates Extension Educator appointments and appointment actions to the Chief Executive Officer or her/his delegated authority.

6.3.9.1.1   Exception. Any Extension appointment which includes the granting of tenure to a faculty position requires Board of Trustee approval.

6.3.9.2   Benefits and Policy Eligibility. Status Extension Educator appointments are eligible for USNH benefits (see USY V.A.2) consistent with Board of Trustee policy and for other personnel policies, including access to grievance procedures. Percent-time status appointments allow for participation in the benefits program according to the percentage appointment and have vacation/sick leave and paid holiday leave on the basis of days worked (see USY V.A.12 & 13).

6.3.9.3   Duration and Commitment. The status appointment percentage is determined by the number of days of the appointment per fiscal year and based on a typical full-time appointment of 260 days. All Extension Educators serve an introductory period through their first full year of employment, during which time they will have no recourse to grievance procedures if they are terminated for any legal reason. (See USY V.C.8.1).

6.3.9.4   Extension Educator Ranks. The Extension Educator rank system is designed for all professional staff members whose primary role is that of educator. Excluded from this ranking system are those Cooperative Extension specialists who hold academic appointment (Faculty rank) in academic departments. The ranks are as follows:

6.3.9.4.1   Extension Instructor. (Entry Level) The minimum educational requirements for initial appointment are Master's degree with no experience or Bachelor's degree in appropriate subject matter area with at least three years of relevant experience. The minimum time in rank when hired with a Master's degree is two years. When hired with only a Bachelor's degree, continued employment is contingent on obtaining a Master's degree within seven years of hire. The employee will have probationary status as an Extension Educator until the Master's degree is earned. Promotion to Assistant Extension Educator does not require the formal promotion process and occurs when the educator has obtained the Master's degree and two years of relevant experience.

6.3.9.4.2   Assistant Extension Educator. Shall have completed an advanced degree (at least Master's) with two years of relevant or Extension experience. Requires proven competence in subject matter areas, with evidence of ability to apply the process of determining client needs, to establish program priorities, to design/implement Extension educational programs, and to improve professional competence. The minimum time in rank for promotional purposes is five years.

6.3.9.4.3   Associate Extension Educator. Shall have completed an advanced degree (at least Master's) with seven years of relevant or Extension experience. Requires a proven high level of competence in subject matter areas, with evidence of a high level of ability to apply the process of determining client needs and establishing program priorities. Must also show evidence of creative performance in the design/implementation of Extension educational programs with state/regional recognition as an Extension Educator. The minimum time in rank for promotional purposes is six years.

6.3.9.4.4   Extension Educator. Shall have completed an advanced degree (at least Master's) with thirteen years of relevant Extension experience. Requires proven recognized outstanding leadership in appropriate subject matter areas, with evidence of outstanding ability to apply the process of determining client needs and establishing program priorities. Must also show evidence of a consistently high level of ability and competence in all phases of designing and implementing Extension educational programs with state, regional, and national recognition as an extension educator.

6.3.9.4.5   Extension Specialist. An Extension appointment which requires extensive training and expertise in a subject area but has no academic affiliation.

6.3.9.4.6   County Coordinator. There are four levels of Extension Educator rank classifications to identify those individuals who are county Extension Educators, are located in each of the ten counties, and have administrative responsibilities. Such individuals have the suffix "County Coordinator" after their Extension Educator rank, and are assigned a salary range higher than that of regular Extension Educator rank to compensate for their additional duties. Example: Associate Extension Educator/County Coordinator.

6.3.9.5   Extension Faculty Ranks. Extension faculty have specialized training and experience in an academic discipline and provide disciplinary expertise and educational curriculum for Cooperative Extension outreach programs, and they have proficiency in program development and evaluation, group process and facilitation and leadership development. A Master’s degree and extensive training and experience are minimum requirements for Extension Faculty. A Doctorate is preferred. Individuals are eligible for appointments in the Extension faculty track when their appointments are within an academic department/program. They are not eligible for sabbatical leave or tenure, but do follow the Extension Educator ranking system promotion guidelines, overseen by the Extension Educator Promotion Committee.

6.3.9.5.1   Extension Instructor and Extension Specialist. (Entry Level) The minimum time in rank when hired with a Master’s degree is two years. Promotion to Assistant Extension Professor does not require the formal promotion process and occurs when the individual has obtained two years of relevant experience.

6.3.9.5.2   Extension Assistant Professor and Extension Specialist. Shall have completed an advanced degree (at least Master's) with two years of relevant or Extension experience. Requires proven competence in subject matter areas, with evidence of ability to determine client needs, to establish program priorities, to design/implement Extension educational programs, and to improve professional competence.

6.3.9.5.3   Extension Associate Professor and Extension Specialist. Shall have completed an advanced degree (at least Master's) with several years in teaching/Extension work. Requires a proven high level of competence in subject matter areas, with evidence of a high level of ability to determine client needs and to establish program priorities. Must also show evidence of creative performance in the design/implementation of Extension educational programs with state/regional recognition as an Extension Educator.

6.3.9.5.4   Extension Professor and Extension Specialist. Shall have completed an advanced degree (earned doctorate) with many years of teaching/extension or related work. Requires proven recognized outstanding leadership in appropriate subject matter areas, with evidence of outstanding ability to determine client needs and to establish program priorities. Must also show evidence of a consistently high level of ability and competence in all phases of designing and implementing Extension educational programs with state, regional and national recognition as an extension educator.

6.3.9.6   Transitional appointments. The following are transitional appointments applicable to Extension Educators.

6.3.9.6.1   Temporary up-grade. The appointment of a staff member to a higher classification. Such appointment normally includes an increase to the staff member's salary rate. If the appointment is for a period of six months or more, the higher salary becomes benefits-eligible.

6.3.9.6.2   Acting Appointment. Acting Appointment is made at the initiation of the institution and is one in which the Extension Educator retains a significant proportion of his or her duties and responsibilities in the status position held when an acting appointment is made. Normally, such appointment is for a minimum ninety (90) days and a maximum of less than six months. The Extension Educator retains her/his former classification and benefits privileges accorded by the status appointment held at the time the acting appointment is made. Extra compensation for the appointment is paid by additional pay (see USY V.F.7.5.3).

6.3.10   Adjunct Extension Educator appointments. These are salaried, adjunct professional Extension appointments which are exempt under the Fair Labor Standards Act.

6.3.10.1   Authority to Hire and Fire. The Board of Trustees delegates all adjunct appointments and appointment actions to the Chief Executive Officer or her/his designee.

6.3.10.2   Benefits and Policy Eligibility. Adjunct appointments have limited benefits other than those required by law (see USY V.A.3). Appointments of 50% (2.5 full days per week) or more are eligible to contribute to a retirement fund and to an individual medical plan for which are no matching contributions by USNH.

6.3.10.3   Duration and Commitment. Adjunct appointments are appointed on an as-needed basis with the percentage calculated on the number of days scheduled to work against 260-day work year.

6.3.10.3.1   Extension Lecturer. The employment category of Extension Lecturer is an appointment of temporary, adjunct nature to cover persons employed for a period of less than one year.

6.3.11   Academic Faculty (full-Time), Including Librarians. Status faculty who have demonstrated scholarly and professional competence in a recognized academic discipline or service and who are engaged in teaching and/or research pertaining to teaching are considered academic faculty. These are salaried appointments and exempt from the Fair Labor Standards Act.

6.3.11.1   Authority to Hire and Fire. All faculty appointments are made by the Board of Trustees or its delegated authority. Board of Trustee review and approval is required for initial faculty appointments that include tenure and actions granting faculty tenure and promotions above the rank of Assistant Professor, and no such appointment can be effective until favorable action is taken by the Board of Trustees. Faculty appointments which include tenure and rank of professor are recommended to the Board by the appropriate governing body of each campus for persons whose service is primarily to the college, school or academic division to which they are appointed.

6.3.11.1.1   Delegated Authority. The Board of Trustees delegates to the Chief Executive Officer or her/his designee all faculty appointments when the appointment does not include the initial granting of tenure and all title changes, leaves of absence, and appointment actions for faculty; and the appointment of departmental chairpersons or the equivalent.

6.3.11.2   Benefits and Policy Eligibility Status appointments are eligible for USNH benefits (see USY V.A.2) consistent with Board of Trustee policy and for other personnel policies, including access to grievance procedures, unless they are otherwise covered by a Collective Bargaining Agreement.

6.3.11.3   Duration and Commitment. Each status academic faculty appointment is either for the academic year (as defined by each institution) or the fiscal year. Faculty academic year appointments with a full schedule shall be considered full-time appointments (100%). Fiscal year appointments can be full-time for the fiscal year (July 1 – June 30) or a percentage of the fiscal year. It is understood that persons holding an academic year appointment as full-time faculty members hold professional annual appointments which may include responsibilities or requests for professional contributions outside of the "active" dates of appointment. Prior to attaining tenure, status academic faculty appointments have one-year appointment terms which may be renewed. Campus policy, faculty handbooks and/or collective bargaining contracts may specify conditions, reviews and maximum time frame for reappointment without tenure (see USY V.C.6.3.11.5). However, it is expected that non-renewal may occur for any reason that is not based upon illegal discrimination. Notice periods for non-renewal shall be defined in institutional policy, faculty handbooks and/or collective bargaining contracts.

6.3.11.4   Academic Faculty Rank. An individual with an appointment as Instructor, Assistant Professor, Associate Professor, or Professor is recognized as holding academic rank in a particular college, school or academic division of an institution of the University System. An individual who is not a member of the faculty but who is appointed to an administrative position may be accorded academic rank by the campus President, upon recommendation and/or concurrence of the appropriate campus academic officers/departments. A tenured member of the Faculty appointed to an administrative position will normally maintain his/her previous academic rank and tenure. Specific requirements for awarding of rank are included in collective bargaining contracts or Faculty handbooks as appropriate. Appointments to academic rank are made within the following guidelines:

6.3.11.4.1   Instructor: The initial academic rank for "tenure track" and shall be reserved for persons who have made substantial progress toward completion of formal advanced study appropriate to the area of expertise (discipline/field of study) or level of the program of instruction.

6.3.11.4.2   Assistant Professor: Shall have completed a terminal degree appropriate to his/her field and shall have had successful teaching or other relevant experience.

6.3.11.4.3   Associate Professor: Shall have attained a terminal degree, have had several years of successful teaching or other relevant experience, and shall have shown evidence of professional development and scholarly interest.

6.3.11.4.4   Professor: Shall have a background of successful teaching and research, marked by the perspective of maturity and experience, and some outstanding creative attribute recognizable in the academic world as a special asset to an institution of higher education.

6.3.11.5   Faculty Tenure. This appointment is reserved for those full-time academic ranked faculty who will be subject to the institutions' policy, guidelines and where applicable, collective bargaining agreements, regarding tenure. Subject to the exception set forth in USY V.C.6.3.11.5.1 below, such appointments are made only to positions funded entirely by Education and General (E&G) funds, a designated endowment, or some combination of those two.

6.3.11.5.1   Exception. An institution may appoint faculty to tenure track positions partially funded from sources other than E&G funds or a designated endowment only under the following conditions:

  • The institution has a policy enabling such appointments.
  • The institution's enabling policy establishes a prudent limitation on the proportion of funding for any such position which may come from sources other than E&G funds or a designated endowment.
  • The institution's enabling policy clearly states that the reduction or loss of funding from sources other than E&G funds or a designated endowment may occur: (i) at any time; and (ii) without prior notice to the faculty member.
  • The institution's enabling policy clearly states that the reduction or loss of funding from sources other than E&G funds or a designated endowment may not be the basis of a a faculty member's grievance through any internal process, except to the extent such loss or reduction is alleged to be the result of illegal discrimination.
  • The institution's enabling policy clearly states that in the event of the reduction or loss of funding from sources other than E&G funds or a designated endowment, the institution may, at its sole discretion, reduce the percent time attribute of the position by an amount sufficient to account for the reduction or loss of funding.
  • The institution's appointment letter to the faculty member clearly states the amount of salary that is subject to reduction or elimination even while the faculty member may continue to hold the tenure track appointment.
  • The institution's appointment letter to the faculty member clearly states that the institution is under no obligation to replace reduced or lost funding from sources other than E&G funds or a designated endowment.

6.3.11.6   Faculty Fellow. A faculty member may be temporarily appointed as a Faculty Fellow to an administrative office or assigned special tasks on behalf of the institution. Such an individual retains her/his status and benefits as a faculty member. Alternatively, s/he may receive additional compensation and/or release time for such responsibilities (See USY V.F.7.4.2.1).

6.3.12   Research Faculty. Research Faculty are those status faculty who have research as their principal assignment. These are salaried appointments and exempt under the Fair Labor Standards Act. They are not normally eligible for sabbatical leave or tenure. (See USY V.C.6.3.11.5).

6.3.12.1   Authority to Hire and Fire. All research faculty appointments are made by the Chief Executive Officer or her/his delegated authority.

6.3.12.2   Benefits and Policy Eligibility. Status appointments are eligible for USNH benefits (see USY V.A.2) consistent with Board of Trustee policy and for other personnel policies, including access to grievance procedures, unless they are otherwise covered by a Collective Bargaining Agreement. Percent-time status appointments allow for participation in the benefits program according to the appointment percentage.

6.3.12.3   Duration and Commitment. Research Faculty appointments are subject to the duration and conditions of a research project.

6.3.12.4   Research Faculty Rank. Faculty rank is applicable to research faculty.

6.3.12.4.1   Research Assistant Professor shall have completed formal advanced study appropriate to his/her field and shall have demonstrated success in carrying out externally funded research.

6.3.12.4.2   Research Associate Professor shall have completed formal advanced study, had several years of successful research experience, and have shown clear evidence of his/her ability to conceive and perform independent research and to obtain external funding for his/her research.

6.3.12.4.3   Research Professor shall have a background of successful research, marked by maturity and experience, that has earned him/her a national and/or international reputation in the field.

6.3.13   Clinical Faculty. Clinical faculty are status faculty who have specialized training and experience in a professional field. These are salaried appointments and exempt from the Fair Labor Standards Act. It is expected that clinical faculty have expertise in three areas in a clinical or practice setting: direct services to clients, supervision, and teaching. They assist students to acquire the skills needed in a professional environment. They are not eligible for sabbatical leave or tenure.

6.3.13.1   Authority to Hire and Fire. The Board of Trustees delegates Clinical Faculty appointments and appointment actions to the Chief Executive Officer or her/his designee.

6.3.13.2   Benefits and Policy Eligibility. Status appointments are eligible for USNH benefits (see USY V.A.2), consistent with Board of Trustee policy, and for other personnel policies, including access to grievance procedures.

6.3.13.3   Duration and Commitment. Clinical faculty appointments are made for a one to five year term and are renewable.

6.3.13.4   Clinical Faculty Rank. Faculty rank is applicable to clinical faculty.

6.3.13.4.1   Clinical Instructor. This rank is for a faculty member who holds current licensure/certification as appropriate to the field.

6.3.13.4.2   Clinical Assistant Professor. The initial rank for a faculty member who has successful teaching or other relevant experience, holds current licensure/certification as appropriate to the field, and has significant professional experience post Master's degree in the appropriate field.

6.3.13.4.3   Clinical Associate Professor. This rank requires several years of successful teaching or other relevant experience, shown evidence of professional leadership and scholarly activity, and holds current licensure/certification as appropriate to the field.

6.3.13.4.4   Clinical Professor. This rank requires a background of successful teaching, marked by the perspective of maturity and experience, an outstanding creative attribute recognizable in the professional and academic world as a special asset to the University, and holds current licensure/certification as appropriate to the field.

6.3.14   Part-time Status Faculty with Academic Rank. Part-time faculty hired into non-tenure track appointments for an academic year. These are salaried appointments and exempt from the Fair Labor Standards Act. Such faculty are not eligible for tenure or sabbatical leaves.

6.3.14.1   Authority to Hire and Fire. The Board of Trustees delegates Part-time Status Faculty appointments and appointment actions to the Chief Executive Officer or her/his designee.

6.3.14.2   Benefits and Policy Eligibility. Status appointments are eligible for USNH benefits (see USY V.A.2) consistent with Board of Trustee policy and for other personnel policies, including access to grievance procedures.

6.3.14.3   Duration and Commitment. Part-time status faculty appointments are made for a specific academic year and are renewable, as applicable by campus policies.

6.3.14.4   Faculty Rank. Institutional policy will determine the appropriate faculty rank for part-time status faculty.

6.3.15   Status Faculty Without Academic Rank. Faculty hired into non-tenure track appointments for a specific period of time. These are salaried appointments and exempt from the Fair Labor Standards Act. Such faculty are not eligible for tenure or sabbatical leaves.

6.3.15.1   Authority to Hire and Fire. The Board of Trustees delegates Status Faculty without Academic Rank appointments and appointment actions to the Chief Executive Officer or her/his designee.

6.3.15.2   Benefits and Policy Eligibility. Status appointments are eligible for USNH benefits (see USY V.A.2) consistent with Board of Trustee policy and for personnel policies, including access to grievance procedures.

6.3.15.3   Duration and Commitment. Status faculty appointments are made for a specific period of time and are renewable, as applicable by campus policies.

6.3.15.3.1   Contract lecturers are hired for at least one academic year. The appointment period may be indefinite unless otherwise restricted by campus policy or collective bargaining agreements.

6.3.15.3.2   A Senior Contract Lecturer is an experienced lecturer hired for at least one academic year. The appointment period may be indefinite unless otherwise restricted by campus policy or collective bargaining agreements.

6.3.15.3.3   Resident Artists are faculty providing practical instruction in the performing and visual arts, when the interest of the faculty member or the demand for such faculty requires less than a permanent position. The appointment period may be indefinite unless otherwise restricted by campus policy or collective bargaining agreements.

6.3.16   Adjunct Faculty, including adjunct librarians. These are salaried adjunct appointments and exempt from the Fair Labor Standards Act. These faculty are engaged in teaching and/or research pertaining thereto.

6.3.16.1   Authority to Hire and Fire. The Board of Trustees delegates all non-status appointments and appointment actions to the Chief Executive Officer or her/his designee.

6.3.16.2   Benefits and Policy Eligibility. Adjunct appointments have limited benefits other than those required by law (see USY V.A.3). Appointments of 50% (2.5 full days per week) or more are eligible to contribute to a retirement fund and to an individual medical plan.

6.3.16.3   Duration and Commitment. Adjunct appointments are appointed on an as-needed basis with the percentage calculated on the number of courses they teach each semester.

6.3.17   Special Employment Situations

6.3.17.1   Contract Appointments. The Chief Executive Officer of the institution or her/his designee shall have the authority to extend an employment contract to employees listed below to cover up to five years of employment. These contract appointments differ from normal appointments in that a set term of employment may be specified, subject to USNH policy on reduction-in-force and other policies not related to the evaluation of job performance. Contract appointments for Directors of Athletics and Athletic Coaches are subject also to compliance with NCAA regulations. Those eligible for such appointments are:

  • Directors of Athletics
  • Athletic Coach I
  • Athletic Coach II
  • Athletic Coach III
  • Any PAT classified coach designated as "Head Coach"
  • Advancement employees at the executive level or whose performance goals are in large part objective measures.

6.3.17.1.1   It is expected that such contracts may include either (1) a salary commitment of only one year at a time, subject to the annual salary increase guidelines; or (2) a specified salary commitment for each year of the contract.

6.3.17.1.2   Compensation commitments will be based on the salary range for the position classification. Contract language may also make one-time bonus incentives conditional on specified performance standards. Contract language may include supplemental income in lieu of perquisites such as employer paid cars, or golf club memberships. For Directors of Athletics and Athletics Coaches contracts may include options for income based on additional services such as summer camps or television and radio appearances.

6.3.17.1.3   Unless authorized by the process noted below, contract language may not include:

  • Deferred compensation
  • Salary increases which would result in a direct annual salary in excess of the 10% of the classified pay range
  • Total salary level (supplemental salary and direct salary, but not including the value of employee benefits) in excess of the 75 percentile of an agreed upon comparison group by institution and by sport; and/or in excess of 75% of the institutional CEO salary
  • Outside income paid by booster or foundation groups
  • Automobiles, housing allowance, or other in-kind forms of compensation

6.3.17.1.4   It is anticipated that institutional strategic considerations may sometimes require compensation terms in excess of the delegated authority of the President. In such cases the Administrative Board may authorize the exception after consultation with the institutional and USNH human resources offices. Such request shall be accompanied by a rationale for the proposal including comparative compensation data and the basis for continuing compliance with legal requirements including Title IX, Title VII, and the Equal Pay Act.

6.3.17.2   Employees not covered by the Fair Labor Standards Act (FLSA). Some employees, such as those teaching, working summer camp jobs, or serving as student interns or residence hall assistants, are exempt from the FLSA and may be paid stipends for their work.

6.3.17.2.1   Interns are USNH students who assume responsibility for a portion of a staff member's duties for a full year or a semester as a school-based experience.

6.3.17.3   Principal Investigator Hiring Actions. There is delegated hiring authority for Principal Investigator Actions (applies only to independent operations/externally funded projects and appointments). The following type of appointment actions may be made by a Principal Investigator if conditions are as stated below (also see USY V.C.3.5.4):

6.3.17.3.1   When a grant or contract is being transferred from another institution, the principal investigator may bring along those staff members who have been, and will continue to be, integral members of the research activity. Such individuals are advised that continued employment at the University is contingent upon continued external funding; and additional staff members must be recruited through regular procedures;

6.3.17.3.2   When an individual(s) (generally not more than two) is specifically named in a proposal by the principal investigator and funding calls for or is contingent upon having a qualified individual(s) named who is essential to the successful completion of the project, then normal recruitment procedures to fill that position(s) will not be necessary;

6.3.17.3.3   When an individual not currently employed by the University has written a proposal and gained endorsement from a faculty member/administrator at the University to be the Co-Principal Investigator so named in the proposal, that individual may be named as Co-Principal Investigator without recruitment.

6.3.17.3.4   In all cases, the following points remain in effect:

  • The position occupied by staff members who transfer from other institutions or who are hired under the above listed circumstances will be classified and paid in accordance with normal University policies;
  • It is understood that there is no guarantee of continued employment for employees hired and supported by externally funded grants or contracts beyond the termination of the original external support or the extension of that same fund source;
  • All current policies, procedures, and benefits of the University System apply to grant-funded personnel, including classification, wage and salary policies; and
  • An employee originally hired and supported by an externally funded grant or contract will be subject to all the usual affirmative action/equal employment recruitment guidelines when applying for a (regular) University-supported position.

6.3.17.4   Retirement Transition. This policy describes an appointment for a faculty/staff member to transition to retirement status.

6.3.17.4.1   Eligibility. A faculty/staff member who has attained at least age 59½ and has ten or more years of status service within USNH may apply for a retirement transition.

6.3.17.4.2   Approval. Unless otherwise defined by campus policy, institutional approval shall mean approval of the faculty/staff member's written retirement transition plan by the appropriate departmental dean/director and Vice-President (or equivalent) for the area.

6.3.17.4.3   Conditions. The reduced appointment may normally be between 80-50%, but not less than 50%, and may be selected for a period of up to three years. The faculty/staff member remains subject to USNH policies, including performance requirements and reduction in force policies. Campus policies may also apply.

6.3.17.4.3.1   Benefits. Status benefits continue at the employee rate for the duration of the retirement transition. Life Insurance, disability insurance, and retirement contributions are based on the reduced appointment salary. Tuition benefits and paid leave time are based on the reduced appointment percentage.

6.3.17.4.3.2   Retirement Funds. The faculty/staff member may choose to begin payment from his/her USNH retirement income funds while continuing to be employed on a reduced basis in a status position for the period of the retirement transition.

6.3.17.4.4   Exclusions. Provisions of this policy do not apply to faculty/staff who are members of collective bargaining agreements.

6.4   Non-Employment Relationships. A category of persons who have informal service relationships with USNH institutions.

6.4.1   Affiliate Faculty with Rank. Those faculty from a different college/school than the appointment location, or from outside the college/university who volunteer their time to the college/university's education, research, and/or service activities on a limited-time basis. Affiliate faculty may be titled Affiliate Instructor, Affiliate Assistant Professor, Affiliate Associate Professor, or Affiliate Professor, based on experience as determined by the institution.

6.4.1.1   Authority to Establish Relationship. The Academic Vice President or Dean may make appointment arrangements.

6.4.1.2   Benefits and Policy Eligibility. The relationship involves no compensation. The only benefits are those that USNH is legally obligated to provide.

6.4.1.3   Duration and Commitment. The time period for the appointment is for one to three years and is renewable as determined by campus administration.

6.4.2   Visiting Faculty. Visiting faculty members are individuals who hold regular faculty appointments at other institutions of higher education and who contribute to the educational or research activities of a USNH institution, either full-time or part-time. Visiting faculty may be appointed as Visiting Instructor, Visiting Assistant Professor, Visiting Associate Professor, or Visiting Professor, as determined by the institution.

6.4.2.1   Authority to Establish Relationship. The Chief Academic Officer or her/his designee may establish these relationships and related actions.

6.4.2.2   Benefits and Policy Eligibility. The relationship involves full, part-time, or no compensation. These appointments are only eligible for benefits consistent with Board of Trustee policy (see USY V.A.3.1) and personnel policies, and those benefits that USNH is legally obligated to provide.

6.4.2.3   Duration and Commitment. The time period for the appointment is determined by campus administration. All such appointments shall be for one semester or one academic year and shall be renewable. Visiting faculty members do not normally accrue time toward tenure at their visiting campus.

6.4.3   Clergy.

6.4.3.1   Authority to Establish. The Chief Student Affairs Officer or her/his designee may establish these relationships and related actions.

6.4.3.2   Benefits and Policy Eligibility. Appointees in this category are not remunerated by or through the USNH payroll. The Vice President/Dean of Student Affairs verifies their eligibility for the tuition benefit for themselves and/or spouse and dependent children under policy USY V.A.9.

6.4.4   R.O.T.C. Members of the United States Armed Services who fulfill instructional responsibilities under the aegis of the formal R.O.T.C program.

6.4.4.1   Authority to Establish Relationship. The Chief Academic Officer or her/his designee may establish these relationships and related actions.

6.4.4.2   Benefits and Policy Eligibility. Appointees in this category are not remunerated by or through the USNH payroll. The Vice President/Dean of Student Affairs verifies their eligibility for the tuition benefit for themselves and/or spouse and dependent children under policy USY V.A.9.1.3.

6.4.5   Volunteers. Persons in each USNH institution’s community and members of the University System community may volunteer their service to an institution. Status and adjunct faculty and staff members' volunteer work must be different than the work for which they are compensated by USNH. As volunteers they normally will not receive any direct or indirect compensation and must comply with all USNH policies.

6.4.5.1   Authority to Establish Relationship. A Principal Administrator as assigned by the institution, or her/his designee, may establish these relationships and related actions.

6.4.5.2   Benefits and Policy Eligibility. The relationship involves no pay or benefits except for those that USNH is legally obligated to provide.

6.5   Retiree Relationships

6.5.1   Retirees. Those who retire from the University System at age 62 or older and have 10 or more years of service are considered retirees. See Retiree definitions in USY V.C.9.2.1.

6.5.1.1   Privileges. The privileges of retirees are defined by each institution.

6.5.1.2   Employment after Retirement. Employment may be part-time or full-time. The availability and specific work assignment after retirement must be mutually acceptable to both the retiree and department and appropriate administrative approvals on a year-to-year basis. Only those benefits required by law will be earned during employment.

6.5.2   Emeritus Appointments

6.5.2.1   All tenured members of the faculty who retire from the University System after 10 or more years of service may be nominated by institutional processes for emeritus appointment at the rank held at the time of retirement to the president of the institution. Emeritus appointments shall specifically indicate the faculty member's discipline and rank, e.g., Associate Professor Emeritus of English. As a continuing member of the University or College community, the emeritus faculty member shall have privileges as defined by campus policy. The president will exercise final approval of emeritus status.

6.5.2.2   Extension Educators. All Extension Educators who retire from the University System after 10 or more years of service may be approved by the President of the University of New Hampshire for emeritus appointment at the rank held at the time of retirement. Emeritus appointments shall specifically indicate the Extension Educator's discipline and rank, e.g., Associate Extension Educator, Nutrition. As a continuing member of the University community, the emeritus Extension Educator will have the privileges as defined by Extension Services.

6.5.2.3   Staff. Occasionally other members of the University System may receive an emeritus appointment by approval of the institution's President. Specific privileges accorded to individuals who hold such appointments will be at the discretion of the institution's President.

 

7.   Performance Evaluation

7.1   Goal. Good personnel practice embraces the concept that formal performance evaluation is: (a) a means of constructively analyzing the efforts of individuals, (b) a means of determining where improvement is necessary, and (c) a procedure by which communication is enhanced, thus providing a forum for the guidance, and counseling to promote the growth of staff members. The University System expects high standards of performance from staff members in accordance with both institutional objectives and the statements of job responsibilities. Each institution has the responsibility to provide employment conditions which foster personal and professional growth and productivity.

7.2   Evaluation Criteria. The principle of evaluation is factual reinforcement based upon predetermined standards. Evaluations shall be based upon established goals and objectives, as well as such criteria as professional competency, initiative, and harmonious working relationships. Evaluation factors of a general nature may be supported by specific goal and objective achievement or may be dealt with in a broader context.

7.3   Responsibility. The USNH Human Resources Office shall provide the institutions with suggested forms and guidelines. These forms and guidelines may be adopted as is or altered to meet individual institutional needs. The USNH Human Resources Office and the USNH General Counsel shall review any institutionally based forms for compliance with state and federal laws.

7.3.1   Institutional Responsibility. Chief Executive Officers of each institution are responsible for establishing the course and direction of performance evaluation within their organization. Evaluation procedures and guidelines shall be based on job requirements and expectations. Employees may discuss their performance evaluation with the office responsible for personnel administration. That office will assist in interpretation and application of policy.

7.3.2   Supervisor's Responsibility. When an employee is hired or changes jobs, the supervisor explains the requirements of the new job. Job expectations may include such areas as quality of work, reliability, initiative, judgment, attainment of skills and meeting goals.

7.3.3   Evaluation of Principal Administrators. The appropriate Vice President or Chief Executive Officer conducts evaluations of Principal Administrators. Evaluations of Principal Administrators will be forwarded to the Trustees' Executive Committee which is responsible for salary increase recommendations. Such recommendations should follow established campus and/or System organizational channels to the Executive Committee of the Board of Trustees.

7.3.4   Evaluation of Faculty. The evaluation process regarding faculty will be established by each institution. Where collective bargaining agreements exist, contract procedures will take precedence.

7.3.5   Evaluation of PAT/OS/EE/AA. Supervisors and staff members will strive to create an environment conducive to satisfactory performance and professional development. Supervisors of PAT/OS/EE/AA staff members are responsible for scheduling and conducting written evaluations and reviewing them with the appropriate administrator. In cases where other supervisors assign and review an employee's work, they may also contribute to the evaluation process.

7.4   Evaluation Process. It is intended that performance review be a continuing process. This process involves observations, evaluation of planned objectives, and the individual's growth in the areas of professional development and subject matter competencies.

7.4.1   During the evaluation period, meetings shall be held between the supervisor and staff member to discuss the staff member's performance. These meetings give the staff member and supervisor a formal opportunity to mutually assess job goals and to determine any changes that may be necessary.

7.4.2   During this period, the staff member and his/her supervisor will strive to develop a written statement of the objectives and responsibilities for the year. If such statement is not mutual, the supervisor is responsible for establishing the final statement. This statement will serve as the criteria for subsequent performance evaluations and will be modified as the demands of the position change.

7.5   Timing and Frequency of Evaluations. Except as otherwise provided in this section, formal written evaluations for PAT/OS/EE/AA staff will occur at least annually at a time determined by the institution.

7.5.1   New Hires. A performance evaluation shall be conducted after five and one half months, and then, annually during the designated evaluation period. For Operating Staff there is an additional earlier evaluation at three months.

7.5.2   Promotions/Reclassifications/Transfers/Demotions. Staff members who are promoted, demoted, or transferred, and Operating Staff who are reclassified to PAT, will have their job performance evaluated after five and one half months, and then, annually during the designated evaluation period.

7.6   Uses of Performance Evaluation.

7.6.1   Written performance evaluations shall be maintained in the official personnel file as a record of the staff member's performance history.

7.6.2   Decisions concerning distribution of performance-based salary increases shall be based on the written performance evaluation.

7.6.3   Decisions regarding professional development and training may be made using performance evaluation objectives and information.

7.6.4   Performance evaluations provide documentation for such personnel actions as promotion, transfer, probation, discipline and/or termination.

 

8.   Performance Related Personnel Actions. There are specific personnel actions for use in job performance related areas. The application of these policies is dependent on the individual situations as described below.

8.1   Introductory Period

8.1.1   Intent. All new PAT/AA and OS members in status positions serve an introductory period of six months. The intent is to provide the time needed to do a concentrated evaluation of the new employee's performance and to determine if the individual is able to meet the job requirements. (See also USY V.F.9.7)

8.1.2   Responsibility. Supervisors are responsible for setting forth job requirements, expectations and monitoring the staff member's progress in meeting the job requirements and expectations of the position.

8.1.3   Conditions

8.1.3.1   Initial Introductory Period. All rights and privileges of employment as defined by USNH policy are available to staff members during the initial introductory period with the exception of the use of the grievance procedure to appeal termination for inability to meet the requirements of the position.

8.1.3.2   Subsequent Introductory Period. Staff members who are promoted, demoted, or transferred and OS who are reclassified to PAT, will serve a subsequent six month introductory period and enjoy all rights and privileges accorded the non-introductory employee.

8.1.4   Length of Introductory Period for Newly Hired

8.1.4.1   Operating Staff will have their performance reviewed after three months. A performance review will again take place after five and one half months to determine suitability for continued employment. Thereafter, evaluations will be conducted annually and more often as otherwise needed.

8.1.4.2   PAT Staff and Academic Administrators will have their performance reviewed no later than the end of six months to determine suitability for continued employment and then annually thereafter. If more time is needed, a supervisor may request that the Human Resources Office extend the introductory period. Such extensions may be granted for a period no longer than one year from the date of initial appointment. By the end of the extension, another performance evaluation must be conducted.

8.1.4.3   Extension Educators will be given a one-year introductory period. If the staff member's performance is satisfactory at the end of the introductory period, the person will be given the opportunity to continue employment. No introductory period is required for Extension Educators promoted from one rank to another.

8.1.4.4   Principal Administrators are employed in an "at-will" capacity with annual performance evaluations.

8.1.5   Exceptions: In cases where the employee's performance is unsatisfactory and it is clear to the supervisor the employee will not have a successful introductory period the supervisor, with the approval of the institution's Chief Human Resources Officer, may terminate the employee prior to the end of the introductory period with evidence of performance discussion but without need for conducting a formal performance review.

8.2   Disciplinary Actions other than Probation & Termination

8.2.1   Disciplinary actions may be taken as a result of poor work performance or other unacceptable workplace behavior. Discipline may include oral or written warnings, reprimand, or suspension. Such disciplinary actions are not necessarily intended to be sequential.

8.2.1.1   Warnings. Oral or written warnings are given to inform the staff members of unacceptable behavior or unsatisfactory job performance and actions necessary to improve performance or behavior.

8.2.1.2   Reprimand. A reprimand is a written description of an unacceptable behavior or unsatisfactory job performance. It is placed in the official personnel file for the purpose of documentation. The reprimand may include a limit on the length of time that the document is in the file or it may become part of the next performance evaluation as appropriate.

8.2.1.3   Suspension. Suspension is an involuntary unpaid leave of absence ranging from one to five days depending on the severity of the offense. Written notification of suspension shall include the reasons for the action. Benefits for the employee will continue during suspension.

8.2.2   Personnel-related Actions. Depending on the type of violation other personnel-related actions may be appropriate. These include such actions as, but are not limited to, transfer or reassignment, change in work assignment and demotion. Such actions may be particularly appropriate for safety or hazardous material violations, deviation from standards of professionalism or research ethics, unacceptable behavior regarding smoking, drug use or sexual harassment policies.

8.2.3   Responsibility. The determination of unacceptable behavior or unsatisfactory performance shall normally be made by the supervisor. Prior to the initiation of a probationary period or termination, the supervisor must review the situation and options with the Human Resources Office.

8.3   Probation Status

8.3.1   The probationary period is for use when the introductory period has ended and an employee's performance or behavior has fallen below acceptable standards. Probation status includes final warnings with or without performance improvement plans. The purpose of a probationary period is to provide a structured environment for constructive criticism and change.

8.3.2   Responsibility. Supervisors are responsible for determining and communicating the probationary status in writing.

8.3.3   Conditions

8.3.3.1   Supervisors shall consult the Human Resources Office prior to any communication of probationary status to the staff member.

8.3.3.2   Probationary status shall include a good faith effort to correct the performance deficiencies. A written description of expectations and necessary corrective actions will be provided to the staff member.

8.3.3.3   The probationary period is normally thirty to sixty days, but may vary in length depending on the number of years of satisfactory prior service and the severity of the problem. In accordance with USY V.C.9.8.5.5, with the approval of the institution's Chief Human Resources Officer, the probation status period may run concurrently with the notice of termination period.

8.3.3.4   The supervisor shall provide an evaluation of the performance during the probationary period to the staff member, with a copy for the official personnel file.

8.4   Demotion

8.4.1   Authority. The Board of Trustees authorizes the Chancellor to establish compensation policies for demotion. The campus Human Resources Office is delegated the responsibility for any personnel actions resulting in demotion.

8.4.2   Definition. A demotion is a personnel action which results in the involuntary change of a staff member to a lower pay range by assignment to another position or by reclassification (see USY V.C.8.2.2). Demotion of a staff member is not recommended for any individual who has not yet completed the initial introductory period. For salary assignment see USY V.F.8.5.

8.4.3   Service Credit. Staff members who are demoted to a different position, either within the same USNH institution or another USNH institution, will suffer no loss of years of service credit.

8.4.4   Eligibility for Evaluation. Staff members who are demoted will be evaluated after five and one-half months on the new job and annually thereafter.

 

9.   Termination

9.1   Voluntary Resignation. Staff members may resign at any time during their appointment by submitting a letter of resignation. A termination interview may be arranged by the campus office responsible for Human Resources administration. The purposes of this interview are to review eligibility for continuation and conversion of benefits, to ensure that all necessary termination forms are completed, and to provide employees with an opportunity to discuss their job-related experiences.

9.1.1   Termination date. The last day of active service is considered the last day of employment. Vacation, sick leave, earned time or periods of inactive service may not be used to extend employment and benefits beyond the last day worked.

9.1.1.1   Exception. A staff member who will be a USNH retiree (as defined in USY V.C.9.2.1) may use up to ten (10) vacation or Earned Time days to extend employment from the last day of active service to the effective date of retirement.

9.1.2   Exempt Staff may resign by submitting written notice to their immediate supervisor with a copy to Human Resources at least one calendar month in advance of the effective date. The staff member shall be paid for unused vacation time up to a maximum of 30 days. (Reference USY V.A.12.5.1.3 For the purpose of calculating the amount of vacation payoff at termination, minimum usage will be prorated through the date of termination, and any remaining minimum usage days will be subtracted from the staff member's vacation/personal leave balance.)

9.1.3   Non-exempt staff members may resign by submitting written notice to their immediate supervisor with a copy to Human Resources at least two weeks in advance of the effective date. The staff member shall be paid for all unused Earned Time/vacation time. (Reference USY V.A.11.7)

9.1.4   Faculty may resign during the term of appointment by submitting written notice to the Academic Vice President, Dean, or equivalent academic administrator, of the respective administrative unit. Specific requirements or qualifications are governed by institutional policy and/or collective bargaining agreements.

9.2   Retirement from USNH

9.2.1   Definition of retiree. There are three types of retiree status. For all three types the former faculty or staff member must have served in a status position for a period equal to 10 or more years of service at the time of retirement or departure from USNH active service status.

9.2.1.1   Retiree (ARC) -- A faculty or staff member with the Additional Retirement Contribution Plan either by choice or by beginning employment within USNH on or after 7/1/94 , and who has reached at least age 62.

9.2.1.2   Retiree (Benefits) -- a former faculty or staff member hired prior to 7/1/94 who has reached at least age 62 and has 10 or more years of full-time service and at least 10 years of participation in a USNH sponsored retirement plan, and who chose the retiree medical coverage instead of the additional retirement contribution (ARC).

9.2.1.3   Retiree (Cooperative Extension) -- a former faculty or staff member within Cooperative Extension who meets the requirements for retirement under the Civil Service Retirement System.

9.2.2   Notification of Intent to Retire. In order to provide a smooth transition from active employment to retirement status, faculty and PAT staff members are expected to provide a minimum of 120 days, and Operating Staff members are expected to provide 60 days written notice to their department, campus Human Resources Office and the USNH Benefits Office indicating the date on which they plan to retire.

9.2.3   Retirement Benefit Eligibility. If enrolled in a USNH medical plan at the time of retirement, a retiree is eligible for the medical benefit bridge from age 62 until age 65, as outlined in USY V.A.7. Retirees (Benefits), defined in USY V.C.9.2.1.2, are also eligible for the Retiree Medicare Complimentary Plan as outlined in USY V.A.7.

9.3   Failure to Return from Leave/Job Abandonment

9.3.1   Leave. A staff member who does not return to work on the expected date after a leave of absence or non-active service period shall be subject to termination. The termination shall be considered a voluntary termination. (Reference USY V.A. Benefits)

9.3.2   Job Abandonment. A staff member who does not report to work as expected and does not provide notification to the supervisor shall be considered to have abandoned the job and shall be subject to termination. Such abandonment shall result in termination after completion of the steps below. The termination shall be considered a voluntary termination.

9.3.3   Process

9.3.3.1   The appropriate supervisor or administrator shall provide a written statement to the staff member that will include the facts of the failure to return to work and notification that the employer considers the staff member to have abandoned his or her job. The letter will notify the staff member that he or she may be terminated and specify a date and time for a meeting to discuss the matter with the supervisor. Such letter shall be delivered or sent by registered mail to the employee at the last known address.

9.3.3.2   The staff member shall meet with the supervisor as required in the letter. Failure to do so will be considered agreement with the facts of the statement, and will be sufficient grounds for considering the employee terminated for reason of job abandonment.

9.4   Termination Due to Lack of Funding/Appointment Limitation. A faculty or staff member may be terminated based solely on the lack of continued funding including positions supported from grant funds. When the administration is aware that funding will be terminated, it will notify the employee as soon as possible, but in any case a minimum of 30 days written notice for Operating Staff and 90 days for PATs will be given, or salary in lieu of. The appropriate written notice will be considered to have been given if the following conditions apply:

9.4.1   Term and Grant Appointed Positions: Individuals hired to staff externally-funded projects and/or hired in the "term" appointment category will be advised at the time of appointment that employment continues only as long as the project/grant is funded or until a set date. The faculty/staff member is provided a written description of the anticipated length of employment in the letter of appointment when hired; if a grant is renewed, then a renewal letter must be provided.

9.4.2   Federal, State and County Funded Positions: With regard to positions supported from Cooperative Extension funds (appropriations from federal, state and county sources), and where termination is based solely on the lack of funding, the Cooperative Extension shall make a reasonable effort to support a transfer within the organization to other appropriate employment for which the individual is qualified. The administration will notify the employee in writing at least 60 days--or more if possible--prior to termination of funding.

9.5   Involuntary Termination Due to Factors Other than Performance (Reduction in Force) – Exempt and Non-Exempt. Whenever elimination of status positions is contemplated for reasons not including financial exigency (USY V.C.9.7), i.e., program curtailments, changes in educational missions or in improved technological methods of working, the institutions within the University System of New Hampshire shall use procedures to ensure that fairness and due consideration are given to benefits eligible individuals whose status jobs are affected, including notifying the employee as early as possible. Minimum written notice requirements are 90 days for exempt staff, and 30 days for non-exempt staff. Reasons for involuntary termination and basis for appeal and the appeal process are included in the letter of notification.

9.5.1   Authority. Directors of Human Resources and Affirmative Action Officers will be responsible for monitoring the involuntary termination process, including affirmative action guidelines. Subject to the parameters of USNH policy as well as campus policy and guidelines established by the institutions, appropriate administrators shall have the authority to eliminate positions in compliance with the above description.

9.5.2   Process for Position Elimination. Each institution may, within the guidelines of USY policy, augment the standards and processes for consideration of involuntary termination due to factors other than performance. Those guidelines would be in addition to those included in this policy.

9.5.2.1   Prior to elimination of a position, supervisors, including the appropriate administrators having appointing authority, may consider institution-wide options, alternatives to involuntary termination, and department level alternatives. The institution-wide alternatives to consider may include attrition, reduction of temporary employees, reassignment or transfer of employees (provided they are suitably qualified) to other units.

9.5.2.2   The departmental alternatives to be reviewed should include voluntary attrition; shared or reduced time option; reduction in temporary employees; transfer or retraining for other positions within the department or reduction of overtime.

9.5.2.3   A summary of these considerations should be documented in writing. This document shall normally be shared only on a need-to-know basis as determined by the institution. Confidentiality of information regarding personnel related information regarding employees may dictate the withholding of some or all of the analysis.

9.5.3   Factors for Determining Employees. After considering the above alternatives and when a discontinuance of a job becomes necessary, the following factors (not listed in priority order) shall be considered when identifying employees whose position is being recommended for termination:

  • Projected program and staffing needs;
  • Qualifications of current staff members;
  • Merit as determined by written performance evaluations;
  • Length of active service within the institution or system;
  • Affirmative action goals in light of proposed reductions.

9.5.4   Options for Assistance. Campus procedures will include consideration of at least the following options, as appropriate to individual circumstances, in the handling of a faculty/staff member who is terminated due to factors other than performance. The supervisor, the employee, and where appropriate, a representative from the campus Human Resources Office will discuss the potential options for assistance that are of interest to the employee. The employee may request a written confirmation of any or all of the options which the institution offered to the employee.

9.5.4.1   Referral to out-placement such as the campus career services support office or campus offered resume-writing training programs;

9.5.4.2   Offer of reasonable time off with pay during notice period to pursue other employment opportunities;

9.5.4.3   Continuation of tuition benefit for course(s) in which employee and/or dependents are currently enrolled.

9.5.4.4   Assistance in developing interview skills;

9.5.4.5   Access to library for up to six (6) months beyond date of termination;

9.5.4.6   Continuation of recreation and parking sticker pass for up to six (6) months beyond date of termination;

9.5.4.7   Continuation of discount eligibility at the bookstore, sporting events, etc. for up to six (6) months beyond date of termination;

9.5.5   Record-keeping. Each institution and the USNH Human Resources Office are responsible for maintaining demographic information regarding the number of RIFs, lay-offs and other personnel actions taken as a direct result of budget reallocation and program reduction. At a minimum, information should include department, age, gender, race, and years of service of employees involuntarily terminated due to reductions in force.

9.5.6   Re-employment options. A staff member whose position has been eliminated (i.e. "riffed") will have priority consideration for an interview if they have applied for a vacancy and communicate their interest for an interview to the Human Resources Office for any vacant position for which the staff member has the minimum qualifications required for the position. The campus Human Resources Office in consultation with the hiring department will be responsible for making the initial determination that the individual meets the minimum qualifications. Priority consideration means that the identified staff member will have the following options for up to six months after the date of termination.

9.5.6.1   Exception to Advertising. At the mutual agreement of Human Resources, the supervisor, including the appropriate administrator having appointing authority, and the staff member, the staff member may be placed in a vacant position without the normal advertising process.

9.6   Programmatic Displacement of Faculty. While a faculty member may be dismissed by the Attorney General of the State of New Hampshire for violation of his/her oath of office and/or by an institution because of a bona fide financial exigency (USY C.9.8), faculty may also be displaced because of programmatic changes according to the following general principles. Collective bargaining agreements establish the process for programmatic displacement of faculty rather than this policy.

9.6.1   Process. Decisions to change academic programs or units shall involve essentially educational considerations of a long-term nature, rather than cyclical or short-term fluctuations in enrollments. Such decisions are normally, but not necessarily, based on a thorough program review. Full participation by appropriate faculty and sufficient time -- normally an academic year are the norm for such a review. Any program changes resulting in displacement of tenured faculty must include authorization by the Board of Trustees.

9.6.1.1   When program review has been completed, and decisions are made to consolidate, disestablish or discontinue an academic program, those faculty members displaced as a result shall receive formal written notification of displacement:

9.6.1.1.1   The notification period for faculty without tenure shall parallel current policy concerning notification periods for non-renewal of a non-tenured appointment.

9.6.1.1.2   The notification period for faculty with tenure shall be a minimum of 18 months.

9.6.1.2   Fairness and due consideration must be given to individuals affected by such program changes, and all reasonable steps must be taken to avoid termination of displaced faculty members. Alternatives that shall be considered in lieu of involuntary displacement shall be: shared or reduced time options, early retirement, reassignment or transfer to other vacancies (including administrative positions), voluntary separation with placement support and/or other career redirections. Where retraining is appropriate, the University System shall bear the reasonable costs (not to exceed a year's salary).

9.6.1.3   Transfer to other units within the same institution is the primary -- but by no means exclusive -- method for accommodating faculty members displaced by programmatic changes. For both tenured and non-tenured faculty, the first obligation to effect a transfer (or other accommodation) is with the President of the institution at which program changes are made.

9.6.2   Notice. If neither transfer nor other suitable opportunities are available for tenured faculty following program review, and after considering the same five factors listed in the Guidelines on Involuntary Termination Due to Factors Other than Performance (USY C.9.5), displaced faculty will be terminated after the notification period listed above. In the event of the re-establishment within three years of a terminated program, first priority for reemployment will be given to displaced tenured faculty.

9.6.3   Decisions made regarding termination of tenured faculty members are subject to grievance procedures only on the grounds of procedural and/or due process errors.

9.7   Involuntary Termination -- Financial Exigency

An employee may be terminated by an institution of the University System because of a bona fide financial exigency. A bona fide financial exigency is defined as an imminent financial crisis that threatens a system unit in its entirety as an educational institution and which cannot be alleviated by less drastic means. Further, that these reductions cannot be accomplished by normal reduction or allocation of resources as outlined in the Guidelines on Involuntary Termination Due to Factors Other than Performance for Personnel Other than Faculty (USY V.C.9.5) or in the policy on Programmatic Displacement of Faculty (USY V.C.9.6).

9.7.1   Process. Before a declaration of exigency is made, the President or CEO of an institution will confer with the appropriate campus councils or other appropriate representative bodies, and, along with the Board of Trustees, provide opportunity to participate fully with the Board in relevant discussions pertaining to financial exigency. The Board of Trustees must make an official declaration of the existence of a financial exigency. Once the existence of a financial exigency has been declared, the President of the institution affected will, according to policies on financial exigency applicable to each, consult with appropriate representative bodies and individuals, in order to identify areas to be reduced and to determine criteria to be used in identifying individuals affected.

In specifying these terminations, the President and the representative bodies will be guided by the principle that a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure except where a serious distortion of the academic program would otherwise result.

9.7.2   Notice. Once financial exigency is declared, the rules of notification of termination may be waived, although every bona fide effort will be made to follow the notice procedures. It is important that minimum disruption is caused to the workflow of the institution and that staff members receive adequate notice. To that end, oral communication regarding alternatives to reduction in force should take place with the staff member as soon as feasible prior to a decision to terminate.

9.8   Involuntary Termination Due to Performance. An exempt or non-exempt staff member may be terminated based on poor performance. The supervisor has the authority to terminate employment for documented performance reasons and in consultation with the Human Resources Office.

9.8.1   Tenure-Track Faculty. A description of the formal authority and process to terminate a tenure-track faculty member for performance is included in the PSU Faculty Handbook, the KSCEA contract, the Wheelock School Handbook and the UNH AAUP contract.

9.8.2   Non Tenure-Track Faculty. Authority to terminate a non-tenured track faculty member is held by the President of the campus.

9.8.3   Principal Administrators. Authority to terminate a Principal Administrator is held by the Executive Committee of the Board of Trustees.

9.8.4   PAT and Operating Staff Process

9.8.4.1   Evaluative Steps. The supervisor and/or responsible administrator shall provide the staff member with written or oral notice describing the deficiencies and identify expected improvements. If appropriate corrective action is not taken by the staff member, the supervisor will again discuss and outline in writing the staff member's deficiencies and expected improvements.

9.8.4.2   Constructive Discipline. If job performance does not improve, evaluative steps change to disciplinary action. For a description of the disciplinary options available and procedures reference USY V.C.8.2 and USY V.C.8.3. In accordance with USY V.C.9.8.5.5, below, with the approval of the institution's Chief Human Resources Officer a probation status period may run concurrently with the notice of termination period.

9.8.4.3   Termination. When evaluative and constructive discipline fail and deficiencies persist, termination of employment will result. A termination may occur after demonstrable effort on the part of the supervisor to resolve the problems. The supervisor, in conjunction with Human Resources, may terminate and ask the employee not to report to work during the notice period. A letter of termination will be given to the staff member indicating the reason(s) for termination and shall include the appropriate period of notice and the procedure for utilizing the grievance procedure.

9.8.5   Notification Period. Upon termination accumulated vacation/ET leave will be paid according to policy and such time shall not be counted as part of the terminal notice period.

9.8.5.1   Faculty. Notice for termination of faculty for performance shall be described in the KSCEA contract, the Wheelock School Handbook, UNH-AAUP contract, and the PSU Faculty Handbook.

9.8.5.2   PATs, Extension Educators, and Academic Administrators shall receive a ninety (90) calendar days' notice (or salary in lieu of notice) for termination due to performance.

9.8.5.3   Operating Staff shall receive a fourteen (14) calendar days notice (or salary in lieu of notice) for termination due to performance.

9.8.5.4   Principal Administrators. The notice period for Principal Administrators terminated due to performance shall be determined by the Executive Committee of the Board of Trustees.

9.8.5.5   With the approval of the institution's Chief Human Resources Officer a supervisor may issue a notice of termination at the onset of a probation status (see USY V.C.8.3). In such cases the above notice periods shall run concurrently with the performance improvement plan period. If the employee is not demonstrating a good faith effort to correct performance during the probation/notice period, or performance is worsening, termination of employment may occur at that time with approval of the Chief Human Resources Officer.

9.8.6   Exceptions and Agreements. Termination of employment due to performance that requires exceptions to policy shall require the approval of the USNH Director of Human Resources. A settlement or waiving of legal claims requires the approval of the USNH General Counsel.

9.9   Termination Appeal Process. A staff member (who is not in the initial introductory period) who wishes to appeal an involuntary termination of employment should utilize the grievance procedure. Notice of right to grievance procedures and time limitations will be included in the written termination notice. A staff member appealing a termination may be placed on leave of absence without pay. Failure to initiate the grievance procedure within 10 calendar days of the receipt of the notice of involuntary termination will be considered a direct affirmation that the staff member does not wish to appeal the termination.

9.10   Involuntary Termination -- Insubordination/Guilt in a Crime/Grievous Action

9.10.1   Termination for Destructive or Detrimental Action. When the staff member's actions are so destructive or detrimental that they cannot be tolerated, the staff member may be terminated immediately without further notice. A written statement of the reasons for termination shall be provided to the staff member as quickly as practicable, but the requirements of constructive discipline and the applicable notice periods shall not apply.

9.10.1.1   Serious Crime. An employee may be terminated if he/she admits guilt or is found guilty of a serious crime that demonstrates unfitness for continued employment within the University System.

9.10.1.2   Insubordination. An employee may be terminated for a serious act of insubordination, such as refusal to carry out job responsibilities or refusal to acknowledge the legitimate authority of the supervisor or the organization.

9.10.1.3   Grievous Acts. An employee may be terminated for serious grievous acts of violation of policy as described elsewhere in policy including but not limited to guilt in sexual harassment, failure to comply with substance abuse and/or safety policies, or the conflict of interest policy. See USY V.C.8.2.2.

9.10.1.4   Status Pending Resolution of Criminal Charges. Depending on the specific circumstances involved, an employee may be placed on a Leave of Absence without Pay or Leave of Absence with Pay status by the Human Resources pending the resolution of a criminal charge. Other personnel action also may be taken when appropriate, including but not limited to termination.

9.10.2   Authority

9.10.2.1   Operating Staff, PATs, non-tenure track faculty, Extension Educators, Academic Administrators may be terminated by the authority of the appropriate supervisor or administrator in conjunction with the Human Resources Office subject to the conditions described in this policy.

9.10.2.2   Tenured faculty may be terminated by the institution subject to the conditions outlined in the KSCEA contract, the Wheelock School Handbook, the PSU Faculty Handbook, and the UNH-AAUP contract.

9.10.3   Process

9.10.3.1   Upon making a determination that one of the above actions described in USY V.C.9.10.1.1-9.10.1.3 has occurred, a supervisor must give the employee an opportunity to provide an explanation or evidence relating to the accusations.

9.10.3.2   The supervisor or administrator will review such information and may make a decision to use a method of discipline (see USY V.C.8.2 & 8.3), or in conjunction with the Human Resources Office, terminate the employment of the faculty/staff member immediately.

9.10.3.3   Termination. If termination occurs, a written statement of the reasons for termination shall be provided to the employee as quickly as practical, but the requirements of constructive discipline shall not apply. Such statement shall include a statement regarding the right to use the grievance procedure in compliance with USY V.C.9.10.5.

9.10.4  Notification. The normal periods of notice shall not apply and termination may occur without notice. Vacation/ET will not be paid according to policy USY V.A.11.7 and USY V.A.12.6.

9.10.5   Grievance. A staff member terminated under this provision may utilize the grievance procedure excluding the purpose of re-litigating a criminal conviction. The normal grievance procedure may be used to grieve due process and to grieve the determination that the accusation fit the description(s) provided in this policy.

9.10.6   All unused vacation time up to 30 days will be paid to the staff member (or his/her estate in the case of the individual's death) at the time of termination or retirement, if the termination occurs under normal circumstances and does not involve an act that demonstrates unfitness for continued employment within the University System such as theft or immoral conduct. Compensation for all accumulated vacation/personal leave will be based on the normal workweek up to the allowable maximum (see USY V.F.5-6). In cases where appropriate notice is not given (see USY V.A.11.7.1), the disposition of accrued earned time (OS) and vacation/personal/personal leave (PATs and OS not participating in the Earned Time Program) will be based on the following: for each day the termination notice is delayed, one day will be deducted to a maximum of 10 days. Exceptions to such notice requirements may be granted by the campus chief personnel officer. In no instance shall vacation time be used to extend employment beyond the last day of work (see USY V.A.11.7 for payment of unused Earned Time at termination).

 

10.   Lay-off. Policy and procedure relative to lay-off are applicable to all status employees except faculty and Extension Educators, inasmuch as separate policies apply to them.

10.1   Description. Lay-off is the involuntary separation of a staff member from the job, without pay, due to circumstances such as lack of work, seasonal conditions, technological or programmatic change and/or short-term financial difficulty. Lay-off is used only when there is reasonable expectation of recall. It is inappropriate to use lay-off to address performance problems, or to discipline a staff member. The period of lay-off shall not exceed one calendar year from the date of lay-off. Affected staff members shall be entitled to recall during the period of lay-off. If not recalled during the period of lay-off, staff members will be terminated.

10.2   Process. The Human Resources Office approval is required in all cases of lay-off. The responsible supervisor should contact the Human Resources Office as early as possible when he/she is considering the layoff of staff members.

10.2.1   In determining who is to be laid off, the five factors as outlined in USY V.C.9.5.3 should be of prime consideration.

10.2.2   The notice period to a staff member faced with lay-off is identical to that afforded in cases of termination.

10.2.3   Benefits. All employer paid benefits cease on the last day of actual work except tuition benefits that will cease at the end of the course. Employees will be given the opportunity to continue medical and dental coverage by paying the full premium through COBRA. Conversion to individual plans will be offered for other benefit plans where applicable. Employees may elect to be paid for all or a portion of their accumulated vacation (maximum payout is 30 days) or Earned Time balance. If the employee prefers, he/she may choose to leave the entire balance of vacation or Earned Time intact pending recall. Vacation/Earned Time payout would occur when an employee resigns or is terminated. Accrued sick leave/sick pool will be maintained during the recall period of one calendar year.

10.3   Unique Aspects of Lay-off Situations

10.3.1   Staff members on lay-off have the right to their previous positions if they become available and their previous rate of pay for their position. Such employees will also be given preferential consideration during the lay-off period for positions in their classification and positions for which they possess the minimum qualifications.

10.3.2   There is no requirement to advertise a vacant position if such position is being filled by means of a recall from lay-off. Conversely, when employees are laid off, vacancies will be filled by recall whenever possible before advertising is permitted.

10.4   Recall. The normal sequence of recall shall be "last laid off -- first recalled;" however, exceptions to this rule may be justified by the circumstances of an individual case. Employees will be recalled by written notice. Ten days are allowed, from date of sending the notice, for laid-off employees to respond. Twenty days are allowed, from date of sending the notice, for laid-off employees to return to work. Termination will occur if either no response is received or the employee fails to return to work.

10.5   Return. Upon return to work in a status position, employees are eligible for reinstatement of applicable benefits. It will, however, be necessary to again enroll for all such coverage. Service will be bridged, in the same way as in the case of leaves of absence without pay, if the employee returns to work during the one-year recall period. If the staff member was hired into a status position prior to July 1, 2011, s/he will have vacation/earned time accrual rates, retirement contributions, and longevity, if applicable, based on her/his original status hire date.

 

11.   Employment Breaks-PAT/EE/Faculty and Operating Staff. An employment break occurs when a faculty/staff member's USNH employment is terminated, and the faculty/staff member is re-hired into a status position at a later date. Credit for prior years of USNH service is provided, based on the length of the break in employment.

11.1   Employment Breaks of One Year or Less

11.1.1   Operating Staff. An Operating Staff member whose break in service from the University System is one year or less shall have his/her prior years of status service "bridged" for purposes of computing eligibility for retirement from USNH and seniority. A re-hired Operating Staff member is not eligible for any "grandfathered" benefits, such as longevity, earned time accrual under the pre-July 1, 2011 chart, the 1% Additional Retirement Contribution (ARC), or the retiree Medical Complementary Plan (MCP). The Human Resources Office should be contacted regarding applicability of "bridged" service to retirement plan provisions. The starting rate of pay shall normally be in accordance with USY V.F.8.1.

11.1.2   Exempt-PAT/EE/Faculty/Staff. A faculty/staff member whose break in service from the University System is one year or less shall have his/her prior years of status service "bridged" for purposes of computing eligibility for retirement from USNH and years of service. A re-hired exempt staff member is not eligible for any "grandfathered" benefits, such as immediate accrual of vacation/personal leave at two days per month, the 1% Additional Retirement Contribution (ARC), or the retiree Medical Complementary Plan (MCP). The Human Resources Office should be contacted regarding applicability of "bridged" service to retirement plan provisions. The starting rate of pay shall normally be in accordance with USY V.F.8.1.

11.1.3   Exceptions. Employees with status hire dates prior to July 1, 2011 who are either 1) rehired during a lay-off or 2) rehired after having their employment ended due to a reduction in force (RIF), shall have benefits based on the pre-July 1, 2011 options. (See USY V.C.10.5 for Lay-offs and USY V.C.9.5 for RIFs.)

11.2   Employment Breaks Greater than One Year

11.2.1   Operating Staff. For breaks of service from the University System greater than one year, credit for all prior years of status service will be given to Operating Staff after thirty-six months of employment following return to work and will be applied to computing eligibility for retirement from USNH and seniority. A re-hired Operating Staff member is not eligible for any "grandfathered" benefits, such as longevity, earned time accrual under the pre-July 1, 2011 chart, the 1% Additional Retirement Contribution (ARC), or the retiree Medical Complementary Plan (MCP). The Human Resources Office should be contacted regarding applicability of "bridged" service to retirement plan provisions.

11.2.2   Exempt-PAT/EE Staff. For breaks of service from the University System greater than one year, credit for all prior years of status service will be given to exempt staff after thirty-six months of employment and will be applied to computing eligibility for retirement from USNH and years of service. A re-hired exempt staff member is not eligible for any "grandfathered" benefits, such as accrual of vacation/personal leave at two days per month prior to a total of five years of service, the 1% Additional Retirement Contribution (ARC), or the retiree Medical Complementary Plan (MCP). The Human Resources Office should be contacted regarding applicability of "bridged" service to retirement plan provisions.

 

12.   Fitness For Duty. The University System of New Hampshire is committed to providing a safe working and learning environment. As such, each faculty/staff member should be able to perform job duties and to work in a safe environment. Fitness for duty is defined as being able to work safely, properly, and perform normal work duties without being a safety hazard to one’s self or others (co-workers, students etc.) Medical evaluations will be required as needed for fitness of duty issues and for those who perform heavy physical work and/or food handling and to comply with the Americans with Disabilities Act (ADA). This policy may also be applied when dealing with communicable diseases (see USY V.D.10) and/or when there is an institutional emergency (see USY V.D.14).

12.1   When a faculty or staff member reports to work and is concerned about her/his own fitness for duty for the day, the supervisor may require the faculty/staff member to leave work for the day and seek medical attention. A supervisor who has reason to believe that a faculty/staff member is not fit for duty, including a presence which may be unsafe for others, may, with the approval of Human Resources, require the faculty/staff member to provide a medical clearance before continuing at work. If medical documentation indicates that the faculty/staff member is fit for duty except for being hazardous to others, continue on a leave with pay for up to five days (see USY V.C.12.1.1 below). Employees who are requested by their supervisor, manager, and/or Human Resources representative to provide a medical clearance for fitness for duty must consent to providing medical documentation as a condition of return to active employment.

12.1.1   In both instances, status employees may use sick leave, Earned Time, comp time, or leave without pay as applicable to cover the work absence. At the manager's discretion, status staff with no paid leave and adjunct staff may be paid either for two hours or for their scheduled work time for the day with the expectation that the hours/day would be made up at a later date.

12.1.2   As determined by Human Resources, a faculty/staff member may be required to obtain medical clearance in order to work and have such documentation submitted to Human Resources.

12.1.3   Return to Work. Medical documentation supporting the faculty/staff member's ability to perform the essential functions of the job may be required prior to returning to work.

12.2   Medical Evaluation. A supervisor, in consultation with the Human Resources Office may make inquiries or require a medical examination if it is job related and consistent with business necessity. If a disability as defined by ADA exists, and the faculty/staff member is unable to perform the essential functions of an assigned job, several options are available. The employing department and the campus Human Resources office will determine the appropriate solution from among the following options:

12.2.1   Use of policies regarding paid time away from work due to disabling condition (earned time, sick pool, sick time, interim disability, LTD, worker's compensation)

12.2.2   Use of policy regarding accommodations for disabilities

12.2.3   Use of policy regarding transfer to another position; or

12.2.4   Termination of employment if none of the other policies are applicable.

12.3   Medical Evaluation--Heavy Physical Work and/or Food Handlers. A current list of classifications requiring either heavy physical work and/or food-handling is available from the campus Human Resources Office. The USNH Director of Human Resources has the authority to make additions/deletions to this list. Changes may be made upon recommendation of the campus office responsible for personnel administration.

12.3.1   Heavy Physical Work. All staff employed in jobs requiring heavy physical work (see USY V.C.12.3 above) must satisfactorily complete a medical examination prior to work being assigned. (In compliance with §503, Part 60-741.6(c)(1), §504, Part 84.14(1)(c) of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.)

12.3.1.1   Individuals employed in heavy physical work must provide satisfactory medical evidence of the ability to perform the essential functions of the position. This can be accomplished at no expense to the individual by scheduling an appropriate medical examination through a procedure established by the institution.

12.3.1.2   The employing unit shall consider the results of the medical examination in determining whether or not the individual should be assigned to the position requiring heavy physical work. As outlined in USY V.C.12.2.2, termination may occur if a person is or becomes medically unable to perform the essential functions of an assigned job with or without accommodations.

12.3.2   Food Handlers. Any faculty/staff member employed in jobs involving food handling, including childcare center employees (see USY V.C.12.3 above), will follow guidelines and regulations established by local self-inspecting cities/towns, the New Hampshire Department of Health and Human Services Food Protection Section, New Hampshire regulations found in He-P 2300 (the Sanitary Production and Distribution of Food), the Federal Department of Agriculture Food Code, and, for child care centers, the New Hampshire Child Care Licensing Rules.

12.4   Confidentiality. Information regarding medical evaluations and/or other health and disability information is considered confidential and protected by Health Insurance Portability & Accountability Act (HIPAA) regulations. (See USY V.C.15)

 

13.   Incentive Separation Plans

13.1   Goal. University System of New Hampshire institutions shall have the option to provide incentive programs to faculty and staff to encourage voluntary separation including retirement. The goal of these programs shall be to provide sufficient predictability to enable and encourage succession and transition planning as well as to provide flexibility to encourage voluntary separations when programmatic and organizational needs make such separation desirable.

These plans are at the discretion of the component institutions and are not considered to be benefit or entitlement programs.

13.2   Authority

13.2.1   The Board of Trustees has delegated to the Chancellor the right to establish standards and conditions for component institutions to offer incentive separation programs. These offerings are in addition to and not in place of the retirement benefit described in USY V.A.8. (See also approvals in USY V.C.13.7 and 13.8)

13.2.2   The Chancellor shall delegate to the President of each institution the authority to determine:

13.2.2.1   The offering of an incentive program.

13.2.2.2   The timing of such offering consistent with policy as described below and other federal and/or state requirements.

13.2.2.3   The group of faculty or staff who will be offered the program consistent with the policy and conditions below.

13.2.2.4   Eligibility and plan conditions including maximum funding available or number of participants to be approved in any given time frame.

13.2.2.5   The features of the separation incentive from among those described by USY V.C.13.5.1.

13.2.3   The Chancellor's Office shall provide consultation to the component institutions regarding financial, human resources, legal requirements for any conditions or stipulations added to campus plans beyond those listed in the policy.

13.3   Eligibility

13.3.1   Separation incentives may be offered only to faculty and staff in status positions.

13.3.1.1   Faculty/staff members must have at least five years of USNH service in a benefits eligible position. Component institutions may add age and years of service requirements subject to the overall legal review described in USY V.C.13.8.

13.3.1.2   Plan offerings will limit eligibility to those who apply within a pre-announced time frame.

13.3.1.3   Faculty/staff members must be in active service and cannot concurrently receive a separation incentive along with continuing income from a USNH disability program, sick leave, or worker's compensation, or have a previously agreed to termination or retirement date. Those on sabbatical or professional development leave during the application period may apply and request a departure date to be effective at some point after the expiration of their leave period. Additionally, those on worker's compensation may be eligible to select a separation incentive in lieu of worker's compensation where legally appropriate.

13.3.1.4   Plan offerings may limit eligibility based on criteria noted in USY V.C.13.4.5.

13.3.1.5   Plan offerings may stipulate a limited number of participants or a limited total dollar pool.

13.4   Conditions

13.4.1   Any plan offering will be in the form of a written plan document and will be announced to all those who are eligible. This announcement may be generalized (e.g. Campus Journal notification) and/or personalized (e.g. e-mail or written notice).

13.4.2   All offerings must have at least a six-week application period.

13.4.3   All offerings require a completed application form and a signed, written agreement if approved.

13.4.4   Effective dates of the institution's plan offering must be included in the announcement and can have separation dates as much as two years into the future.

13.4.5   Plan offering announcements will stipulate selection criteria to determine eligible faculty or staff members. Subject to the overall approval described in USY V.C.13.8, the eligibility requirement may include:

13.4.5.1   Years of service in a benefits-eligible position

13.4.5.2   Age (minimum, but not maximum)

13.4.5.3   Occupational type

13.4.5.4   Specific department or program

13.4.5.5   Individuals targeted as part of a documented reorganization

13.5   Incentive/compensation

13.5.1   Component institutions may design a plan offering using any of the following components subject to the maximums described in USY V.C.13.6. Plan offerings may use a combination of factors or a sole factor as total offering:

13.5.1.1   Percentage of annual salary rate as of the first date of the plan's enrollment (or percentage of annual salary per years of service)

13.5.1.2   Bonus amounts keyed to departure date or calculated based on years of service

13.5.1.3   During the last year of employment, additional employer contributions (within the legal regulations) to the USNH retirement program

13.5.1.4   Non-status employment for a defined guaranteed period not to exceed two years following departure. Non-status appointments may be extended through the normal campus process for non-status appointments, and those who take an Incentive Separation are also eligible for other non-status appointments in the future.

13.5.1.5   Medical, dental insurance and/or tuition benefits for a defined period not to exceed the overall cap described in USY V.C.13.6

13.5.1.6   The option to reduce appointment time and receive retirement income as described in USY V.A.7.2.7

13.5.1.7   For those hired prior to 7/1/94 who have ARC and will be age 62 or over at date of departure, years of service may be bridged to reach eligibility for the ARC guarantee with approval of USNH Human Resources

13.5.1.8   Campus-based privileges may be offered (e.g., parking, office space, library access, etc.)

13.5.2   Plan offering may be paid in a lump sum payment or spread over 26 pay periods per year for a maximum of five years.

13.6   Financial maximums. Plan offerings noted in USY V.C.13.5.1 are subject to a maximum cumulative value. That value for each USNH institution will be determined every year by the Chancellor no later than the October before the beginning of a fiscal year. The maximum cumulative value amount could vary from year to year, depending on available funds and institutional needs.

13.6.1   Payouts may be offered with fewer years and greater annual totals or may be offered with lower total maximums.

13.6.2   Bonus amounts may be geared to any total amount at or below the equivalent described in USY V.C.13.6.1 even if paid in one or two lump payments.

13.6.3   Additional employer contributions may be made to a 403-(b) plan; however, there are contribution limitations established by IRS regulations.

13.6.4   Medical, dental and/or tuition benefits with the normal employee contribution may be offered in any incremental amount (i.e. one year, two years, etc.) up to a total of seven years; however, with the value of those benefits offered in excess of four years counting against the yearly maximum equivalent as noted in USY V.C.13.6.1.

13.6.4.1   The medical benefit described in USY V.C.13.6.4 is exclusive of the regular medical benefit available for retirees aged 62 to 65 as described in USY V.A.7.7 and USY V.C.9.2.

13.6.4.2   Where applicable, medical/dental benefits will run concurrently with COBRA provisions.

13.7   Financial approvals. Plan offerings shall have a funding plan which will include a requirement that funds be allocated from previously approved personnel or benefit budget guidelines and which will require "repayment" over no more than a 24 month period from the date the first expense is incurred. Plans will normally be funded from campus personnel lines or savings; however, allocations from the System wide pooled benefit account may be authorized.

13.7.1   The Vice Chancellor for Finance and Budget or designee will authorize that the funding plan meets the standard noted in 13.7. The Vice Chancellor or designee is also authorized to approve exceptions to funding policy as long as the plan is prudent and will determine if such exceptions will require approval by the Financial Affairs Committee.

13.8   Legal/Human Resource approval. The USNH General Counsel or designee and Director of Human Resources or designee will approve plan offerings before they are announced and review compliance with policy, taxation, discrimination and related legal requirements.

 

14.   Personnel Files

14.1   Personnel files exist as a record of an individual's employment history, achievements, and contributions within the USNH. The uses of personnel files are important to the faculty/staff member as well as the institution.

14.1.1   The campus personnel office maintains the official personnel file. If other employee files exist, they are subject to the same conditions as those applicable to the official file. All personnel actions are based solely on the contents of the official personnel files.

14.1.2   The official personnel file is maintained for three years following an employee's termination, and then basic employment information may be microfilmed or converted to a confidential form for personnel office use. Former employees have the same access to their individual personnel file in the same manner as active employees.

14.1.3   Faculty promotion and tenure files are not classified as personnel files and are not governed by the provisions of this policy. The use and retention of these files are governed by policies on each campus. Such files will be retained for a minimum of three years.

14.2   Authorized Users. Personnel officers, appropriate administrators and the employee may be users of personnel files. Personnel Officers include those formally designated as such by the institution. The personnel office will decide whether and to whom any information should be released. Documents or other information may be copied with permission of the personnel office. A record indicating the data and identifying those persons beyond personnel officers or appropriate administrators who have had access to personnel files will be maintained.

14.2.1   Personnel officers and appropriate officials of the University System of New Hampshire may have access on an official need to know basis.

14.2.2   Employee. Most material within the individual's personnel file is available for inspection by the individual employee. The personnel file may not be removed from the Human Resources Office; however, the individual may request review of his/her own file or receive a copy of information in that file. Reasonable fees may be charged for the copying.

14.2.2.1   Exception. Per N.H. RSA 275:56 (Employee Access to Personnel Records) shall not require the disclosure of: Information in the personnel file of a requesting employee who is the subject of an investigation at the time of his/her request if disclosure of such information would prejudice law enforcement; or information relating to a government security investigation.

14.2.3   Third Parties. Third parties are not entitled to inspect personnel files. A third party is defined as a person or group other than the staff member, his or her designee, personnel officers, or appropriate officials of the University System or institution. Information in the personnel file may be released to a third party only upon written request signed by the employee.

14.2.3.1   Information available verbally to third parties is limited to the employee's name, position, salary, and length of time of University System employment unless a written release to provide additional information is provided by the employee.

14.3   Composition of Files. Documents within the personnel file may include but are not limited to performance appraisals, letters of commendation, compensation and benefit documents, documentation related to disciplinary actions taken, copies of correspondence to third parties requesting job reference information, application material. If, upon inspection of his/her personnel file, an employee disagrees with any of the information contained in the file, then removal or correction of the information may occur with institutional approval. The employee may also submit a written statement explaining his/her version of the information with supporting evidence. Such statement shall be maintained as part of the employee's personnel file.

14.3.1   Unsolicited letters, comments, etc., will be made a part of the personnel file only if they have substantive merit, are free of innuendo, and are signed by the author. Such materials will be made available to the employee for inspection and response if desired.

14.3.2   Letters of commendation, caution, consultation, and reprimand are considered to be of decreasing significance with the passage of time.

14.3.3   Materials related to an employee's candidacy for a position will not be retained in the employee's personnel file but instead in the job search file.

14.3.4   Medical records will be kept in a separate file.

14.4   Computerized Personnel Information

14.4.1   All computerized information maintained on the Management Information System file is confidential. Only authorized staff accesses computer files containing personnel information.

 

15.   HIPAA

15.1   Scope of Policy. The University System of New Hampshire will comply with the Health Insurance Portability & Accountability Act (HIPAA). HIPAA applies only to designated units or departments within USNH that are health plans, health care clearinghouses, or health care providers that engage in payment-related electronic transactions. In addition, HIPAA also applies to departments or units that provide administrative functions for the designated units (e.g., General Counsel’s Office, Internal Audit). HIPAA also requires the plan sponsor of a group health plan to abide by specific regulations to ensure that reasonable and appropriate safeguards exist to protect the confidentiality of personally-identifiable health information. The USNH departments or units that are affected by the HIPAA Privacy Rule are referred to as “covered components” for the purposes of this policy.

15.2   Definition – Covered Information. The HIPAA Privacy Rule requires the University System to adopt appropriate administrative, technical and physical safeguards to protect the privacy of Protected Health Information (PHI), which is created or received by the University System’s covered components. PHI includes any health information relating to past, present or future physical or mental health, health care treatment, or payment for health care. PHI includes information that can identify an individual, such as name, social security number, address, date of birth, medical history or medical record number and includes such information transmitted or maintained in any format, including paper and electronic records. HIPAA contains special provisions for records related to workers’ compensation, psychotherapy, and employee health information.

15.3   Authority. Each institution of the University System shall adopt policies or procedures to insure compliance with this policy. Such policies or procedures shall include the obligation to:

15.3.1   Notify employees (or patients in the case of covered components with patients as customers) about their rights to privacy under HIPAA.

15.3.2   Establish procedures for covered components that insure PHI is protected

15.3.3   Train employees who handle PHI on appropriate security procedures and knowledge of HIPAA

15.3.4   Adopt procedures, including disciplinary actions to address violations of USNH policy or HIPAA

15.3.5   Secure employee and patient records containing individually identifiable health information so that they are not readily accessible to those who do not need to see them

15.3.6   Make reasonable efforts to limit the use, disclosure of, and requests for protected health information to the minimum necessary to accomplish the intended purposes

15.3.7   Adopt special procedures for the use of PHI for research. Reference the UNH Institutional Review Board (IRB) web site at http://www.unh.edu/research/institutional-review-board-protection-human-subjects-research-irb-0 for further information

15.3.8   Execute business associate agreements and other required documents to permit covered components to share PHI with outside entities that have been contracted to provide products and services requiring access to PHI

15.4    Notification. Each component institution shall notify the USNH General Counsel’s Office of the officer responsible for HIPAA compliance at its institution .

 

16.   Leaves Without Pay. A leave without pay is used for absences covering a period of time in excess of one pay period and normally does not extend beyond a year. A status faculty/staff member may request a full or partial leave without pay from her/his department for medical or other personal reasons. If a department cannot accommodate a personal leave without pay, the faculty/staff member may request a leave from the institution. In some circumstances, the institution may place a faculty/staff member on a full or partial leave of absence without pay, either from the department or the institution. A partial leave reduces the faculty/staff member's percent-time of service and pay for the leave period. During a leave of absence without pay from the department, the faculty/staff member retains her/his position. For those leaves granted by the institution, the position is not held, and the faculty/staff member must apply, at the end of the leave, for vacancies available for which s/he is qualified, but s/he is not guaranteed a position.

16.1   Voluntary Leave Without Pay. A faculty/staff member may apply for a full or partial leave of absence without pay from her/his department for medical or other personal reasons. Requests for such leaves should be in writing and directed to the faculty/staff member's immediate supervisor with a copy to the Human Resources Office.

16.1.1   Voluntary Leave for Medical Reasons. When documentation from a medical professional supports a medical leave that qualifies under the Family Medical Leave Act and/or Worker's Compensation, such leave must be granted by the department (see USY.V.A.17 and USY.V.A.16). A faculty/staff member with less than one year of service in a status position may apply for a medical leave without pay. Medical leaves that are covered by Workers' Compensation must be granted (see USY V.A.16). Medical leaves are normally granted for no more than six-months, unless the leave qualifies for Worker's Compensation.

16.1.2   Voluntary Leave for Personal Reasons. If a department cannot accommodate a personal leave without pay, the faculty/staff member may request a leave from the institution. Generally personal leaves are not granted for more than one year and only to those faculty/staff members who have completed at least one year of service in a status position.

16.2   Involuntary Leave Without Pay. Under certain circumstances, a faculty/staff member may be placed on a leave without pay by her/his department or institution.

16.2.1   A faculty/staff member may be placed on a full or partial leave without pay when there are changes in financial conditions or programmatic needs if the duration of such leave is expected to be greater than one pay period. Such leaves require a 30-day notice period for Operating Staff and a 90-day notice period for exempt staff (USY V.C.6.2.5.1.4). In cases where there is no work for faculty/staff members, use of the lay-off policy may be appropriate (see USY V.C.10).

16.2.2   A faculty/staff member may be placed on a full leave of absence without pay pending the resolution of a criminal charge (see policy USY V.C.9.10).

16.3   Benefit Continuation. USNH will continue its usual employer level of contribution to faculty/staff members' benefits for the duration of the leave or for 120 days, whichever is less. Those on partial leave are eligible to continue benefits by making their employee contributions during the 120 day period. While on partial leave, group life and accidental death and dismemberment insurance and long-term disability benefits will be based on the salary amount of the faculty/staff member's salary rate at the time the partial leave commenced. Retirement contributions during partial leave will be based on benefits-eligible earnings. (See policy below for benefits after 120 days.) For those benefits that require employee contributions, faculty/staff members on full leave will be billed for that portion of the premium. For those on partial leave, faculty/staff members will be billed for any portion not able to be deducted from their pay check. Those on full leave are normally not eligible for tuition waiver benefits for themselves.

16.3.1   Benefit continuation for leaves greater than 120 days.

16.3.1.1   Full Leave. In cases of full leaves that are greater than 120 days, faculty/staff members will be billed for the full cost of benefits beyond the 120 days, unless benefit coverage is required under FMLA leave regulations (see USY V.A.17) or Worker's Compensation (see USY V.A.16).

16.3.1.2   Partial Leave. While on partial leave, group life and accidental death and dismemberment insurance and long-term disability benefits will be based on the salary amount of the faculty/staff member's salary rate at the time the partial leave commenced. Retirement contributions while on partial leave will be based on benefits-eligible earnings. After 120 days of partial leave, those faculty/staff members who have been employed in a status position for at least a year and who are working at least 50% time are eligible to continue benefits by making their employee contribution for the designated leave period or a total leave period of one year, whichever is less. They will be billed for any portion not able to be deducted from their pay check. Those working less than 50% are eligible to continue benefits by paying the full cost of the employee and employer contributions for the designated leave period or a total leave period of one year, whichever is less. They will be billed for any portion not able to be deducted from their pay check.

16.3.2   Accrual for Paid Leave Programs. Faculty/staff members on full leaves of absence without pay do not accrue Earned Time, sick leave, or vacation/personal leave. Those on partial leave will accrue Earned Time or sick/vacation/personal leave benefits based on the percent-time of the reduced appointment.

16.3.2.1   Paid Leave Carry Forward. All unused Earned Time/Sick Pool and up to 35 days of vacation and all sick leave will be carried forward through the period of a full leave of absence. If the staff member does not return to work, any unused vacation (up to 30 days) or Earned Time will be paid at termination.

16.4   Return from Leave. The faculty/staff member must notify her/his department thirty days prior to the expiration of leave of her/his desire to return to work. If the leave was full-time, failure to provide notice of return will be considered a voluntary resignation effective the last day of the leave status.

16.4.1   Leaves for Medical Reasons. Prior to returning to work, a faculty/staff member on leave for medical reasons is required to provide medical documentation supporting her/his ability to perform the essential functions of her/his job.

16.5   Benefit Repayment. Except in cases of death, retirement, or approval for long term disability, a faculty/staff member who does not return to her/his previous status and provide 30 calendar days of active service following a leave of absence will be responsible for the full repayment of all benefit premiums and contributions made by USNH on her/his behalf during the leave. In instances where an employee on leave from the institution or on involuntary leave makes himself/herself available for work but is not rehired, no repayment of benefit premiums and contributions will be required.

16.6   Leave Extension. Any continuation of full or partial leave beyond a total leave period of one year is expected to be rare and requires approval by the Chief Executive Officer or her/his designee and is based on such factors as the value of the leave to the institution, the length of the leave, and availability of funds. The faculty/staff member will assume the cost of her/his benefit and the employer benefit contributions. If approved by the Chief Executive Officer or her/his designee, the faculty/staff member's department or institution may assume the employer's cost of benefits for the extended leave period.

16.7   Subsequent Leaves. If a faculty/staff member has been on either a full or partial leave of 120 days or more, s/he is not eligible for such leave with benefits again until serving in a status position for at least 24 months after returning from leave, unless the leave was for FMLA reasons. If there are extenuating circumstances, the Chief Executive Officer or her/his designee may authorize an exception for a leave to occur earlier than 24 months.

 

17.   Military Leave. Military leave policy follows federal regulations in the Uniformed Services Employment and Reemployment Rights Act (USERRA), which defines benefits and rights of employees when they serve or have served in the Uniformed Services.

17.1   Eligibility. Faculty or staff members serving in the Uniformed Services, including reserve military service, Federal National Guard service, and certain types of service by members of the National Disaster Medical System, are eligible for military leave.

17.1.1   Not covered by USERRA are those:

  • who exceed the five-year, cumulative active service limitation, or exceed the two-year recuperation period following active service
  • who are separated from Uniformed services under less than honorable conditions
  • who were hired for a brief, nonrecurring period with no reasonable expectation of continuation for a significant period

17.2   Extended Active Service. A faculty or staff member will be granted a military leave of absence without pay by the campus Human Resources Office upon a voluntary or involuntary active duty assignment in the Uniformed Services which extends beyond 30 days. The faculty/staff member must provide written or verbal notice of active duty as far in advance as possible, unless it is impossible or unreasonable to give such notice. Military leave continues throughout the period of active duty, up to a cumulative maximum of five years of active service, except in those instances of recuperation following a period of active duty which may extend the leave for a maximum of two years.

17.2.1   Benefit Continuation. If eligible for benefits, a faculty/staff member may elect to continue medical and dental plan coverage for her/himself and dependents under COBRA (see USY V.A.8) for the period of military leave, or for 24 months from the beginning of the leave, whichever is less. The faculty/staff member may make contributions to her/his retirement plans while on active duty, but will have no USNH contributions until reemployed. The tuition benefit plan for spouse and/or eligible dependents continues for the period of active duty.

17.2.1.1   Earned Time and Vacation leave. Faculty/staff may use accrued Earned Time or vacation for military leave, but are not required to do so. Unused earned time and Sick Pool or vacation days (up to 35) and sick leave will be carried forward through the period of leave of absence. If the faculty/staff member does not return to work following military leave, any unused vacation leave (up to 30 days) or earned time will be paid to the faculty/staff member.

17.2.2   Reinstatement. Upon returning from active duty, a faculty or staff member on active duty will be reinstated within two weeks to the position s/he vacated or to another position of like status when: (1) s/he contacts the Human Resources Office and submits a written or verbal application for reemployment; (2) provides Human Resources with documents of honorable service, such as the Certificate of Release or Discharge from Active Duty (Form #DD214) or a copy of duty orders indicating completion of service; and (3) is qualified physically and mentally to return to work. If hospitalization is required during the military leave and continues after discharge for a period of not more than two years, the individual may be restored to his or her position following release from hospitalization.

17.2.2.1   Conditions. If the active service period is more than 30 days, but less than 181 days, the application must be made within 14 days after completing service. With service greater than 180 days, the application is required no later than 90 days after completing service. In each case, notice is required unless it is impossible or unreasonable to do so.

17.2.2.2   Rate of Pay. The pay rate for the reinstated faculty/staff member is based on her/his pay at the time of departure, plus any pay increases, including merit increases, that the faculty/staff member would have received if s/he had been continuously employed during the period of military service.

17.2.2.3   Benefits. Terminated medical plan coverage will be reinstated upon reemployment with no waiting period, except for exclusion of illnesses or injuries resulting from active duty. Upon reinstatement, the faculty/staff member may make up any or all retirement plan contributions missed during the period of active service, and USNH will provide its contributions to those the faculty/staff member makes. These contributions must be made within a time period starting from reinstatement and extending to three times the immediate past military service period, with no repayment period exceeding five years. The time spent in uniformed service is not considered a break in employment for purposes of benefits based on seniority, such as Earned Time accrual, longevity, retirement plan contributions, and FMLA eligibility.

17.2.2.4   Disability. If, as a result of active service in the armed forces, a faculty or staff member is not physically or mentally qualified to perform his/her former duties, he/she may request and will be offered employment in a position for which he or she is qualified and which will provide the seniority, status, and salary consistent with the federal statute.

17.2.2.5   The re-employment rights described in this section shall apply unless the circumstances of the campus or of the University System have changed as to make it impossible or unreasonable to provide those rights.

17.3   Temporary Active Duty. A temporary leave of absence of thirty days or less will be granted to a faculty or staff member by the Human Resources Office for the purpose of reserve training or other active duty required by the individual's Uniformed Services Employment.

17.3.1   Compensation. Faculty and exempt staff members on temporary military active duty leave will be paid the difference between their regular salary and military pay if the latter is less than regular pay. Regular military pay does not include any allowances for dependents or reimbursement for expenses. In cases whereby temporary military pay is more than the individual's regular budgeted salary for the same period of time, the faculty/staff member will not receive any USNH salary. Military leave will not count against vacation time. Sick and vacation leave will continue to accumulate during temporary military leave.

17.3.1.1   Exception. Staff members in the Earned Time Program are not eligible for a pay differential and must account for the temporary military active duty time as leave without pay or use accrued Earned Time. (See USY V.A.11.1)

17.4   Retaliation or discrimination of any faculty/staff member on the basis of her/his military service is prohibited.

 

18.   Leave for First Responders. In compliance with RSA 274:66, faculty and staff who are members of a fire department, rescue squad, or emergency medical services agency may take leave without pay when they are called into service for the state or a political subdivision during a declared state of emergency. Faculty and staff may use accrued leave time to cover such absence from work. For those who are members of the National Disaster Medical System, see Military Leave (USY V.C.17).

 

19.   Family and Medical Leave Act (FMLA). This policy outlines the eligibility criteria for requesting a FMLA leave and the obligation of the institution and the faculty/staff member in order to comply with FMLA regulations.

19.1   Eligibility. To be eligible for leave under this policy a faculty/staff member (status or non-status) must have been employed within USNH for at least 12 months in total and must have worked at least 1,250 hours during the 12 month period preceding the commencement of the leave.

19.2   Definition. A family and/or medical leave of absence shall be defined as an approved absence available to eligible faculty/staff members for up to 12 weeks per year. A year is defined as a "rolling" 12 month period measured backward from the date a faculty/staff member uses any FMLA leave. Leave may be taken: Upon the birth of a faculty/staff member's child; upon the placement of a child with the faculty/staff member for adoption or foster care; when a faculty/staff member is needed to care for a child, spouse, or parent who has a serious health condition; or when the faculty/staff member is unable to perform the essential functions of his/her position because of a serious health condition. A faculty/staff member who assumes the role of in loco parentis to a child, regardless of the legal or biological relationship, is eligible for FMLA leave to care for the child. (For military-related FMLA, see USY V.C.19.7).

19.2.1   In order to be considered for a FMLA leave, the faculty/staff member must notify her/his supervisor of the request for the leave and provide appropriate documentation to the Human Resources Office (see USY V.C.19.4). Human Resources will notify the faculty/staff member within 5 days if the facult/staff member meets the eligibility requirements for FMLA leave and informs her/him of her/his rights and responsibilities under the leave.

19.2.2   In order to have the leave considered FMLA, the Human Resources Office must receive medical documentation, makes the determination and must notify the faculty/staff member in writing within five days after receipt of the medical documentation. If the designation of FMLA leave is not made or notice given, the leave cannot be retroactive and cannot be applied after the faculty/staff member returns to work.

19.2.2.1   Exceptions. Notification can be done retroactively if the determination is made because medical documentation supporting FMLA was received by Human Resources after the faculty/staff member returned to work, or when Human Resources did not learn the reason for a faculty/staff member’s leave until her/his return to work.

19.2.3   All requests which meet eligibility criteria will be granted for up to 12 weeks. In cases of absence from work which qualify under FMLA and are covered by other paid leave(s), such as workers' compensation or interim disability, the FMLA leave will be concurrent with the other paid leave(s) for a period of up to 12 weeks or for the duration of the other leave(s) if it expires prior to 12 weeks.

19.3   Conditions of Leave. USNH will require medical documentation, and documentation for in loco parentis as needed, sent to the Human Resources Office to support a claim for leave for a faculty/staff member's own serious health condition or to care for a seriously ill child, spouse or parent. Such documentation will be maintained in a separate file in the Human Resources Office and released only on a need-to-know basis. For the faculty/staff member's own medical leave, the documentation must include a statement that the employee is unable to perform the essential functions of the position. For leave to care for a seriously ill child, spouse, or parent, the medical documentation must include an estimate of the amount of time the faculty/staff member is needed to provide care. At its discretion, USNH may require and pay for a second medical opinion and/or periodic documentation. If the first and second opinions differ, USNH (at its own expense) may require the binding opinion of a third health care provider approved jointly by USNH and the faculty/staff member.

19.3.1   Intermittent Leave. If medically necessary for a serious health condition of the faculty/staff member or the spouse, child or parent, leave may be taken on an intermittent or reduced service schedule. If leave is requested on this basis, however, the USNH may require the employee to transfer temporarily to an alternative position that better accommodates recurring periods of absence or a part-time schedule, provided the position has equivalent base salary rate and benefits./p>

19.3.2   In cases of leave for the faculty/staff member's own illness/injury, the faculty/staff member will be required to use established/accrued paid leave policies (includes any leave accrued during an FMLA Leave); however, the faculty/staff member has the option to retain up to the equivalent of 10 Earned Time/vacation days.

19.3.2.1   For status exempt faculty/staff, paid leave includes use of accrued sick leave, interim disability leave if applicable, then accrued vacation/personal leave (see USY V.A.4.11).

19.3.2.2   For status hourly staff, paid leave includes use of accrued Earned Time and Sick Pool (see USY V.A.4.10).

19.3.3   For leaves taken to care for family members, a faculty/staff member may use Family Leave for up to 10 days (see USY V.A.4.10 for Earned Time use and USY V.A.4.12 for vacation/personal leave use); further usage will require that the faculty/staff member use accrued Earned Time/vacation days; however, the faculty/staff member has the option to retain up to the equivalent of 10 Earned Time/vacation days.

19.3.4   The mandatory use of accrued leave time is not applicable if the absence is due to a workplace injury/illness and is compensated under workers' compensation. However, an employee may elect to supplement workers' compensation with accrued leave.

19.4   Responsibility. The component institutions shall adopt such institutional procedures as are necessary to meet the administrative requirements of this USNH policy.

19.4.1   Faculty/Staff Member's Responsibility. When the need for leave is foreseeable, such as the birth or adoption of a child, or planned medical treatment, the faculty/staff member must provide 30 days notice. Appropriate documentation (e.g., physician's statements and adoption papers) must be included with the request and sent to the Human Resources Office. In cases of illness, the faculty/staff member will be required to report periodically to Human Resources on his or her leave status and intention to return to work.

19.4.1.1   Reinstatement. Faculty/staff members must notify their immediate supervisor and the Human Resources Office 30 days prior to the expiration of the leave of intent to return to work.

19.5   Benefits During Leave. (Applicable to faculty/staff members participating in a medical and/or dental plan prior to leave.)

19.5.1   Duration of Leave. USNH will continue its usual level of contribution to the staff member's benefits for the duration of the 12-week period. For those benefits that require employee contributions, the faculty/staff member will be billed for that portion of the premium.

19.5.2   Benefits eligible faculty and staff members on an unpaid Family and Medical leave do not accumulate vacation/personal leave, sick leave or Earned Time and are not eligible to receive compensation for jury duty, bereavement leave, holidays, short-term military leave or tuition waiver benefits for themselves. (See Leave Without Pay policy, USY V.C.16.3)

19.5.3   Failure to Return from Leave (or returns, but fails to stay 30 calendar days). In the event that a faculty/staff member elects not to return to work, or returns but fails to stay 30 calendar days upon completion of an approved paid and/or unpaid leave of absence, USNH may recover the cost of any payments made to maintain the employee's benefit coverage, unless the failure to return to work was for reasons beyond the faculty/staff member's control.

19.6   Compassionate Donation Program

19.6.1   Definition. A USNH institution may establish a compassionate donation program which provides a means for status employees who earn vacation leave or Earned Time to voluntarily and anonymously donate annual leave or Earned Time to another employee (1) whose absence is due to his or her own serious health condition or that of an immediate family member, or to care for a newborn or a new adopted/foster child, or for Military-Related leave, as defined under the FMLA; (2) who is anticipated to be absent from work for this reason for a minimum of thirty consecutive calendar days; and (3) who has exhausted, or will exhaust, her/his applicable paid leave time. Compassionate donations do not apply to intermittent FMLA situations. Donations are made directly to an employee, not to a leave bank. While the maximum total leave period for an employee is six months, the maximum donated time is 20 days (150 hours for staff working 37.5 hours per week/160 hours for those working 40 hours per week). This donated time is converted to the monetary value of the receiver's hourly or daily rate for the hours/days donated, and is not considered earnings for purposes of benefit deductions. This program will be coordinated by the campus Human Resources Office and may include the establishment of a campus oversight committee. Confidentiality of medical information for those receiving donated days will be maintained.

19.6.2   Other conditions. The role of the institution is to facilitate the administration of the compassionate donation program, not to encourage or discourage participation in the program, nor disseminate information about those employees in need of donations of time. No employee may coerce, threaten, intimidate, or promise financial benefits for donations of leave time.

19.6.3   Eligibility. To be eligible to receive donated time, a status employee must earn vacation leave or Earned Time, must have completed the initial introductory period, must anticipate an absence from work for a minimum of 30 calendar days (including at least 5 days of unpaid leave), must provide information concerning his or her own serious illness or that of an immediate family member as defined under the FMLA, and must be planning to return to work for at least 30 calendar days following the FMLA leave. The number of compassionate donation hours/days an employee may receive per 12-month period will be limited to a maximum of 20 work days per 12-month period. If otherwise eligible, employees are not eligible for compassionate donations if: (1) they are receiving USNH disability or Workers' Compensation benefits, or (2) they are on a probationary status.

19.6.4   Donations of Time. Operating Staff may donate their Earned Time in minimal increments of 4 hours from their Earned Time accrual, and exempt employees may donate vacation/personal time in minimal increments of 0.5 days from their vacation/personal leave accrual. No Sick Pool or sick leave may be donated. After donating leave, a donating employee must have a minimum balance of one week (e.g. 37.5 or 40 hours/5 days) of Earned Time/vacation time. Time may be donated to a status employee in any department and status employee type covered by this policy. Donated time does not count towards minimum usage requirements. Donations may be made to more than one employee. Each campus will determine a maximum donation per employee, not to exceed 12 days (90/96 hours) of Earned Time/vacation time in total per fiscal year, with the maximum pro-rated for percent-time employees. A campus may establish provisions for allowing retroactive donations, provided the donations are made no more than thirty days after the employee's return to work. No compassionate donations may be made outside the employee’s home institution.

19.6.5   Use of Donated Compassionate time. An employee receiving compassionate donations will not accrue Earned Time/vacation/personal/sick time on compassionate donation time days. The recipient's home department will pay the cost of the employee's salary that is covered by compassionate donations. Compassionate donations do not delay the formal start of an unpaid leave of absence for the recipient. Use of compassionate donations cannot extend beyond the end of the employee's appointment period.

19.6.6   Reporting. The institution shall establish a process to ensure that the donor and recipient time/leave are correctly recorded on appropriate time cards/leave records.

19.6.7   Termination of Leave. An employee's eligibility to use compassionate donations ends when one or more of the following occur: the employee returns to work; the maximum amount of compassionate donation has been used; medical documentation for the employee, spouse, child, or parent releases the employee to return to work; the employee terminates employment; there are no more donations of leave time to the employee.

19.7   Military-Related FMLA Leave. FMLA leave approved for a faculty/staff member to (1) care for a member of the US Armed Forces who incurred a serious injury or illness in the line of duty while on active duty in the US Armed Forces; or to (2) deal with a "qualifying exigency" arising out of a family member's active duty service or call to active duty in the US Armed Forces; or any combination of the two, is considered military-related FMLA leave.

19.7.1   Eligibility. To qualify for a military-related FMLA leave, the faculty staff member must be eligible for FMLA leave (see USY V.C.19.1). To qualify for leave to care for a service member, the faculty or staff member must be the spouse, parent, (or serve as in loco parentis)child, or "next of kin" (nearest blood relative) of a member of the US Armed Forces, including the National Guard and Reserves. (Contact the Human Resources Office for specifics concerning "next of kin".) To quality for exigency leave, the National Guard Reservist, or retired member of the Armed Forces must be the spouse, son, daughter or parent (or serve in loco parentis) of the faculty or staff member.

19.7.2   In order to be considered for a FMLA leave, the faculty/staff member must notify her/his supervisor of the request for the leave and provide appropriate documentation, such as documentation for in loco parentis as needed, to the Human Resources Office (see USY V.C.19.4).

19.7.3   All requests which meet eligibility criteria will be granted for up to 12 weeks for "qualifying exigency" leave and for up to 26 weeks for leave to care for a member of the US Armed Forces. The combination of FMLA leave that includes leave to care for a family member in the US Armed Forces and other types of FMLA leave may not exceed 26 weeks in a 12-month period.

19.7.4   During such leave, a faculty/staff member may use Family Leave for up to 10 days (see USY V.A.4.10 for Earned Time use and USY V.A.4.12 for vacation/personal leave use); further usage will require that the faculty/staff member use accrued Earned Time/vacation days; however, the faculty/staff member has the option to retain up to the equivalent of 10 Earned Time/vacation days.

19.7.5   Responsibilities during FMLA leave. See USY V.C.19.4.

19.7.6   Conditions of FMLA leave to care for a family service member with a serious injury or illness. Such leave may extend up to 26 weeks in a twelve-month period. It may be taken full-time or on an intermittent or reduced work schedule. Medical documentation to support the leave request must be sent to the Human Resources Office. Such documentation will be maintained in a separate file in the Human Resources Office and released only on a need-to-know basis.

19.7.6.1   Benefits During Leave. (Applicable to faculty/staff members participating in a medical and/or dental plan prior to leave.)

19.7.6.1.1   Duration of Leave. USNH will continue its usual level of contribution to the staff member's benefits for the duration of the 26-week period. For those benefits that require employee contributions, the faculty/staff member will be billed for that portion of the premium.

19.7.6.1.2   Benefits-eligible faculty and staff members on an unpaid Family and Medical leave do not accumulate vacation/personal leave, sick leave or Earned Time and are not eligible to receive compensation for jury duty, bereavement leave, holidays, short-term military leave or tuition waiver benefits for themselves. (See Leaves Without Pay policy, USY V.C.16.3)

19.7.7   Conditions of FMLA leave due to "qualifying exigency" arising from a family member in the National Guard or Reserve, or a retired member of the regular armed forces or the reserve, being called to active duty service in the military. A qualifying exigency is a circumstance such as short-term notice of deployment, military events and related activities, child care, financial and legal arrangements, or post-deployment activities. Such leave may extend up to 12 weeks and may be taken on an intermittent or reduced-leave schedule. A copy of the family member's active duty orders or other reasonable documentation to support the leave will be sent to the Human Resources Office.

19.7.7.1   Benefits During Leave. (Applicable to faculty/staff member's participating in a medical and/or dental plan prior to leave.)

19.7.7.1.1   Duration of Leave. USNH will continue its usual level of contribution to the staff member's benefits for the duration of the 12-week period. For those benefits that require employee contributions, the faculty/staff member will be billed for that portion of the premium.

19.7.7.1.2   Benefits-eligible faculty and staff members on an unpaid Family and Medical leave do not accumulate vacation/personal leave, sick leave or Earned Time and are not eligible to receive compensation for jury duty, bereavement leave, holidays, short-term military leave or tuition benefits for themselves. (See Leave Without Pay policy, USY V.C.16.3)

19.8   Complaints concerning the application of FMLA leave should be addressed to the Human Resources Office or the US Department of Labor.

19.9   Collective Bargaining Agreements. All provisions of this policy shall prevail except as modified by any applicable collective bargaining agreements.

 

20.   Jury Duty and Witness Leave

20.1   Description. A faculty or staff member will be granted Jury Duty Leave with pay for the purpose of serving on a jury or as a subpoenaed witness. A faculty or staff member subpoenaed for jury duty or as a witness must notify their supervisor as soon as possible to allow the department to make arrangements to accommodate the absence. A faculty or staff member suffers no loss of annual leave, earned time or other benefits during the period of a leave of absence for jury duty.

20.1.1   Process. The absence will be approved only for the period required for jury service or as a subpoenaed witness. A copy of the summons to serve on a jury or subpoena to appear as witness must be presented to the supervisor in advance of the service. Faculty/staff members are expected to report for work at those times when service on the jury or as a subpoenaed witness is not required. At the completion of jury duty or service as a witness, the supervisor must be furnished with evidence of jury service or service as a witness for the time claimed.

20.1.2   Pay Status. The University System will pay the difference between the individual's regular budgeted salary and jury duty pay or subpoenaed witness fee (not including reimbursement for expenses) during the period of service. As an alternative, the individual serving may receive full pay for the period of service by remitting to the institution the compensation received from the court (not including reimbursement for expenses).

20.2   Crime Victim Policy

20.2.1   Description. In compliance with NH RSA 275:61 a faculty or staff member (status or non-status) will be granted leave time to attend court or legal/investigative proceedings associated with the prosecution of a crime in which the faculty or staff member was a victim or the faculty/staff member is an immediate family member of a victim.

20.2.1.1   Victim is defined as a person who suffers direct or threatened physical, emotional, psychological, or financial harm as a result of a crime or attempted crime.

20.2.1.2   Immediate family is defined in the statute as father, mother, stepparent, child, stepchild, sibling, spouse, grandparent or legal guardian of the victim. For purposes of this policy, immediate family is extended to any person residing in the same household with the victim.

20.2.2   Process. The absence will be approved only for the period required for court or legal/investigative proceedings, inclusive of travel time. Documentation concerning hearings or procedures which require the faculty/staff member's presence shall be provided to the supervisor or Human Resources in advance for verification, not for retention. Confidentiality regarding the information will be maintained.

20.2.3   Pay Status. If a status faculty/staff member is the victim, s/he may use up to 10 (ten) days of accrued Sick Leave or up to 75 or 80 hours of Sick Pool (without the prerequisite use of 5 Earned Time days) to cover absences due to crime victim proceedings. In the case where the victim is an immediate family member, a status faculty/staff member may choose to access up to 10 days of Family Medical Leave (see USY V.A.4.10 for Earned Time use and USY V.A.12 for Vacation/Personal leave use) to cover the absences. If more time is required, the faculty/staff member may use accrued Vacation/Personal time or Earned Time, or request leave without for the periods of absence.

20.2.4   Retaliation against anyone who uses a crime victim leave of absence is strictly prohibited.

 

21.   Flexible Work Alternatives. Within defined limits, the University System supports the application of flexible work arrangements for staff. This flexibility may be in the form of Flextime schedules, Flex-year positions and/or Teleworking. Each campus will establish and publish approval procedures for flexible work arrangements. In some instances, positions are assigned flexible work schedules. Alternative work schedules which are not assigned to a position require supervisory review and approval prior to implementation. The supervisor has the authority to establish conditions at the time the flexible work alternative is implemented. These conditions will be documented in writing for each flexible work arrangement. Due to the nature of faculty appointments, faculty members often work outside the office setting. In such cases, the individual is normally responsible for assuming the cost of their home electronic equipment, for computer security, and for continued compliance with USNH policies, including policies governing appropriate use of the information and data.

21.1   Flextime. Flextime is a change to a regular work schedule without changing the percent-time of the appointment. The supervisor has the authority to grant or deny a staff member's request for a flextime schedule, based on institutional policy. To ensure support for operational needs for the department/office, the supervisor may designate "core times/days" when all staff members are required to be present at work.

21.1.1   Non-Exempt Staff. For non-exempt staff, flextime is a change to the regular hourly work schedule by having an earlier arrival and departure time, or by working more hours per day for fewer work days. A position may be scheduled for flextime hours, or a staff member may discuss the possibility of a flextime schedule with her/his supervisor.

21.1.2   Exempt Staff. For exempt staff, flextime is a compressed work week, such as compressing the work of five days into four. Flextime schedules are typically granted for a limited time period in the summer or another specific period of time. An exempt staff member may discuss the possibility of a flextime schedule with her/his supervisor.

21.2   Flex-Year. Flex-year is the assignment of a non-exempt or exempt position to specific work and non-work periods during the fiscal year. The work periods may be fewer work hours/days for the fiscal year, or specific work and non-work periods during the fiscal year. In both cases, they result in appointments that are less than a full-time appointment, but at least 75%. For example, flex-year positions which provide support for academic or student departments during the academic year are typically 75 to 80% appointments. A staff member may request a change from full-time to a flex-year schedule. The supervisor has the authority to grant or deny the staff member's request, based on institutional policy. To ensure support for operational needs for the department/office, the supervisor may designate "core times/days" when all staff are required to be present at work.

21.3   Teleworking. Teleworking is an alternative work arrangement, in which staff members use electronic media to interact with others inside and outside the institution and to perform tasks outside the normal work location for some portion of their work schedule. It is not applicable to all jobs. The number of work hours (for non-exempt staff) or days (for exempt staff) assigned to the position does not change due to a teleworking arrangement. Teleworking requires continued compliance with USNH policies.

21.3.1   Institutional Emergency/Ad Hoc Teleworking. When an institution is not closed (i.e. curtailed operations are not in place), the CEO may declare teleworking an option for all staff or some staff for a limited time period to accommodate environmental conditions, such as flooding, snow, severe heat, etc.

21.3.1.1   Conditions. The supervisor and staff member will agree upon the terms of the teleworking arrangement. No reimbursement is provided for the staff members' own computers or internet coverage. Workers' Compensation and professional liability apply. The CEO, supervisor, or the staff member may terminate the teleworking arrangement at any time.

21.3.1.2   Records and Reporting. The supervisor is responsible for determining a method to measure work accomplished by staff during this time period. Non-exempt staff must maintain records of hours worked and obtain pre-approval for any overtime worked during the emergency or ad hoc conditions.

21.3.2   Personal Emergency/Ad Hoc Teleworking. A staff member may request a temporary, short-term teleworking arrangement due to a personal emergency, medical issues, or environmental conditions.

21.3.2.1   Conditions. The supervisor and staff member will agree upon the terms of the teleworking arrangement. When teleworking is a result of personal emergencies or medical situations, supervisors may grant or deny teleworking schedules on a case-by-case basis. If granted, the staff member is responsible for home computer security and maintaining confidentiality of data. No reimbursement is provided for the staff member's own computer or internet coverage. Workers' Compensation and professional liability apply. The supervisor or the staff member may terminate the teleworking arrangement at any time.

21.3.2.2   Records and Reporting. The supervisor is responsible for determining a method to measure work accomplished by staff during this time period. Non-exempt staff must maintain records of hours worked and obtain pre-approval for overtime.

21.3.3   Scheduled Teleworking. An on-going teleworking schedule, normally no more than two days a week, is considered scheduled teleworking. Each institution will establish and publish approval procedures for scheduled teleworking arrangements. Such teleworking arrangements may be a requirement of a job or may be proposed by either the supervisor or the staff member. Training and reporting requirements apply to all scheduled teleworking. To meet operational needs, teleworkers may, on occasion, be required to work at their regular work location on some scheduled teleworking days.

21.3.3.1   Eligibility. Not all jobs are possible to accomplish by teleworking. Following institutional guidelines, supervisors are responsible for determining the suitability of both the job and the staff member for a teleworking schedule, and for determining if the work goals can be achieved by teleworking.

21.3.3.2   Authority. USNH maintains the option to approve teleworking arrangements in its sole discretion through institutional approval procedures. The decision to establish a teleworking schedule for a staff member requires a written mutual agreement between the supervisor and staff member with an approval process as determined by the institution.

21.3.3.3   Training. All teleworking arrangements, including those initiated prior to the effective date of this policy, must comply with individual campus training requirements. Training will include such areas as security, use of electronic equipment, accountability measures, applicable USNH policies and federal regulations. Additional training will be required as needed. Failure to complete training will result in elimination of the teleworking arrangement.

21.3.3.4   Equipment. The staff member must have the electronic equipment necessary for teleworking and must have an intentional plan to ensure confidentiality of all data, so there is no additional institutional risk of data exposure or theft.

21.3.3.4.1   Cost of Equipment. USNH institutions will not normally buy additional equipment to facilitate teleworking. The staff member pays for the internet connection, costs of equipment operation and maintenance, and upkeep of a home work space. Normal reimbursement policies apply and care must be taken to use the most cost effective communication method.

21.3.3.5   Liability. Teleworkers are responsible for adherence to workplace policies, such as those for security of campus information and equipment used to access that information, harassment, conflict of interest, alcohol and drug use, safety, and confidentiality. They are covered by the institution's professional liability insurance and Worker's Compensation when working in their home work space but are responsible for the correct ergonomics of their work space. Any taxes and any legal obligations associated with working at home are the staff member's responsibility.

21.3.3.6   Records and Reports. The nature of teleworking means that the establishment and measurement of work shifts from an assessment of input (time worked) to output (results accomplished). Supervisors are responsible for defining the work a staff member is to do while teleworking. A signed copy of the written teleworking agreement must be forwarded to Human Resources.

21.3.3.6.1   Non-exempt staff. Due to federal requirements in the Fair Labor Standards Act (FLSA), non-exempt staff must continue to report exact hours worked each day, including those in which they telework. Any overtime requires prior approval (see USY V.F.7.3.1). It is expected that non-exempt staff will document and certify the work performed during their teleworking work hours as well as documenting hours worked. Supervisors are responsible for insuring the staff member's work is being completed as specified in the written teleworking agreement. As with other records, reports of teleworking hours are subject to audits, with or without notice.

21.3.3.6.2   Exempt Staff. While teleworking does not change the days of work (see 21.3), it often means a shift in expectation from a fixed schedule to a more flexible one and from a USNH facility to a non-USNH location. With this shift, there is a heightened need to provide transparency and accountability of the work performed for internal and external audiences in addition to the employee and supervisor. Methods to meet this interest are expected to vary over time and use of teleworking arrangements. The institutional Human Resource office is responsible for posting current institutional accountability methods for teleworking arrangements.

21.3.3.6.3   Periodic review. Each new teleworking arrangement will be assessed for effectiveness after three months and annually thereafter. If supported by the assessment, the teleworking arrangement will be renewed.

21.3.3.7   Authority to Terminate. If the teleworking arrangement is not a job requirement, either the supervisor or the employee can terminate the teleworking schedule immediately or at any time.

 


This page last updated November 14, 2014. For information on the adoption and effective dates of policies please see explanation on the OLPM Main Menu.